Newlywed. Needs to go to home country on Sept. What to do??

[annamalcovich]

That person is already married.

[annamalcovich]

I came on J1 visa and got married after 3 months can this be considered as fraud also? Please tell

[kth68]

Any applicant for an immigration benefit has the burden of proving their eligibility. A key concept regarding visitors who marry while visiting the United States is the added burden of proof arising from the presumption of pre-conceived intent. The presumption applies to anyone who marries inside the U.S. within 30 days of their arrival. The concept is that while the visitor claimed they were only coming for a visit, in fact they are presumed to have had the pre-conceived intent to marry and stay permanently. This means that any such applicant for permanent residence as a spouse of a U.S. citizen will have a heavy burden of proof to offset in order to succeed. In effect, a marriage of convenience for illegal immigration is presumed.After 30 days and up to 60 days following arrival, the presumption is replaced by a negative inference of pre-conceived intent. The burden of proof is still on the applicant but it is not as hard to show that the marriage was legitimate as during the presumption phase. After 60 days the negative inference disappears and all that remains is an onus on the couple to show that their marriage was legitimate. It is also worth mentioning that entering the as a visitor and then marrying and applying for a green card from inside the country is not encouraged since, as a matter of policy, the U.S. government would have a nightmare if all couples decided to apply this way. In fact, knowingly doing this is fraud and can result in a five year bar to entry if the fraud is uncovered by U.S. Immigration officials. Nonetheless, an application made inside the U.S. will not be automatically denied solely on that basis. Factors that will be considered are things like when the couple decided they should marry, why they didn't apply from abroad, when they started making their wedding arrangements, whether they had any of the arrangements set within the 60 days after arrival, etc.

[annamalcovich]

Thank you very much