Visit boyfriend on esta/vwp? How long until it is safe and legal to get married?

[heamatite2000 34]

Hello everyone.

i need help!

I met my boyfriend this time last year whilst i was doing a Disney program, so I was on a Q1 visa (a visa specifically for foreigners to work at Disneyworld, Florida). We've basically been inseparable ever since and the only time we were apart was when i went traveling with some of my work friends. I then flew home (the UK) for a month to visit friends and family who i hadn't seen for 15 months with already having booked a flight back to the US for a months time (June 7th) (which the boyfriend made me do lol) to visit my boyfriend plus all my friends still working in Orlando. I originally had a return flight book for June 14th, but decided to stay longer. I've now been in the country for just over 2 weeks, and me and my boyfriend have been discussing our future as we don't want to be going back and forth without one of us having a substantial job. We have loosely discussed marriage since I've arrived back in the states and whilst doing a lot of research think this is our best option. I have done a bit of research into marriage/AOS/AP/green card and all the different visas but as I'm already in the country i think the best route is to stay and do everything whilst I'm here. However this is where I need help; some websites I've looked at says theres a 30/60 day rule about marriage and AOS. This suggests that for me to look like I haven't committed visa fraud i have to wait like 60 days before we get married and start filing? This sounds very daunting to me as even though I've visited friends, looked into volunteer work and tried to make the most out of my time, the thought of me not doing anything for another 6 weeks plus several months whilst the application is getting processed sounds very depressing. Just wondered if anyone entered the country and got married after 30 days or 60 days?? Any help would be appreciated!! Thanks

Edited June 24, 2017 by heamatite2000

[Coco8 1,039]

There is no rule on how fast you can marry.

 

First, I would recommend that before you get married you fill in the forms you will have to submit to AOS and put together the paperwork you will have to send (like a copy of your birth certificate). That will probably take you a couple of weeks. You don't want to get married and then realize you cannot AOS because you don't have the money for the fees, you are missing paperwork, or you don't have a financial sponsor, because a marriage visa takes 12-14 months (whereas a fiance visa takes 6 months).

 

 

Second, in some places getting married can have some time consuming requirements so you need to find about Orlando.

 

Third, check you i-94 for the date you are supposed to leave the country. To avoid problems, get married before that.

 

Anyway, I would not postpone this. Filling in the paperwork will take time. Then you can decide where/how/when you want to get married. 

 

Good luck.

 

VJ is the best place to ask questions. People here know a lot and there are newer threads on AOS while in the U.S.

[Yeonin 127]

I spoke to an Englishman last May who 9 years ago went to go see his girlfriend in the US and was advised by his immigration lawyer to get married on exactly the 60th day of being there and he didn't encounter any issues and followed up that advise . So I guess the 30/60 days something 

Edited June 24, 2017 by Yeonin

[heamatite2000 34]

thanks everyone for your posts

[Yeonin 127]

2 hours ago, Dee elle said:

30/60/90 is an urban immigration myth that needs to constantly  be debunked...... no such thing as a time to  marry that wont raise any questions..

 

Again.. there is no 30 60 90 rule.....

 

😎

 

I just stated what I was told, I didn't give any advise of some sort or say that it would work. It baffles me everytime why people on here always want to be the "wise" one. 

[GabiMatch 161]

Hey, a lot of people get married under tourist visa, I know some couples that did it and have not encountered any problem so far (I don't about the visa that you have), you just have to make sure that you do not get married in your first 80 days here and when they asked you at the interview when you decided to get married just say that in the imminence of getting separated you guys decide that you loved each other enough to make the move and did it. You have to have proof that you guys have a real relationship and there is plenty of posts here that will give you an insight of the profs needed. Before I got married to my husband (under a tourist visa) we went to a lawyer office and he told me that as long as we waited about 80 to 100 days to get married we would be fine, he said that our case was not a big deal because I was still lawfully in the country and he also told me that the case would probably take not more than 6 to 8 months to be complete with the employment authorization been processed in about 3 months. I don't think that your case is going to take more than that, specially because you're in orlando and the timeline around there is not that big...take a look at timelines around here and at USCIS website.

Good luck to you and your boyfriend!

[Suss&Camm 2,213]

On 2017-06-24 at 11:33 AM, heamatite2000 said:

Hello everyone.

i need help!

