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30/60 days rule - Texas

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  • 30/60 days rule - Texas

    I am a 3rd year PhD student in US. And, I am on F1 visa. My fiance came here 3 years ago (July 2004) with me to settle me down and left after 1 week for Turkey.We are both Turkish citizens. at that time, he had a 10 years B1/b2 visa. he finished his PhD in July 2007 and came here to pursue his postdoc. He entered US on B1/B2 visa on Sep 30th 2007. Since by the time we have been together for 11 years, we decided to get married. and we married on Oct 25th 2007. We realized that postdoc applications may take considerable time, we want to change his status to F2 that he can stay here legally and apply his postdocs.
    However, we learned that marrying within 30 days of arrival can cause serious problems (pre-conceived intention of fraud)?

    I have two questions:

    1. Since he has unique background, there are some professors here encouraging hime to apply for a graduate program. do you think this marriage issue will still cause problems if he gets a graduate admission from a university and apply for an F1 visa?

    2. As another option, if he leaves the country for sometime and come back to US again, do you think this marriage which happened in his previous arrival to US will cause visa status change problems? (visa status can be F1 or F2).

    I am praying for an early reply,

    thanks.

  • #2
    I recommend you post your question in the Immigration Law forum elsewhere on this site, where I'm sure you will get responses. This particular forum is for Employment Law questions. However, one of the best responses will likely be to get the advice of an attorney specializing in immigration law.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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