The 90-day rule for F1 visa holder

[Panda_Gorda 2]

Hi everyone,

 

I am a F1 visa holder in the US. My girlfriend is a US citizen. We plan to marry and apply for green card for me.

 

My most recent entry into the US was around Jan 10, 2024. Because now it's my spring break, we want to get married first while I am pretty free. But right now it's still within 90 days since my last entry. So I would like to ask if I really need to wait a few weeks more to get married.

 

I know there are several posts on this topic but I didn't see a similar case that applies to me. And I saw different info from the internet so I am pretty confused. Thanks so much for any inputs!

[Crazy Cat 39,267]

2 hours ago, Panda_Gorda said:

So I would like to ask if I really need to wait a few weeks more to get married.

There is no 90 day rule.  You can marry, get the marriage certificate, then file the I-130, I-130a, I-485, I-131, and I-765 right away.

Be aware of the travel and work restrictions when filing to Adjust Status.

Edited March 26 by Crazy Cat

[Panda_Gorda 2]

3 minutes ago, Crazy Cat said:

There is no 90 day rule.  You can marry, get the marriage certificate, then file the I-130, I-13a, I-485, I-131, and I-765 right away.

Your response is much appreciated. Do you mind elaborating on that? Because I saw different info somewhere else such as Boundless. That made me confused and worried.

[Dashinka 23,251]

To emphasize what @Crazy Cat said, there is no 90 day rule.

 

Good Luck!

[Panda_Gorda 2]

1 minute ago, Dashinka said:

To emphasize what @Crazy Cat said, there is no 90 day rule.

 

Good Luck!

Thank you

[Crazy Cat 39,267]

4 minutes ago, Panda_Gorda said:

Do you mind elaborating on that?

90 day rule is a Department of State guideline....not a USCIS directive.  I cannot recall anyone ever being denied due to this "rule".  The USCIS officer won't even ask you about it.  

[Panda_Gorda 2]

4 minutes ago, Crazy Cat said:

90 day rule is a Department of State guideline....not a USCIS directive.  I cannot recall anyone ever being denied due to this "rule".  The USCIS officer won't even ask you about it.  

Great. Thank you

[Dashinka 23,251]

11 minutes ago, Panda_Gorda said:

Your response is much appreciated. Do you mind elaborating on that? Because I saw different info somewhere else such as Boundless. That made me confused and worried.

Your intent was determined by CBP at the border when you entered the U.S.  Life changes all the time.

 

Good Luck!

[JeanneAdil 6,203]

Fees increase for adjusting status April 1st next Monday

 

https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule

[SalishSea 16,776]

3 hours ago, Panda_Gorda said:

 

Hi everyone,

 

I am a F1 visa holder in the US. My girlfriend is a US citizen. We plan to marry and apply for green card for me.

 

My most recent entry into the US was around Jan 10, 2024. Because now it's my spring break, we want to get married first while I am pretty free. But right now it's still within 90 days since my last entry. So I would like to ask if I really need to wait a few weeks more to get married.

 

I know there are several posts on this topic but I didn't see a similar case that applies to me. And I saw different info from the internet so I am pretty confused. Thanks so much for any inputs!

As long as you didn’t lie to CBP about your intent (i e not to adjust status and stay), it is fine.

[Sandra G. 5,016]

20 hours ago, Panda_Gorda said:

 

Hi everyone,

 

I am a F1 visa holder in the US. My girlfriend is a US citizen. We plan to marry and apply for green card for me.

 

My most recent entry into the US was around Jan 10, 2024. Because now it's my spring break, we want to get married first while I am pretty free. But right now it's still within 90 days since my last entry. So I would like to ask if I really need to wait a few weeks more to get married.

 

I know there are several posts on this topic but I didn't see a similar case that applies to me. And I saw different info from the internet so I am pretty confused. Thanks so much for any inputs!

The 90-day rule was eliminated in July 2021, but USCIS might decide you misrepresented your entry by getting married almost right after you entered. 

[Boiler 43,450]

I do remember it being an issue before the court cases, the names of which escape me but essentially say the PoE had the chance and admitted .

 

I suppose that if someone put their hands up and said yes I lied etc, but I have not come across that and lets face it this is not exactly uncommon.

 

And of course there is nothing magic about 90 days or even 60 days that seems now the magic time.

 

Plus of course it is a pretty pointless exercise as a waiver is available and they are here.

[Crazy Cat 39,267]

**One comment removed at member request***

[Panda_Gorda 2]

3 hours ago, Sandra G. said:

The 90-day rule was eliminated in July 2021, but USCIS might decide you misrepresented your entry by getting married almost right after you entered. 

So it is still better to wait till we are out of the 90-day window? 

[Crazy Cat 39,267]

2 hours ago, Boiler said:

And of course there is nothing magic about 90 days or even 60 days that seems now the magic time.

Agree.  I have never understood the logic behind waiting 90 days.  If I had fraudulent intent when I entered the US, how does waiting 30 days, 60 days, 90 days, etc. change what my intent was?  😂