I met my boyfriend this time last year whilst i was doing a Disney program, so I was on a Q1 visa (a visa specifically for foreigners to work at Disneyworld, Florida). We've basically been inseparable ever since and the only time we were apart was when i went traveling with some of my work friends. I then flew home (the UK) for a month to visit friends and family who i hadn't seen for 15 months with already having booked a flight back to the US for a months time (June 7th) (which the boyfriend made me do lol) to visit my boyfriend plus all my friends still working in Orlando. I originally had a return flight book for June 14th, but decided to stay longer. I've now been in the country for just over 2 weeks, and me and my boyfriend have been discussing our future as we don't want to be going back and forth without one of us having a substantial job. We have loosely discussed marriage since I've arrived back in the states and whilst doing a lot of research think this is our best option. I have done a bit of research into marriage/AOS/AP/green card and all the different visas but as I'm already in the country i think the best route is to stay and do everything whilst I'm here. However this is where I need help; some websites I've looked at says theres a 30/60 day rule about marriage and AOS. This suggests that for me to look like I haven't committed visa fraud i have to wait like 60 days before we get married and start filing? This sounds very daunting to me as even though I've visited friends, looked into volunteer work and tried to make the most out of my time, the thought of me not doing anything for another 6 weeks plus several months whilst the application is getting processed sounds very depressing. Just wondered if anyone entered the country and got married after 30 days or 60 days?? Any help would be appreciated!! Thanks

You can marry whenever you want to. There is no waiting rule. You will just need to prove a bona fide marriage as anyone else getting married to a USC and filing for i-130/AOS at any time. 

Edited June 28, 2017 by Suss&Camm

[Rp1 4]

My dear you have to wait over 60 days. You shouldn't rush to get marry because you have to  prove your relationship before and after. If you get marry before 62 days then file they will deny you then deport you your notice will say it's fraud that's the law.

Edited June 30, 2017 by Rp1

[EmilyW 1,222]

23 hours ago, Rp1 said:

My dear you have to wait over 60 days. You shouldn't rush to get marry because you have to  prove your relationship before and after. If you get marry before 62 days then file they will deny you then deport you your notice will say it's fraud that's the law.

This is not true.  And, if you think it is, can you please provide a link to the law / statue (from a government website) that states this.

Edited July 1, 2017 by EmilyW

[Rp1 4]

What Is One Reason the USCIS May Deny a Request to Adjust Status Made by a  B2 Visa Holder or ESTA Visa Waiver Visitor?

The thing about marriage green cards is that the decision to grant U.S. permanent residence (called a marriage green card) made by the USCIS Immigration Officer is “discretionary,” not mandatory. Therefore, the USCIS Immigration Officers do not have to grant the change from B-2 Tourist visa or ESTA Visa Waiver status to marriage to green card  holder status.  In other words, it is possible for a person who is technically eligible for immigrant status (marriage green card) to be denied due to the Officer’s “exercise of discretion.”

The most common instances of such discretionary denials involve cases where the applicant abused the nonimmigrant visa process within the first 30 days of entry to the USA.

How can a B2 visa Holder or ESTA Visa Waiver Visitor be Accused of “Abusing” the Nonimmigrant Visa Process? 

If a person enters the United States in certain nonimmigrant (temporary) visa categories with the obvious intention of applying for permanent immigrant status (apply to get their marriage green card), their I-485 adjustment of status (AOS) application can be denied by the USCIS in the exercise of discretion.

People in certain nonimmigrant visa categories are not supposed to intend to acquire permanent status (a marriage green card) when they enter the USA. Those nonimmigrant visa categories include B-1/B-2 Visitors, F-1 Students, J-1 Exchange Visitors, E-3 Visa Holder, Q Cultural Exchange Visitors, TN Visa Holders, and  ESTA Visa Waiver Visitors.

Applicants for marriage green card holders must not only prove to the USCIS that they have not acted in bad faith after their latest entry. The USCIS has adopted the “30/60/90 Day Rule” used by the Dept. of State’s Foreign Affairs Manual (9 FAM 40.63 n4) when examining events that occur shortly after entry to the USA.

 

Trying to Make a Change During First 30 Days of Entry?

For example, if a person applies for admission into a school or for a change in nonimmigrant or immigrant status within 30 days of entry to the USA as a B-2 visa tourist, they are presumed to have acted in bad faith. According to INA 214(b), every foreign national who files paperwork to change to a different visa category or to stay in the U.S. permanently (get a marriage green card) within the first 30 days after arriving in the U.S. is presumed to be trying to avoid the other longer procedures that everyone else has to go through.

Likewise, if a person submits their Adjustment of Status paperwork within 30 days of entry to the USA as a nonimmigrant, they are presumed to have acted in bad faith and on that basis their Adjustment of Status to a green card holder may be denied.

By filing paperwork for a change in visa status within the first 30 days, they are assumed to have had the preconceived intent to make a request for a change to a different status before they even arrived in the U.S. — and therefore they are “presumed” to have obtained or used one American visa in order to evade the normal screening process abroad for the American nonimmigrant or immigrant visa they really wanted.

