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by yardie 4760 days ago
> marrying an American, she was told that if she goes to France to have a wedding ceremony that she would not be allowed back in to America.

My cursory reading of the USCIS website tells me her fiance would need to apply for a K1,K3 visa. Being married she is entitled to rights the typical J visa holder does not have.

This is where the immigrant/nonimmigrant visa process breaks down. USCIS makes it painfully expensive to change a nonimmigrant visa into an immigrant visa. I guess what they want to avoid is having people jump the greencard queue, and marriage moves you right to the top, by flying in on a tourist visa, find a willing US citizen to marry.

1 comments

A 'marriage of convenience'[1] in that sort of situation is typically treated as fraud, with potentially high penalties (deportation for the incoming, jail for the citizen). I've heard from more than one recently married couple that they've been separated and intensively interviewed about their personal lives, marriage, and backgrounds. IIRC one was returning to the US, and another was entering Canada. In both cases one of the couple was a native citizen.

If that were the actual reason, I'd be surprised if there wasn't a standard form letter or actual reason for denial. I suppose 'Go Away, We Can't Talk About It' might get used in marginal cases or when the appropriate authority can't be bothered doing the actual research.

Or they just lost at Top100 Terrorist Names Bingo.

[1] https://en.wikipedia.org/wiki/Marriage_of_convenience