SWaiting said:
There use to be a fantastic personal website where the guy had gone in painful details to explain it. That website is not working now.
Basically, the issue is that if you do something within 30/60/90 days of an immigration benefit (obtaining a visa, entering the US, getting a GC) that conflicts with the requirements of getting that benefit, USCIS may legally infer that your intent at the time of obtaining that benefit was different from what you stated at the time. That would be bad.
Essentially, if you get a GC based on marriage, and then 30 days later divorce your spouse (or file for divorce), USCIS may claim that you intended to divorce the spouse at the time of the GC approval, and that the GC is invalid (that and you probably committed fraud).
If you enter the US in a non-immigrant status that does not permit dual intent (ie. anything except H, L, K and V) and within 30 days file an I-130 or an I-485, USCIS may claim that your last entry was fraudulent since you did not posess the requisite non-immigrant intent.
If you got married and filed the I-485 more than 90 days after the last entry, you will most likely be OK.
Marriage btwn 30 to 60 days of coming to US - This may raise an RFE and they may ask proof of stable marriage..
No, they won't ask for proof of stable marriage, they'll want proof that you didn't intend to immigrate back at the time of the last entry.
