Tourist Visa - Adjust Status and 90 day rule - Need help

[Joe30 17]

First off,

 

I apologize behorehand if I misplaced this question in the incorrect forum category. I am a lurker and new to posting but definitely needed the guidance of the people here to make some informed decisions. 
 

To make is simple:

- US Citizen gets married to B1/B2 visa holder prior to 90 days of entry (unknowing of this "rule")

 

I read up a lot on the 90 day rule and how it is not a policy or regulation but rather a tool to analyze the whole package. Obviously the marriage and relationship is in good faith and the burden of proof rests on applicant. 
 

Things have changed since entry, B1B2 wants to stay and now Citzen wants to apply for AoS.

 

- Is there a reason to be concerned?

- If so, what can be done? 
- Should the process be completed with the guidance of an immigration attorney? 

[African Zealot 1,455]

There is no 90 day rule. This issue has been covered ad nauseam here to the point I am unbothered to provide links. You should proceed with your plans.

[Joe30 17]

That is fair. I understand it’s been covered but just need some re-assurance. Links say its a DOS thing, not USCIS. Has anyone first hand experienced this or knows someone who has been through it? Sorry if this is something that has been asked. 

[Dashinka 24,480]

I agree, there is no 90 day rule.  There are a great many couples that have adjusted from a B2 visa.  Check out this forum for re-assurance.  To answer your specific questions in your OP:  I would not be concerned over the marriage taking place relatively soon after the B2 arrival; as to what can be done if questioned about it, not much really other than to show you have a bonafide marriage; unless your case has other issues such as criminal background, past overstays (not including the current one), etc., most people can complete an AOS on their own.

 

https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

 

 

[Joe30 17]

First off,

 

I apologize behorehand if I misplaced this question in the incorrect forum category. I am a lurker and new to posting but definitely needed the guidance of the people here to make some informed decisions. 
 

To make is simple:

- US Citizen gets married to B1/B2 visa holder prior to 90 days of entry (unknowing of this "rule")

 

I read up a lot on the 90 day rule and how it is not a policy or regulation but rather a tool to analyze the whole package. Obviously the marriage and relationship is in good faith and the burden of proof rests on applicant. 
 

Things have changed since entry, B1B2 wants to stay and now Citzen wants to apply for AoS.

 

- Is there a reason to be concerned?

- If so, what can be done? 
- Should the process be completed with the guidance of an immigration attorney? 

[arken 4,197]

No concern as long as the marital relationship is bonafide and you have evidences of that. File i130 and AOS package along with EAD AP. 90 day is a myth. One could be denied even if they file the petition after 90 days or one could be approved even if they file the petition in 60 days.

[payxibka 10,045]

1 hour ago, Joe30 said:

 

First off,

 

I apologize behorehand if I misplaced this question in the incorrect forum category. I am a lurker and new to posting but definitely needed the guidance of the people here to make some informed decisions. 
 

To make is simple:

- US Citizen gets married to B1/B2 visa holder prior to 90 days of entry (unknowing of this "rule")

 

I read up a lot on the 90 day rule and how it is not a policy or regulation but rather a tool to analyze the whole package. Obviously the marriage and relationship is in good faith and the burden of proof rests on applicant. 
 

Things have changed since entry, B1B2 wants to stay and now Citzen wants to apply for AoS.

 

- Is there a reason to be concerned?

- If so, what can be done? 
- Should the process be completed with the guidance of an immigration attorney? 

The burden of proof regarding intent to marry upon entry,  does not rest on the applicant 

[Joe30 17]

@payxibka

meaning, no intent of marriage needed? 

[Ban Hammer 13,327]

duplicate topics merged

[payxibka 10,045]

1 hour ago, Joe30 said:

@payxibka

meaning, no intent of marriage needed? 

Do you understand the underlying reason for this mythical 90 day rule?

[Joe30 17]

@payxibka

 

I do. Intention is what matters. But I just want to be on the safe side. Everything checks out on my end but since I've never been through this process... it's nice to get an idea of what to expect. 
 

[Crazy Cat 41,811]

****I moved this topic to Adjustment of Status from Work, Student, and Tourist Visas seems to be what the OP is referring to******

 

There is no 90 day rule for USCIS.  There is no reason for concern since intent has already been established when entering the US.  The subject never even comes up in Adjust of Status interviews.   Many, many members have married and adjusted status after their situations changed.  

[JeanneAdil 6,489]

OP is stating the B1 / B2 holder thinks to marry before POE

 

To enter the U.S. as a visitor, you must prove to a Customs and Border Protection (CBP) officer at the port of entry that that you (a) are not an intending immigrant, (b) have an unabandoned foreign residence, and (c) are coming to the U.S. temporarily.^[1] 

[Joe30 17]

@JeanneAdil

 

b1b2 is already in USA

[JeanneAdil 6,489]

13 minutes ago, Joe30 said:

@JeanneAdil

 

b1b2 is already in USA

then you are lucky the officer didn't catch you were married before POE and intended to stay