30/60/90 rule

[Lost in MoA 3]

Hi,

Is the 30/60/90 rule for real? If you're not familiar with it, here is the link -

https://immigrationworkvisa.wordpress.com/2011/12/27/green-card-adjustment-san-diego-after-b2-entry/

[BaronB 42]

Apparently it is not real.

[Lost in MoA 3]

Apparently it is not real.

Based on?

[canadian_wife 1,823]

You cited a wordpress site. I have a wordpress page.

Do you have a government citation?

good luck

[Lost in MoA 3]

Perhaps, I'm not sure... This is a quote from the link -

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.

[BaronB 42]

Based on?

Based on a previous argument I witnessed here on VJ. I can't recall all the details but one of the mods was very adamant that the 30/60/90 rule is not found anywhere in USCIS rules. It's something lawyers throw around erroneously to advise visitors to wait a certain amount of time before getting married and adjusting status.

So, it doesn't exist but it's common sense to wait a while before getting married and attempting to adjust status.

[aurpol 17]

I believe its true because when we processed my AOS (adj), one of the questions our lawyer asked me was if we were married while I was still on legit tourist visa stay in the US. Then, she explained why. If you marry soon (like 30-60 days upon arrival), this is considered a red flag by USCIS - that your intent to come was to marry not as a mere tourist. Apparently, they don't like shortcuts.

[BaronB 42]

I believe its true because when we processed my AOS (adj), one of the questions our lawyer asked me was if we were married while I was still on legit tourist visa stay in the US. Then, she explained why. If you marry soon (like 30-60 days upon arrival), this is considered a red flag by USCIS - that your intent to come was to marry not as a mere tourist. Apparently, they don't like shortcuts.

I wish that mod could come back here to disagree with you lol. Honestly I agree that it looks suspicious if you marry quickly upon arrival but then again people have been shouted down here for saying that USCIS has an official 30/60/90 day policy. Lawyers can accompany people to their AOS so I assume they would know about the process.

[Dave&Roza 748]

Hi,

Is the 30/60/90 rule for real? If you're not familiar with it, here is the link -

https://immigrationworkvisa.wordpress.com/2011/12/27/green-card-adjustment-san-diego-after-b2-entry/

Based on this, there is mention of the 30/60 day rule. However, this is what it is talking about:

9 FAM 40.63 N4.7-2

Inconsistent Conduct Within 30 Days of Entry

If an alien violates his or her nonimmigrant status in a manner described in 9 FAM 40.63 N4.7-1 within 30 days of entry, you may presume that the applicant misrepresented his or her intention in seeking a visa or entry.

9 FAM 40.63 N4.7-3 After 30 Days but Within 60 Days

If an alien initiates such violation of status more than 30 days but less than 60 days after entry into the United States, no presumption of misrepresentation arises. However, if the facts in the case give you reasonable belief that the alien misrepresented his or her intent, then you must give the alien the opportunity to present countervailing evidence. If you do not find such evidence to be persuasive, submit a comprehensive report to the Advisory Opinions Division (CA/VO/L/A) for the rendering of an advisory opinion. (See 9 FAM 40.63 N7.2).

9 FAM 40.63 N4.7-4 After 60 Days

When violative conduct occurs more than 60 days after entry into the United States, the Department does not consider such conduct to constitute a basis for an INA 212(a)(6)©(i) inadmissibility.

So it really it the 30/60 day rule and after 60 days it is a nonissue based on these notes which come from the State Department website. The way I read it, this is for the admission of the tourist visa while standing in front of the CBP officer and the CBP has reason to believe based on answers to his/her questions that the peson misrepresented them selves at the Embassy to obtain the visa they can deny entry. Once entry has been granted, it is much harder to prove that the personnow filing for adjustment of status used a tourist visa to enter the US, get married and file their AOS.

Dave

Dave

Edited April 19, 2015 by Dave&Roza

[aurpol 17]

I wish that mod could come back here to disagree with you lol. Honestly I agree that it looks suspicious if you marry quickly upon arrival but then again people have been shouted down here for saying that USCIS has an official 30/60/90 day policy. Lawyers can accompany people to their AOS so I assume they would know about the process.

Of course its not. This is an example of an "unwritten rule." If its not true, otherwise you wouldnt find topics of similar issue in the internet nor our lawyer will explain to us about marrying too soon.

Edited April 19, 2015 by aurpol