New Department of State 90-day Rule Regarding Misrepresentation Based on Conduct in U.S.: Is Adjustment of Status or Change of Status Now a Death Trap?

[AshMarty 360]

A recent article from the National Law Review. It explains the potential ruling from an experienced immigration lawyer.  

 

https://www.natlawreview.com/article/new-guidance-imposes-finding-misrepresentation-conduct-inconsistent-visa-within-90

 

Also the original government link looks like it was updated this past week.

Edited September 29, 2017 by AshMarty

[Bilazafar2002 10]

What would be the fate of applications already in process? Would this affect applications in future or the ones already in processing?

[Delirium 114]

So to be clear, you would not be allowed to apply for an AOS if you were to marry a USC on anything but a K1 visa? 

[AshMarty 360]

50 minutes ago, Delirium said:

So to be clear, you would not be allowed to apply for an AOS if you were to marry a USC on anything but a K1 visa? 

A K1 is for when your fiance lives abroad and you plan to marry. 

 

There is a k3 or what used to be something called a K3 but now I am not sure how that will apply with these new rules. Good question. 

Edited September 30, 2017 by AshMarty

[Bilazafar2002 10]

So they just stretched the 30/60 rule to 90 days now. Married within 90 days would be considered to having pre-intent and the applicant would have to prove otherwise. 

[Dianalorena 1,153]

Although I'm sure some people do honestly travel to the U.S and ''out of the blue'' decide to marry someone, more often than not they enter with the intention to marry and stay, most times advised to do so by lawyers. When I first met my now husband I was told by a lawyer the only way to stay was to marry and AOS, but our relationship wasn't at that level yet - I was not going to rush a marriage just to stay.  Being away from family is rough, but that's the way the system is set and what we have to go through. When you have people conveniently staying and adjusting while we have to spend 14-16 months away, is a hard pill to swallow. 

But by the sound of it, they will now just have to wait over 90 days. 

 

If, for example, a foreign national enters the country on a visitor visa and then gets married to a U.S. citizen within 90 days of entry, this will trigger the presumption that he or she made a willful misrepresentation upon entry about his or her intent to reside permanently in the country. In addition, even if the foreign national gets married after 90 days, if the consular officer considers that the facts suggest that a misrepresentation may still have been made, instead of providing the foreign national an opportunity to rebut this conclusion, the new guidance requires that a request for an official DOS advisory opinion be made 

 

Would people continue to risk it after this point? I think they will.