30-60-90 days rule - Good or bad idea?

[sissi007 0]

Hello,

I've been reading the posts on this website for some weeks now and most of the information are very helpful! I'm new on this site and I hope I can find some answers to my questions.

I'd like to have more information about the 30-60-90 days rule. Did anyone have experience with that? I red it's possible to get married in the USA after 90 days after the entry in the country, only if the wedding wasn't planned.

Does anyone have info about that?

[JohnR! 5,495]

There is no such rule. Anyone coming in with a tourist visa with the intention to get married and AOS is committing immigration fraud, no matter if they wait 30, 60, 90 or 900 days.

The K-1 visa exists to prevent that.

However, there is nothing wrong in getting married, so long as the foreigner returns to the home country and does the CR/IR process, at the end of which one can return to the US with a greencard on hand.

Edited October 4, 2013 by Gegel

[davejoe 0]

Yes, its possible if the marriage wasn't planned and you had no intent to do such before arriving here. Go for it, the process is smoothly easy and takes around 4-6 months depending on your state. Good Luck

There is no 30-60-90 days thing - one of my friend applied for adjustment when he was only here 30 days. He wasn't even asked that question, the immigration officer only asked him about his marriage and that's it.

[chrisclassic 14]

yes my friend has just done it with his now wife

they wanted to get things done the quickest way so he jumped over on the vwp got married it was planned vegas wedding her mother brothers and there kids were all there

they done it after 60 days they have files for adjustment of status things look like its going smoothly for them

myself personally did not want to go that route instead follow the k1 as immigration fraud is something id never do

but he said he was there for 60 days and was coming back after visiting his partner was even asked if he was going to get married he said no

yes i think its wrong but people people do it all the time

you seem to get more respect doing things the right way

i still might be denied my k1 and have to do a waiver yet there is a chance

but i did not want immigration fraud against me whilst already being married with the chance of deportation

please dont go this route

[sissi007 0]

Thanks for your inputs! I wouldn't do anything illegal as the risks are too high! I was just wondering what was this 30-60-90 days rule because I red a lot about it and was wondering if people really do it...

So how about the Fiancé Visa? I was also reading about it ans was told it would take 6-9 months to receive it if everything is ok. IS that correct?

I have a few questions because everything is confusing at the beginning, so sorry if you read the same questions over and over again :

- How do you start the K1 visa process? By sending the I-129F form right? Which other documents need to be sent with this form? The documents have to be sent to Dallas, TX right?

- The I-134 Affidavit of support also needs to be sent with the I-129F Form?

- I have 2 different passport. One with a tourist visa for the USA (still valid 10 years I think) in it because last years I was travelling in the US and an other one without any visas. Which one do I need to use for the Fiancé Visa request?

- During the visa process, I think I would still be able to go to the USA visit my fiancé right? What do you say at the immigration when you arrive at the airport? Do you mention the Fiancé Visa in process or you don't say anything? I assume they see that you have such a visa in process right? What is the right thing to tell them in order to enter the country without them thinking that you are going to stay there?

Thank you for your answers, advices, etc.... Everything is greatly appreciated!

There is no such rule. Anyone coming in with a tourist visa with the intention to get married and AOS is committing immigration fraud, no matter if they wait 30, 60, 90 or 900 days.

The K-1 visa exists to prevent that.

However, there is nothing wrong in getting married, so long as the foreigner returns to the home country and does the CR/IR process, at the end of which one can return to the US with a greencard on hand.

Do you know how long I would have to stay in my country waiting for the greencard to got back to the USA?

[JohnR! 5,495]

Thanks for your inputs! I wouldn't do anything illegal as the risks are too high! I was just wondering what was this 30-60-90 days rule because I red a lot about it and was wondering if people really do it...

So how about the Fiancé Visa? I was also reading about it ans was told it would take 6-9 months to receive it if everything is ok. IS that correct?

I have a few questions because everything is confusing at the beginning, so sorry if you read the same questions over and over again :

- How do you start the K1 visa process? By sending the I-129F form right? Which other documents need to be sent with this form? The documents have to be sent to Dallas, TX right?

- The I-134 Affidavit of support also needs to be sent with the I-129F Form?

- I have 2 different passport. One with a tourist visa for the USA (still valid 10 years I think) in it because last years I was travelling in the US and an other one without any visas. Which one do I need to use for the Fiancé Visa request?

- During the visa process, I think I would still be able to go to the USA visit my fiancé right? What do you say at the immigration when you arrive at the airport? Do you mention the Fiancé Visa in process or you don't say anything? I assume they see that you have such a visa in process right? What is the right thing to tell them in order to enter the country without them thinking that you are going to stay there?

Thank you for your answers, advices, etc.... Everything is greatly appreciated!

Do you know how long I would have to stay in my country waiting for the greencard to got back to the USA?

I commend you on your interest in doing things the right way. There are many stories of success of many who managed to defraud the USCIS but there are also some horror stories of deportation, delays and endless interviews. To each his own, but I can't figure why some choose to come in through the back door when they could just as well arrive here, come in through the front door in a respectful and dignified manner. I have more respect for those who enter the country undocumented by want of better means than those who choose to commit fraud when possessing every valid reason to get in with a visa.

Here is a link to the USCIS where you can get the details about the K-1 fiance/ee visa and download the forms for free: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD

And the sample forms: http://www.visajourney.com/content/examples

You start the K-1 by having the US citizen file a I-129F and send in the required documentation - take a look at the links for the updated info.

For the K-1 visa you can use either of your passports, so long as they are valid. It makes no difference. You can visit the US while your case is being processed. There will be a record of your case with the USCIS and the CBP officer may ask you about it. The best strategy is honesty - declare the motive for your trip truthfully and if the questioning gets rough you can always remind the officer that you do have a fiance visa process underway, and it would be unnecessary and illegal for you to enter the US to circumvent that. It will show the office that you understand how the law works. I have a friend who was questioned upon entering the country to visit her fiancee while her K-1 was underway and she did just that. She even offered to sign an affidavit right there and then stating she had no plans to stay. She got her 90-days allowed by the VWP. Remember it is always all about your attitude.

Good luck!

[sissi007 0]

I commend you on your interest in doing things the right way. There are many stories of success of many who managed to defraud the USCIS but there are also some horror stories of deportation, delays and endless interviews. To each his own, but I can't figure why some choose to come in through the back door when they could just as well arrive here, come in through the front door in a respectful and dignified manner. I have more respect for those who enter the country undocumented by want of better means than those who choose to commit fraud when possessing every valid reason to get in with a visa.

Here is a link to the USCIS where you can get the details about the K-1 fiance/ee visa and download the forms for free: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD

And the sample forms: http://www.visajourney.com/content/examples

You start the K-1 by having the US citizen file a I-129F and send in the required documentation - take a look at the links for the updated info.

For the K-1 visa you can use either of your passports, so long as they are valid. It makes no difference. You can visit the US while your case is being processed. There will be a record of your case with the USCIS and the CBP officer may ask you about it. The best strategy is honesty - declare the motive for your trip truthfully and if the questioning gets rough you can always remind the officer that you do have a fiance visa process underway, and it would be unnecessary and illegal for you to enter the US to circumvent that. It will show the office that you understand how the law works. I have a friend who was questioned upon entering the country to visit her fiancee while her K-1 was underway and she did just that. She even offered to sign an affidavit right there and then stating she had no plans to stay. She got her 90-days allowed by the VWP. Remember it is always all about your attitude.

Good luck!

Thank you very much for all of these useful information!

Have a good day