30/90 days rule for AOS is now the rule

[DrEllaNJ 288]

hi all, we've all heard about the 'unofficial' 30/60/90 day rule that was deemed to be not enforced (although I have heard of friends running into trouble after getting married within a few months of entering on a student visa). It seems like it is now an official rule, as explained in an article in the NY Times today: 

 

"Visitors who require a visa before entering the United States must then follow through on their stated plans for at least three months. If in that period they do something they failed to mention in an interview with a consular official — such as marry an American citizen, go to school or get a job — it will be presumed that they have deliberately lied. That would make it difficult, if not impossible, for them to renew a visa, get a new one or change their status. And if they were still in the United States, it would make those visitors eligible for deportation. [...] 'If someone comes to the U.S. as a tourist, falls in love and gets married within 90 days and then applies for a green card, this means the application would be denied'..."

 

https://www.nytimes.com/2017/09/18/us/politics/us-visa-rules-tillerson.html

 

I thought I'd post about it because it'll definitely change the way we advise people on this forum.

[sweetadams 138]

9 minutes ago, DrEllaNJ said:

hi all, we've all heard about the 'unofficial' 30/60/90 day rule that was deemed to be not enforced (although I have heard of friends running into trouble after getting married within a few months of entering on a student visa). It seems like it is now an official rule, as explained in an article in the NY Times today: 

 

"Visitors who require a visa before entering the United States must then follow through on their stated plans for at least three months. If in that period they do something they failed to mention in an interview with a consular official — such as marry an American citizen, go to school or get a job — it will be presumed that they have deliberately lied. That would make it difficult, if not impossible, for them to renew a visa, get a new one or change their status. And if they were still in the United States, it would make those visitors eligible for deportation. [...] 'If someone comes to the U.S. as a tourist, falls in love and gets married within 90 days and then applies for a green card, this means the application would be denied'..."

 

https://www.nytimes.com/2017/09/18/us/politics/us-visa-rules-tillerson.html

 

I thought I'd post about it because it'll definitely change the way we advise people on this forum.

Good job and thanks for posting this information

[Merrytooth 5,748]

lol.. what is the difference?

 

One would wait till 91 days to file AOS.....

[DrEllaNJ 288]

Just now, Merrytooth said:

lol.. what is the difference?

 

One would wait till 91 days to file AOS.....

to get married, not to file AOS

[Crazy Cat 41,979]

Then that means intent is not always determined at entry?

[databit 328]

I posted this already:

 

 

[Merrytooth 5,748]

3 minutes ago, DrEllaNJ said:

to get married, not to file AOS

Ok.. If people intend to cheat / bypass the system, they could wait till 91 days, no biggie.

[DrEllaNJ 288]

1 minute ago, databit said:

I posted this already:

 

 

thanks, missed it. 

[Going through 5,671]

From the article:

 

"But the new rule does not generally apply to citizens of 38 countries---including most of Europe and longstanding allies like Australia, New Zealand and Japan---who do not need a visa or an explicit travel, business or educational plan before coming to the United States."

 

Seems like it affects only those going through consular processing?

 

Wonder what the 38 countries are...

Edited September 19, 2017 by Going through

[DrEllaNJ 288]

5 minutes ago, Going through said:

From the article:

 

"But the new rule does not generally apply to citizens of 38 countries---including most of Europe and longstanding allies like Australia, New Zealand and Japan---who do not need a visa or an explicit travel, business or educational plan before coming to the United States."

 

Seems like it affects only those going through consular processing?

 

Wonder what the 38 countries are...

tbh, that part of the article is a bit confusing to me. I'm assuming the 38 countries meant are the ones that participate in the Visa Waiver Program. However, I'd be curious to see what happens if someone gets married on WVP within 90 days of arrival.

 

Also, the VWP can be used for tourism and short (unpaid) business events, but you can't attend school if you don't have a student visa - so you most definitely need an "explicit educational plan" (with interview) to come to the US even if you come from a country that participates in VWP.

[dolyochagi 12]

I wonder how this affects current applications. We got married while he was on the VWP.  If the rule generally doesn’t apply to VWP countries I think we’re still ok. 

Edited September 19, 2017 by dolyochagi
Add a thought

[Jordan8768 107]

I have my interview next week. Hopefully this doesn't make it more difficult...

[Hypnos 6,576]

The previous 'rule' wasn't binding on USCIS, nor does this one appear to be. 

 

In short, very little/nothing will change. 

[JFH 12,190]

6 hours ago, dolyochagi said:

I wonder how this affects current applications. We got married while he was on the VWP.  If the rule generally doesn’t apply to VWP countries I think we’re still ok. 

It  doesn't because there is no interview required to be eligible for the VWP. They are referring to people who need B-2 visas who go to their interview with a shopping list of monuments and sights that are "dying to see", but then get married here within a week or so and adjust. It's to try and eliminate the huge number of people who "change their minds" (usually in the baggage hall of the airport) and decide to stay. 

[DrEllaNJ 288]

I do wonder if the encounter with the customs officer counts as an interview? Anyways, we'll have to wait and see.