Immigration Site

Hello

I have a question about marriage upon re-entry into the US on an F-1 visa.

I have been on an F-1 visa for almost 5 years in the US and I took a short vacation to mexico recently.
My fiancee and I would like to get married soon and we were wondering if we had to wait a certain amount of time after re-entry, before getting married?

I have heard that getting married soon after last date of entry indicates preconceived intent to immigrate. I was recommended by a friend to wait at least 60 days before getting married.

Is there any official documentation of this rule/recommendation about how long to wait?

Thank you all for your help and responses.

I have posted this same question, with less explanation, a moment ago in the following topic: F-1 marrying citizen just after re-entering US.

Upon re-reading my post, I noticed that I forgot to mention that my fiancee was a US citizen. In case, it wasnt apparent.

Its not an official written rule, its an operating procedure derived from a court case.

http://usvisasolutions.com/K-1-K-3.html
Firstly, it is legitimate to enter the US on a tourist visa or visa waiver and marry a U.S. citizen if AFTER doing so you actually intend to return to your home country. However, if someone simply enters as a tourist and subsequently marries a US citizen or otherwise applies for a Green card thru the adjustment of status process, and does so soon after entering as a tourist the Immigration service could accuse them of visa fraud.
By and large, the 30/60/90 day rule is applied to determine whether the tourist had a fraudulent intent upon entry.

The rule is applied as follows:

* if s/he apply for a green card/adjustment of status within 30 days of entering the US, fraud is pretty much presumed-and the application will be denied
* If s/he enters between 30 & 60 days, the presumption of fraud can be overcome, i.e. it is rebuttable
* I s/he enters between 60 and 90 days the presumption reverses. Unless their is specific evidence of a preconceived immigrant/fraudulent intent the adjustment of status application will be granted
* For an application filed more that 90 days after entry , the visa fraud issue seldom arises

If fraud is found, then the consequences could be severe. At the very least the applicant will be required to return to his or her home country to file for a fiancйe of spousal visa. In the worst case, the individual could be barred from re-entering the United States in the future under any circumstances. For more sources, you can Google for "30-60-90 day rule".

Thank you very much for the information and for pointing me in the right direction.

The information you referenced seems to apply only if you are entering on a tourist visa.
Would it still apply in my case, an F-1 student for almost 5 years, and living in the US for almost 10 years? With the only complication being that I re-entered the US recently after a Mexican vacation?

Thanks again.