Immigration Issues/getting married


QUESTION: I am in the US right now (visa waiver)  but I have to go back in 6 weeks to do my exam. When I have arrived to the US 2 days ago I got problems at the immigration cause I went to visit my boyfriend many times, they told me that i need a visa the next time otherwise they will send me back. We really want to get married but i have heard that i need to be here for 62 days otherwise its not legal. But I have to go back in 6 weeks. And i also have heard that when we get married that I cant go back to Switzerland during my visa process. What would you suggest to do? Is there any way to get married now and going back for my exam for 2 weeks and being able to come back to the US again? Thank you very much for your help, i really appreciate it.

ANSWER: Sounds like you are between a rock and a hard place. You can either get married here (if that is what you really want to do) and file the petition and ask for permission to leave the USA a re-enter while the visa is pending, or you can leave and go to the US consulate in your home country and request a B visa to come back to the USA.

Good luck.

---------- FOLLOW-UP ----------

QUESTION: Thank you for your answer. We want to get married anyways we just thought I have to be in the US for 62 days to getting married, isn't that true? So we basically just can get married ASAP and fill out the papers for the visa? Thank you very much for your help.

That is an old-wives tale and I don't know where it comes from.  For other visas there is a presumption of fraudulent intent if you enter the US on one visa and then apply for another visa within 30 days of entry. In the case of a waiver visa you are barred from requesting a visa change while in the USA at all. However, these two items are waived in regards to marriage to a US citizen. Now it looks better if you wait more than 30 days, and you completely avoid the issue of fraudulent intent, but I don't know where you came up with 62 days????

Immigration Issues

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Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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