Navigating the U.S. immigration system can feel like walking through a minefield of complex rules and deadlines. For couples seeking a green card after a marriage, the “90-day rule” is a critical concept to understand. It’s a guideline used by consular officers to assess potential visa fraud and can significantly impact your case.
What is the 90-Day Rule?
The 90-day rule is a U.S. Department of State policy that creates a presumption of “preconceived intent.” This means if a person enters the U.S. on a temporary, nonimmigrant visa (like a tourist visa) and then marries a U.S. citizen and applies for a green card within 90 days, immigration officials may assume they misrepresented their original intentions.
The High Stakes of Preconceived Intent
An accusation of preconceived intent or visa fraud is a serious matter. It suggests you were not truthful on your initial visa application about your reasons for coming to the U.S. This can lead to the denial of your green card application and could even result in a permanent bar from re-entering the country, jeopardizing your future together.
After the 90-Day Window Passes
While waiting more than 90 days to marry and file for adjustment of status weakens the presumption of misrepresentation, it does not eliminate it entirely. USCIS officers can still scrutinize the timeline of your relationship and your actions upon entering the U.S. Honesty and a consistent, well-documented history of your relationship remain your strongest assets throughout the process.
Why Professional Legal Guidance is Essential
The 90-day rule is a guideline, not a concrete law, and its application can be subjective. An experienced immigration attorney can help you understand the nuances and prepare a strong case that accurately reflects your genuine intentions. They ensure your application is properly filed, helping you avoid common pitfalls and navigate the complexities with confidence and clarity.
At Ray Law International, we understand the stakes are incredibly high when it comes to your family’s future. We are here to provide the expert guidance you need to navigate the spouse immigration process correctly. Contact us to ensure your journey starts on a solid foundation and moves toward a successful outcome.
