30/60/90 day rule scenario

[isuckatspeling 0]

Ive heard from several sources about the 30/60/90 day rule regarding marrying someone while on a travel visa. But, I have a question regarding this.

SCENARIO:
Canadian is visiting in the United states for 2 months ( 60 days ) and has to fly back to Canada for a couple weeks to attend to family business. She then flies back the United states, after only being gone for 2 weeks.

In regards to the 30/60/90 day rule, does the scenario play out like.. 
A) When she reenters the united states the second time, her 30/60/90 day ticker restarts, and she now has to wait another 60 days to avoid suspicion of a faulty marriage.
B) The previous two months are still reasonably in effect, since the 2 weeks spent back in Canada wasn't an extended amount of time to break the 30/60/90 day rule.

I know this reads as a test question. But maybe someone has insight?

[Suss&Camm 2,213]

There is no 30/60/90 rule. It's an urban myth. You have to prove a legitimate marriage like everyone else. Intent, as far as attempted visa fraud goes (intent to stay and AOS) , is determined at POE. If you have been let in, they found no intent.

Edited September 12, 2017 by Suss&Camm

[isuckatspeling 0]

@Suss&Camm Ok, Ive heard both sides, that its a myth, and that its used as a rule of thumb.

So, with what youre saying, a visitor to the US who marries a US citizen and files for AOJ within 3 weeks, will go through the same process and have the same burden of proof requirements as someone who visited the US and married and filed for AOJ after 3 months?

 

[EandH0904 1,184]

5 minutes ago, isuckatspeling said:

@Suss&Camm Ok, Ive heard both sides, that its a myth, and that its used as a rule of thumb.

So, with what youre saying, a visitor to the US who marries a US citizen and files for AOJ within 3 weeks, will go through the same process and have the same burden of proof requirements as someone who visited the US and married and filed for AOJ after 3 months?

 

If you're entering the US to get married and stay here you should be entering on a k1 visa, NOT a visitors visa. That's immigration fraud and is what makes it difficult for real visitors and those of us who spend the time and money doing it the legal way. 

 

No one here will help you commit fraud. Visitors visas are for visiting. If you get married then go home and file cr1 visa, no problem. But staying is fraud and if discovered I'd think you could get a ban on re-entry. Why attempt to do something illegal? Just because you may not get caught? You dont attempt to rob a bank, which has time and financial consequences, do you? 

Edited September 12, 2017 by EandH0904

[Unlockable 7,314]

4 minutes ago, isuckatspeling said:

@Suss&Camm Ok, Ive heard both sides, that its a myth, and that its used as a rule of thumb.

So, with what youre saying, a visitor to the US who marries a US citizen and files for AOJ within 3 weeks, will go through the same process and have the same burden of proof requirements as someone who visited the US and married and filed for AOJ after 3 months?

 

Here is something you can do to squash the myth of the 30/60/90 day rule. Do a search on this forum (one of the largest immigration forums, btw) and search for cases where people have entered the US and married within a few weeks of arriving. It happens all the time. You can find many people here who have done it.

 

No 30/60/90 day rule.

 

Now if the Canadian PLANS to use the visitor visa to enter, marry, and adjust status then that is where the fraud comes in.

Edited September 12, 2017 by NuestraUnion

[isuckatspeling 0]

 

 

@EandH0904I completely agree with you, and I am not asking anyone to help me commit visa fraud, nor am I planning on doing such thing. REMEMBER it is not VISA fraud to marry a US citizen while on a visitor visa, it comes down your intent on which you entered the U.S.  

I appreciate your feedback though

[Suss&Camm 2,213]

5 hours ago, isuckatspeling said:

@Suss&Camm Ok, Ive heard both sides, that its a myth, and that its used as a rule of thumb.

So, with what youre saying, a visitor to the US who marries a US citizen and files for AOJ within 3 weeks, will go through the same process and have the same burden of proof requirements as someone who visited the US and married and filed for AOJ after 3 months?

 

Yes, the same burden of proof. Now that's not the same as you won't get asked questions about it. Everyone gets asked questions that are relating to their circumstances at the interview, and your circumstances would be that you decided rather quickly to get married and stay.

Edited September 12, 2017 by Suss&Camm

[Ryan H 3,812]

***Thread closed to additional discussion under the below quoted provision of the TOS.***

 

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• Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.