wait time before marriage

captainkit

Registered Users (C)
Quick question, as I've seen a few posts urging people to wait 90 days after entering the US to get married, and now I'm worried.

I came here as an F-1 student in Oct '06. I travelled home with permission for brief vacations a few times, my last entry into the US was Jan 12 this year. I then married my man on March 23. This was a tiny wedding - us and two friends in a chapel in Vegas - we were already planning our big wedding for later but wanted to get the immigration paperwork rolling as I have a very ill relative back home and we decided together that I was not going to miss the chance to be with her if sadly made necessary.

We had our big, ridiculous "real wedding" (to us anyway; the first wedding was the legal one) in June with all our family, including 50+ guests from Australia and all the ceremony and production values you might expect from Beverly Hills.

I want to know if this is going to be a problem... when I first came here on F-1 I knew my husband (and lived with him as a roommate when I arrived) but never imagined we'd get married. By my last entry we were engaged, but I planned to tell USCIS we were uncertain about our wedding plans, which is true... we actually thought we'd marry in Australia until we realised I'd be stranded there waiting for CP... so we made the plans for the quick legal wedding and the big celebration later.

Does this seem defensible? Is there anything that would raise the eyebrow of a USCIS officer? I have my interview coming up and I'm getting anxious about our timeline. I'd appreciate any help.
 
I personally think you should be ok. Your length of stay in the country prior to submitting AOS should work for you and not against you. Good luck!!!

Does this seem defensible? Is there anything that would raise the eyebrow of a USCIS officer? I have my interview coming up and I'm getting anxious about our timeline. I'd appreciate any help.
 
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Pre-intent is evaluated case-by-case basis. Normally, it's a very bad idea to get married within 90 days of entering on a nonimmigrant visa because it does prove to USCIS that applicant did have pre-intent to immigrate to the US. But USCIS can take other situations in consideration too befor making any determination on pre-intent issue.

Speaking specially of your situation then I don't think you have anything to worry about because the length of your staying in the US on F-1 visa which was back in 2006 even though you have been using this visa to enter back and forth into the United States. It's a non-issue in your case.
 
That's encouraging. My parents filed the affidavit of support for my F-1... at that point I knew my husband, but we were truly just friends! Let's hope I can convince USCIS.
 
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