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Hello! My boyfriend is from the UK and I I am from the US. We have been traveling for the past two years occasionally entering the US under the ESTA program but always leaving on time. He entered in February of this year and we intended to leave, but now we have decided we’d like to stay more permanently in the US, stop traveling, And commit to our relationship so now we are engaged! Woohoo! 
 

How do I prove that we did not intend to get married when he entered in January? I read on a site about a 90 day rule that if we get married within 90 days it suggests visa fraud. Should we wait till his visa expires to get married? we don’t really care if he loses his ESTA eligibility just don’t want to get denied

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4 minutes ago, dreamstrider said:

How do I prove that we did not intend to get married when he entered in January?

No need to "prove" it.  There is no 90 rule for USCIS.  There is no reason to wait.

Edited by Lucky Cat

"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

      :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Step 1:  Marry

Step 2: Follow this guide:

 


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

      :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Unless he misrepresented himself when he entered the US, there is no issue here.  In fact, many, many people here have married and adjusted status after plans changed.  I have seen NO cases where it was even questioned.  Also, did you read the excerpt you attached? 

 

image.png.2c3a14ed4bcbfb946a6c9a3ab1763f38.png


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

      :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Filed: Citizen (apr) Country: Russia
Timeline

I agree, we see a lot of questions regarding the 90 day rule, it really does not apply to USCIS. 

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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27 minutes ago, dreamstrider said:

Maybe I’m over thinking it, I read that there is a guideline for officers To presume misrepresentation when certain things happen within 90 days

I certainly understand your concern, but this question is asked many times here.  The fact is that marrying and adjusting status after entry via ESTA is legal if that was not the original intent when entering.  

Edited by Lucky Cat

"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

      :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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He isn't getting a VISA from the Department of State.   He is immigrating via USCIS.  Use the correct set of rules not what you "hear" online.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Filed: Citizen (apr) Country: Canada
Timeline

~~MOved to AOS from Work, STudent and Tourist Visas, from WHat Visa Do I Need - as they are both already inside the US.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: AOS (apr) Country: New Zealand
Timeline
8 hours ago, dreamstrider said:

Hello! My boyfriend is from the UK and I I am from the US. We have been traveling for the past two years occasionally entering the US under the ESTA program but always leaving on time. He entered in February of this year and we intended to leave, but now we have decided we’d like to stay more permanently in the US, stop traveling, And commit to our relationship so now we are engaged! Woohoo! 
 

How do I prove that we did not intend to get married when he entered in January? I read on a site about a 90 day rule that if we get married within 90 days it suggests visa fraud. Should we wait till his visa expires to get married? we don’t really care if he loses his ESTA eligibility just don’t want to get denied

Just keep in mind that he will not be able to work or be readmitted if he leaves the US for 7-9 months while the petition/adjustment/EAD and AP are pending.

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Visitors are permitted to get married. Even with every intention. I got married to my now-husband whilst visiting and it was planned all along. I even had my wedding dress with me. So ignore everything you’ve seen of heard about it being “fraud” or “illegal” to get married. What is fraudulent is to enter as a non-immigrant with the intention of staying, married or otherwise. Your boyfriend was admitted as a visitor. Therefore the CBP officer at the time was satisfied with his intention to return home after his visit. That’s all that matters. 
 

There is also the fact that intent alone is not enough to deny AOS but that doesn’t even come into it in your case.


Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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