30/60/90

[tds0317 2]

I've seen a bunch of posts about this 30/60/90 day "rule". Some say it isn't real, and other things I read say it is. Has anyone had any experience with this? My spouse arrived on 9/8. We spoke with a lawyer who felt it was safe to wait approximately 75 days. We are getting married 11/19. If anyone has gone through this, would be great to hear about it.

Thanks in advance!

[JFH 12,189]

You can get married whenever you want (allowing for the required waiting period, should you be in a state that has one). What are you waiting for?

What was her intention when she arrived?

[tds0317 2]

Technically we thought of getting married. Weren't sure of an exact date. But set a date about 2 weeks after they arrived.

[LionessDeon 2,060]

Never heard of any 30/60/90 rule. Her visa shows the 90 day date you must grt married by. My then fiance arrived in the USA on 7/12/16. At POE they wrote 10/09/16 on his visa. We married 09/17/16 because we quickly planned a wedding in that time.

Wait, if shes your spouse already why do you need to marry?

Edited November 7, 2016 by LionessDeon

[Unlockable 7,314]

Ugh... these lawyers and their theories. You can get married the following day your fiance arrives if you wanted to.

The 30/60/90 is a myth by those thinking it will help. There is no legitimacy to it.

[tds0317 2]

Thanks for the info

[DrEllaNJ 288]

This is probably the advice OP/his lawyer is relying on:

http://www.visapro.com/green-card-family/getting-married-on-a-tourist-visa.asp

USCIS knows it generally takes a while to plan a wedding, so yeah, if you get married too soon after entry, there's definitely an assumption you were already planning on getting married. Did s/he have a return ticket? What did s/he state as her goal for this visit when asked at POE (point of entry)?

[SunflowerSweet 1,321]

Never heard of any 30/60/90 rule. Her visa shows the 90 day date you must grt married by. My then fiance arrived in the USA on 7/12/16. At POE they wrote 10/09/16 on his visa. We married 09/17/16 because we quickly planned a wedding in that time.

Wait, if shes your spouse already why do you need to marry?

You've never heard of the 30/60/90 day rule? I find that hard to believe. It's all over vj, nooo has stuff about it, as do many other similar immigration related forums. We even talked about it in one of my Immigration Law classes.

I'm honestly torn on whether it's a myth or not. I mean the US DOS's Foreign Affairs Manual clearly proves the existence of a "30/60 rule", but it's clearly not always employed since people have successfully adjusted after getting married with in the first 30 days on B visas.

https://fam.state.gov/searchapps/viewer?format=html&query=30/60&links=30,60&url=/FAM/09FAM/09FAM030209.html#M302_9_4_B_3

So it's not just a theory lawyers made up as some claim, but it's also not a hard and fast rule that will automatically disqualify your from adjusting.

[tds0317 2]

Future spouse I should say lol.

They did have a return ticket but did not use it. When they came, they just said to visit friends and family.

[EM_Vandaveer 2,387]

30/60/90 is non-existent. I got married 11 days after entry on VWP. Never caused any problems.

[SunflowerSweet 1,321]

30/60/90 is non-existent. I got married 11 days after entry on VWP. Never caused any problems.

I guess I don't understand how you can say something that is clearly posted in a handbook mandated by the U.S. government is non-existent.

I 100% admit it is not something that is employed the way it is worded, but that doesn't mean that those words don't exist.

[Hypnos 6,576]

The words exist and the rule is real, but DoS policies aren't binding on USCIS. That's why it really makes no difference whatsoever to people who come and adjust.

Edited November 7, 2016 by Hypnos

[Boiler 44,723]

That is the biggie. not a DoS issue.

[tds0317 2]

This wasn't through a fiancé visa. That is why I'm a bit concerned regarding "intent".

[IowacityGuy 152]

He talking about b1/b2 visa.. anyone Enters US on tourist visa and try to adjust status has to go through to this rule.. what i have hears 60-90 days are safe to marry.. don't get marry right away because that will be considered fraud..