 

Trying to Make a Change During 31-60 Days after Entry?

If the application for a marriage green card is received by the USCIS between 31 and 60 days after entry into the USA, no presumption of bad faith is made, but there is a strong suspicionthat the person may have acted in bad faith. That case will be scrutinized very carefully.

A foreign national is allowed to have a generaldesire to remain in the U.S. Filing the Adjustment of Status paperwork to get a marriage grern card within the first 60 days after the last arrival is perceived as a fixed intent to remain in the U.S. permanently.

It is up to marriage green card applicant to show that they had no preconceived intent to apply for permanent residence, pursuant to INA 214(b), because preconceived intent is a potential basis for discretionary denial of a marriage green card

 

Trying to Make A Change After 60 Days?

However, if the Adjustment of Status paperwork (marriage green card application package) is received by the USCIS in the mail more than 60 days after entry to the USA, there is legally an automatic presumption is that the applicant acted in good faith.

With regard to immediate relatives, preconceived intent is not supposed to be presumed and is not supposed to be the basis for the denial of a marriage green card if it is the only adverse factor 

To be safe, it is best to wait and file the marriage green card application at least 61 days (or more) after the date of entry.

 

Keep in mind that the USCIS still reserves the right to investigate any marriage green card case if there is evidence of wrongdoing. If a marriage green card applicant has anything in his or her past visa history that suggests that he or she may have abused the American visa process, or otherwise tried to take shortcuts, the USCIS has made it clear that they can deny such marriage green card applications in their exercise of discretion – no matter when they submitted the Adjustment of Status paperwork.

 

 

People on here need to know their facts before they post on here. If you know some one that got it after marrying before 60 days they were lucky. No 2 officers is the same. This site is not legal advice and just to post personal experience becareful what of what a posting on here always go to the official site or ask lawyer no hurt in that. Only on a fiance visa can someone marry within 90 days.

[Rp1 4]

Sorry for the long post but the facts are there. Fyi my sister hubby came here April 2016 on tourist visa they wanted to get married right away but our good friend who's a supervisor at USCIS told them they need to wait 61 days they got married Sept 3 last year filled package in Dec he's now waiting on his interview. Got work permit March 2017

[EmilyW 1,222]

Can you please post a link to the law or statute?   Specifically, the LAW that says marrying under 60 days is fraud, with the penalty being deportation.

 

The link you posted is from an attorney's website and not the actual statute and/or a government source:  https://immigrationworkvisa.wordpress.com/2017/01/18/green-card-adjustment-after-b2-entry/

 

There is no law about the mythical 60 day rule.  None.  It's unfortunate that USCIS staff are giving incorrect / false information.

 

Edited July 1, 2017 by EmilyW

[Suss&Camm 2,213]

Just now, EmilyW said:

Can you please post a link to the law or statute?   Specifically, the LAW that says marrying under 60 days is fraud, with the penalty being deportation.

 

The link you posted is from an attorney's website and not the actual statute.  https://immigrationworkvisa.wordpress.com/2017/01/18/green-card-adjustment-after-b2-entry/

 

Unfortunately far too many ppl read websites like that and believe it to be true. 

 

For the OP, once again, what's posted above about the 30-60-90 and fraud IS NOT TRUE. You are perfectly fine to go ahead and marry and apply right away. You have received good advice from ppl here on VJ that are very knowledgeable and would never advise on anything that might be detrimental to your process. The only motif of these ppl is to help others through a smooth immigration journey by providing accurate information. Please be critical of the sources provided that talks about the 30-60-90. You will find that it is not based on fact.

 

I wish you much luck in going forward and a smooth journey whatever road you head down.

[Rp1 4]

People do what you want like I said this is not legal advice so if anyone want to take from here and run with it it's up to them. 

 

People want to get marry less than or over 30 days on a visa not a fiance visa and think uscis will not look at it as fraud you  have another thing coming. To each their own. None of you posted that you got married within that time and things worked out for you.  So why tell some else to do it? To each their own as I said make sure you all know what you getting into before you do it and make sure you're legally on the right path!

Edited July 2, 2017 by Rp1

[Suss&Camm 2,213]

1 hour ago, Rp1 said:

People do what you want like I said this is not legal advice so if anyone want to take from here and run with it it's up to them. 

 

People want to get marry less than or over 30 days on a visa not a fiance visa and think uscis will not look at it as fraud you  have another thing coming. To each their own. None of you posted that you got married within that time and things worked out for you.  So why tell some else to do it? To each their own as I said make sure you all know what you getting into before you do it and make sure you're legally on the right path!

Ppl on this site do this literally ALL THE TIME - because it's perfectly  fine and LEGAL. No one has "another thing coming". Stop inciting fear when there is nothing to fear.