30/90 days rule for AOS is now the rule

[Jordan8768 107]

16 minutes ago, DrEllaNJ said:

I do wonder if the encounter with the customs officer counts as an interview? Anyways, we'll have to wait and see.

I doubt it because they usually ask 2 or 3 things whereas a tourist visa you require documents proving ties back to your home country as well as an interview, also people on tourist visas have to go through that same encounter on arrival to the US

[geowrian 22,337]

Just to clarify a few things...

1) This does not apply to AOS. This is a DOS rule, not USCIS. It's basically saying you can't say you're coming to the US for one reason, marry within 90 days, and then have the CO not consider if they previously lied about intent.

2) For AOS purposes, intent is still established at POE as an IR of the petitioner. Or more precisely, preconceived intent cannot be the sole factor for a denial of an AOS application in this case. This is not something a simple rule can change due to past rulings of the actual law (not policies).

[injejo14 17]

Hi everyone,

I think I'm reading this right, this rule affects people adjusting status, correct?...Not when you got married under tourist visa but subsequently left the US to pursue consular processing. The key word being, "taking up residency". 

• "Marrying a U.S. citizen or LPR and taking up residence in the U.S., after entering on nonimmigrant B (Visitor) or F (Student) status, or any other status prohibiting immigrant intent": 

Sorry if this seems obvious but i have my interview tomorrow and freaking out a little because the rule also talks about DOS/consular officer...etc

 

Thank you all for your time.

Edited September 20, 2017 by injejo14

[Jordan8768 107]

1 hour ago, injejo14 said:

Hi everyone,

I think I'm reading this right, this rule affects people adjusting status, correct?...Not when you got married under tourist visa but subsequently left the US to pursue consular processing. The key word being, "taking up residency". 

• "Marrying a U.S. citizen or LPR and taking up residence in the U.S., after entering on nonimmigrant B (Visitor) or F (Student) status, or any other status prohibiting immigrant intent": 

Sorry if this seems obvious but i have my interview tomorrow and freaking out a little because the rule also talks about DOS/consular officer...etc

 

Thank you all for your time.

This is purely to do with adjusting status while in the country on either a vistor or student visa 

[injejo14 17]

Just now, Jordan8768 said:

This is purely to do with adjusting status while in the country on either a vistor or student visa 

Thank you...

[Jordan8768 107]

Just now, injejo14 said:

Thank you...

And as a previous poster mentioned, this is a policy change not a change of law so nothing is likely to come of this. The fact of the matter is that if you're a true married couple you have nothing to worry about 

[injejo14 17]

Just now, Jordan8768 said:

And as a previous poster mentioned, this is a policy change not a change of law so nothing is likely to come of this. The fact of the matter is that if you're a true married couple you have nothing to worry about 

Agreed. Thanks again!

[NYCruiser 423]

23 hours ago, DrEllaNJ said:

tbh, that part of the article is a bit confusing to me. I'm assuming the 38 countries meant are the ones that participate in the Visa Waiver Program. However, I'd be curious to see what happens if someone gets married on WVP within 90 days of arrival.

 

Also, the VWP can be used for tourism and short (unpaid) business events, but you can't attend school if you don't have a student visa - so you most definitely need an "explicit educational plan" (with interview) to come to the US even if you come from a country that participates in VWP.

I agree.this could be construed as racist? I agree with the 90 day rule. However, if they marry outside of the 90 days, say 91 days, would they not be out of status (assuming no extension of the Visitor visa while in the USA?). Then the AOS would have to be adjudicated in their country?

[geowrian 22,337]

36 minutes ago, NYCruiser said:

I agree.this could be construed as racist? I agree with the 90 day rule. However, if they marry outside of the 90 days, say 91 days, would they not be out of status (assuming no extension of the Visitor visa while in the USA?). Then the AOS would have to be adjudicated in their country?

AOS is only within the US. Visas are issued abroad.

Overstays as the immediate relative of a USC are ignored for AOS purposes.

 

And I'll repeat this again...this rule is from the Department of State (DOS), which issue visas. It does not apply to USCIS, which handles AOS.

Edited September 20, 2017 by geowrian

[TheSkywalkers 143]

I am glad they're starting to be really strict with this one. It is so unfair for us who followed the rules and chosed to do it the right way, tested our patience until it's time for us to be with our S/Os if there are people who wishes to do everything in a shortcut not minding those who can be affected when they violate immigration policies.

 

bottomline is tourist visas are just for visiting, not settling down and staying here for good.

[Transborderwife 4,666]

3 minutes ago, TheSkywalkers said:

I am glad they're starting to be really strict with this one. It is so unfair for us who followed the rules and chosed to do it the right way, tested our patience until it's time for us to be with our S/Os if there are people who wishes to do everything in a shortcut not minding those who can be affected when they violate immigration policies.

 

bottomline is tourist visas are just for visiting, not settling down and staying here for good.

It would serve you well to read every response.  This really isn't changing anything.

[NikLR 13,227]

There has always been a 30/60/90 day guideline for the USCIS.  However, as always, preconceived intent cannot cause you to be denied your AOS.

 

It can, however, as always, cause you to not gain a visitor, work, or student visa in the first place. 

 

Nothing has changed. 

[Megmar0616 11]

My husband and I got married while I was here on the vwp. This has made me panic now.