Marriage to F1 after Citizenship and Travel of F1 person

I just wanted to update the thread in case someone else finds this helpful.

Since I wasnt sure which way to go, I contacted my attorney at murthy.com. I was advised to put a hold on the marriage until the trip is completed. After the trip I can get married within a short period of time but wait for atleast 60days after getting married to apply for I-485 etc. Doing it after 60 days gets rid of any chances of rebuttal or questioning the intent during the I-485 interview. I was told there is a 30/60 rule which applies to such situations, if anyone knows more about please elaborate, thats all the information that I could get out of the attorney because I was running short on time.

So looks like I am going to do that. Thanks everyone.
 
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Do you want your case to be able to withstand the scrutiny of an anal officer who is fishing for something wrong (and many will get into anal fault-finding mode for marriage-based green card applications where the marriage is very new)? Or are you banking on getting a friendly interviewer, just so she can make one trip in December? You don't get to choose the interviewer.

This other site says don't even marry within 60 days of entering the US.
http://www.msclaw.com/index.php?mact=News,cntnt01,detail,0&cntnt01articleid=3&cntnt01returnid=71

If you want to go that route and get married after the trip, if I were you I would avoid doing anything that would lead the interviewer to believe the marriage was already planned at the time she entered the US with her F1. So that would mean not fixing a date or place or getting a marriage license until after she returns from her trip.
 
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Here's a previous interpretation of the 30/60/90 day rule:

Suppose someone enters on a B-2 visa and after "x" days applies for AOS either through marriage, or any other family sponsorship.

If x < 30 = USCIS will accuse the applicant of committing fraud/misrepresentation and the burden of proof lies on the applicant
If 30 < x < 60 = USCIS may accuse the applicant of committing fraud/misrepresentation and the burden of proof lies with the applicant
If 60 < x < 90 = USCIS may accuse the applicant of committing fraud/misrepresentation but the burden of proof will lie with USCIS
If x > 90 = USCIS will most likely not accuse the applicant of committing fraud/misrepresentation

http://boards.immigration.com/showthread.php?t=275390
 
Thanks Jack and Bob for your replies.

I am rethinking this situation again when to get married and file now or wait till later. The problem with later is that I would like to be safe and marry and then file 60 or 90 days after the trip in Dec 08. That might delay things into Apr 09 which seems a little late.

The thing is that this trip is very important, it has to happen. She needs to travel before Christmas time.

I was looking at the timelines for the approval of I-131, at the Vermont Center the timeline shows May 6th 08 and while at Baltimore DO its Apr 16th 08. I dont know which center or office will approve the I-131. Going by those times looks like it takes about 3-3.5 months to process the I-131. And I also know the times are not up to date, they lag a month or two, so I am thinking it might take less time.

I may be able to take a calculated risk and get married and file now and hope that the I-131 is approved by early or mid Dec for travel. I am leaning towards this, but need to think this more.

Any comments?
 
Don't forget another advantage of filing now ... she'll get her green card sooner than if she waited until March/April next year to file. If you let 8 months go by before filing, things can change to make things more difficult, like fee increases or growing backlogs or stricter requirements for something (e.g. they recently expanded the required set of vaccinations for the medical).

Looking at the processing times for VSC, with the I-131 they were at May 6, 2008 as of the July 15 reporting date. That's less than 2.5 months.
 
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Jackolantern said:
Don't forget another advantage of filing now ... she'll get her green card sooner than if she waited until March/April next year to file. If you let 8 months go by before filing, things can change to make things more difficult, like fee increases or growing backlogs or stricter requirements for something (e.g. they recently expanded the required set of vaccinations for the medical).

Looking at the processing times for VSC, with the I-131 they were at May 6, 2008 as of the July 15 reporting date. That's less than 2.5 months.
Click to expand...

I agree to that, thats what I am leaning more towards filing it sooner than later.
 
I have another question for you guys.

I have question on I-485 line item 14b. Do I even need to fill that part out if I am a US Citizen?
The permanent residence that I had before I got my citizenship was through a marriage to a US Citizen and I got divorced. I am getting married again to a person on F1 visa.

Immihelp states this:

If you received your permanent residence through marriage, you can't petition a new spouse for 5 years, unless the first spouse died or you can prove that your previous marriage was not a sham by providing "clear and convincing evidence". To prove that your previous marriage was bona fide, enclose evidence that you and your former spouse shared a life together such as

* shared rent receipts,

* children's birth certificates,

* club memberships,

* utility bills,

* insurance policies.


Does that question pertain to me, I thought if one is a US Citizen they can sponsor a spouse without such restrictions ?

And looks like I am beyond the 5 year since getting the PR Card restriction because for the N-400 I applied using 5 years as permanent resident option.
 
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