People often ask us – my girlfriend came from Russia last week, can we get married this week and I want to file for her green card right now. I can’t wait to get married!
HOLD YOUR HORSES! YOU SHOULD WAIT!
I have to stop the nuptials and say, hey – you guys should wait 90 days from the date she entered US to overcome the presumption of FRAUD. What is the fraudulent ‘intent’ for a tourist who comes to US and marries a US Citizen a week later? She enters as a Tourist Visa holder, but marries a week later and files a green card petition.
The presumption is that the woman intended to file a family green card case when entering and therefore had a false intent to come in as a tourist only as a way to get her for her family petition.
There is a case from 1980 that says that the intent doesn’t matter and USCIS cannot deny based on this.
But why do you need these problems of Immigration asking you all kinds of uncomfortable questions of you and pushing you to be on the defense a year later at your Green Card Marriage interview? USCIS WILL ask, trust me, what your plan was as to marriage when you entered. Don’t give them ammunition!
Watch this video to find out more!
Shepelsky Law Group
Tel: (718) 769-6352