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What are the implications of applying for a green card after marrying a US citizen on a tourist visa?

Marrying a U.S.

citizen shortly after entering the country on a tourist visa can raise concerns about the legitimacy of the marriage and potential visa fraud.

U.S.

Citizenship and Immigration Services (USCIS) may closely scrutinize the case to determine if the marriage was entered into in good faith, not just as a means to circumvent immigration laws.

Applying for a green card within 60 days of arrival on a tourist visa can trigger additional scrutiny from USCIS.

Thorough documentation demonstrating the bona fide nature of the marriage, such as joint financial accounts, shared residence, and photographs, is essential to prove the legitimacy of the marriage.

Seeking legal advice from an immigration attorney who specializes in these matters is highly advisable to navigate the complexities of the situation and ensure proper handling of the application process.

While it is legal to get married in the U.S.

while on a tourist visa, the intention behind the marriage is crucial in determining the outcome of the green card application.

USCIS may assume premeditated intent to immigrate if the marriage occurs shortly after arrival on a tourist visa, potentially leading to the denial of the green card application.

Leaving the U.S.

during the green card application process may require obtaining an advance parole document, as traveling without authorization can jeopardize the application.

The burden of proof lies with the applicant to demonstrate that the marriage is bona fide and not a sham arrangement to circumvent immigration laws.

USCIS may conduct in-person interviews, request additional documentation, or even conduct a surprise home visit to verify the authenticity of the marriage.

In some cases, USCIS may initiate investigations or refer the case to Immigration and Customs Enforcement (ICE) if they suspect fraudulent activity.

Providing false information or concealing material facts during the green card application process can result in the denial of the application and potentially lead to criminal charges for visa fraud.

The timeline of the marriage and the applicant's immigration history can be crucial factors in the USCIS's evaluation of the case.

Applicants who have previously overstayed a visa or have a history of immigration violations may face additional challenges in their green card application.

The green card application process can take several months to a year or more, during which time the applicant may not be able to work legally or travel outside the U.S.

without proper authorization.

In some instances, USCIS may request additional evidence or conduct further investigations, which can delay the final decision on the green card application.

The approval of a green card application based on a marriage to a U.S.

citizen is not guaranteed, and USCIS has the authority to deny the application if they are not satisfied with the evidence provided.

Applicants who have successfully obtained a green card through marriage to a U.S.

citizen may still face potential complications, such as the need to file for a conditional green card or address any previous immigration violations.

The green card application process can be complex and nuanced, and the specific circumstances of each case can significantly impact the outcome, making it essential to seek professional legal guidance.

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