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DrJokepu | 2 years ago
Your friend's real problem is the 88 days. Long stays like that on ESTA are not a problem until suddenly they're a problem. They raise eyebrows. How did he support himself for 88 days in the United States? Does he really have strong enough ties to his home country if he can just stay away for 88 days? I would not do it again if I was him. Come for a couple of weeks, or get an immigrant visa.
legutierr|2 years ago
You mean, come for a couple weeks, but don't fall in love or start a family with an American girl or boy.
> Getting married is fine. Getting married and then changing your mind is acceptable.
I would imagine that getting married and changing your mind is what this policy is meant to encourage! What about getting married and not changing your mind? What about having and raising children?
Is it United States policy that the children of such marriages must be raised only by single parents?
DrJokepu|2 years ago
Point is, with a few exceptions (notably, H-1B), coming to the United States on a non-immigrant visa with the intent of staying is an inadmissibility (7A1 immigrant without an immigrant visa). It doesn't matter if you're married of have children. Coming to the United States on a non-immigrant visa and then adjusting status due to a change in circumstances is allowed.
>Is it United States policy that the children of such marriages must be raised only by a single parent?
If it's a bone fide marriage (and if there's a child, it probably is), the US citizen spouse can petition for an immigrant visa (which will turn into a "green card" on admission at the border). Immigrant intent is not an issue when entering on an immigrant visa.
My personal opinion that this immigrant/non-immigrant visa distinction should be removed from US immigration law, but right now it's there, so these are the rules right now.