Left country after applying for marriage license?

[bdymond 0]

My finace and I applied for a marraige license and then went on vacation out of the country to the Caribbean. When we came back, we got married. Was this okay to do? I stumbled upon another forum that was talking about fraud and it now has me scared and worried. Any information would be appreciated. Thank you!

[Harpa Timsah 13,258]

What visa did the foreigner enter on?

[bdymond 0]

J1 visa

[Darnell 8,479]

So Far, yes.

Edited October 28, 2013 by Darnell

[aaron2020 11,651]

After your vacation, what visa did your spouse use to enter to the US?

If your spouse used a non-immigrant visa or the VWP to enter the US after the vacation with the intent to adjust, then this is immigration fraud. Fortunately for you two, this will be forgiven when the foreigner is adjusting based on being an Immediate Relative of a US citizen.

=========

Editing because I read other responses.

It's immigration fraud to use the J-1 to enter the US after the vacation with the intent to immigrate by adjusting her status.

Fortunately, all will be forgiven when adjusting as the Immediate Relative of a US citizen.

Yes, you did something wrong. However, there is no penalty.

Edited October 28, 2013 by aaron2020

[bdymond 0]

It was only for a 7 day vacation. She had the intent to finish her job which ends in November. So just tell the truth and everything will be forgiven?

[aaron2020 11,651]

It was only for a 7 day vacation. She had the intent to finish her job which ends in November. So just tell the truth and everything will be forgiven?

It doesn't matter if it's 7 days or 7 seconds. The amount of time outside the US is irrelevant. It is the illegal entry that is the potential problem. She used her J-1 non-immigrant visa to enter the US with the intent to immigrate which is immigration fraud.

Yup. For the Immediate Relative of US citizens, the intent to immigrate when entering will be ignored.

Read this http://www.hooyou.com/i-485/eligible.html

Adjustment of status is discretionary. It is important to note that adjustment of status is up to the discretion of the USCIS officer handling each case. Even if an alien is eligible for adjustment and is not blocked by any of the statutory bars listed above, the USCIS may still deny an application for adjustment of status. In practice, adjustment of status will be granted where the alien is statutorily eligible and there are no "Negative Factors." When such negative factors exist, the factors will be weighed to determine whether adjustment will be granted. Close family relatives and immediate relatives in the US, may be a strong factor favoring adjustment. The preconceived intent to remain in the U.S. at the time of entry as a non-immigrant, even if this intent does not constitute fraud or willful misrepresentation, may be a sufficient negative factor to deny an adjustment of status application. However, immediate relatives of U.S. citizens can generally overcome such negative factors. - See more at: http://www.hooyou.com/i-485/eligible.html#sthash.WTkUIIYr.dpuf

[bdymond 0]

This scares the ####### out of me now. Thinking about losing your loved one over something so small is frightening. This puts my mind at ease some what. Thank you for your help. I truly appreciate it!

[luckytxn 2,265]

Isn't there a specific forum for these type of questions?

[TBoneTX 45,963]

*** Thread moved from Off Topic forum to General Immigration Discussion (can be moved further). ***