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

[Loren Y 2,755]

I have personally married someone who arrived on a tourist visa less than 12 hours after POE, and had no issues. She flew into Las Vegas,NV, and met her " Boyfriend". 15 minutes later they decided to get married, and an hour later got a marriage license, then 3 hours later got married. They arrived on a tourist visa and was married not even 12 hours after getting off the plane. There is no 90 day rule. Intent is determined at the POE, not 30, 60, or 90 days later.

Edited May 12, 2021 by Loren Y

[payxibka 10,045]

27 minutes ago, JeanneAdil said:

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

The act of marriage is NOT the issue.  OP said the decision to remain was made AFTER entry.

[Joe30 17]

@Jeanne Adil

 

us citizen and b1b2 were not married before poe

[Boiler 45,445]

The only people who seem to be bothered about adjusting from a tourist status are here on VJ.

[JeanneAdil 6,489]

34 minutes ago, Joe30 said:

@Jeanne Adil

 

us citizen and b1b2 were not married before poe

then why did  you post the following:

 US Citizen gets married to B1/B2 visa holder prior to 90 days of entry

[mushroomspore 3,044]

29 minutes ago, JeanneAdil said:

then why did  you post the following:

 US Citizen gets married to B1/B2 visa holder prior to 90 days of entry

That doesn't say anything about them having the preconceived intent to enter on B1/B2 and then marry after POE. They're saying that B1/B2 holder entered and then got married to the US citizen and that their marriage happened less 90 days of being inside the US. It does not say, "90 days BEFORE entry"; it says "90 days OF entry".

 

@Joe30 I adjusted from B2 status after my marriage in 2017. No issues. I'm applying for citizenship in 2 months. The 30/60/90 "rule" is not binding to USCIS and it says so in their policy manual. It's more for DHS and issuing visas from other consulates/embassies. USCIS takes care of immigrants inside the US; DHS takes care of immigrants outside the US. For whatever reason, people like to say adjusting from B2 is "wrong", but it is completely legal. At the AOS interview, it is extremely unlikely that they will ask, "So did you plan on marrying before you entered the US or after?". They are only concerned about determining that you are an actual couple, not scammers.

[SalishSea 17,801]

2 hours ago, Loren Y said:

I have personally married someone who arrived on a tourist visa less than 12 hours after POE, and had no issues. She flew into Las Vegas,NV, and met her " Boyfriend". 15 minutes later they decided to get married, and an hour later got a marriage license, then 3 hours later got married. They arrived on a tourist visa and was married not even 12 hours after getting off the plane. There is no 90 day rule. Intent is determined at the POE, not 30, 60, or 90 days later.

12 hours after POE.....?   CBP were asleep that day.

[Mike E 11,739]

3 hours ago, Loren Y said:

I have personally married someone who arrived on a tourist visa less than 12 hours after POE, and had no issues. She flew into Las Vegas,NV, and met her " Boyfriend". 15 minutes later they decided to get married, and an hour later got a marriage license, then 3 hours later got married. They arrived on a tourist visa and was married not even 12 hours after getting off the plane. There is no 90 day rule. Intent is determined at the POE, not 30, 60, or 90 days later.

There should a VJ hall of fame and this post should be entered into it.  

[Mike E 11,739]

1 hour ago, mushroomspore said:

That doesn't say anything about them having the preconceived intent to enter on B1/B2 and then marry after POE. They're saying that B1/B2 holder entered and then got married to the US citizen and that their marriage happened less 90 days of being inside the US. It does not say, "90 days BEFORE entry"; it says "90 days OF entry".

 

@Joe30 I adjusted from B2 status after my marriage in 2017. No issues. I'm applying for citizenship in 2 months. The 30/60/90 "rule" is not binding to USCIS and it says so in their policy manual. It's more for DHS and issuing visas from other consulates/embassies. USCIS takes care of immigrants inside the US; DHS takes care of immigrants outside the US. For whatever reason, people like to say adjusting from B2 is "wrong", but it is completely legal. At the AOS interview, it is extremely unlikely that they will ask, "So did you plan on marrying before you entered the US or after?". They are only concerned about determining that you are an actual couple, not scammers.

I think you meant DoS and not DHS.  DHS most definitely takes care of matters within the USA.  
 

Otherwise I agree.  

[mushroomspore 3,044]

4 minutes ago, Mike E said:

I think you meant DoS and not DHS.  DHS most definitely takes care of matters within the USA.  
 

Otherwise I agree.  

Oh my bad, you are correct.

[Crazy Cat 41,811]

4 hours ago, Loren Y said:

Intent is determined at the POE, not 30, 60, or 90 days later.

Why do some people continue to believe that 90 days makes a difference?  If a person's intent was to commit visa fraud when he/she entered the US, why would 90 days make any difference?  Visa fraud is visa fraud.....whether it occurred 90 days ago or yesterday. It can cause revocation of benefits at any time in the future.

Edited May 12, 2021 by Lucky Cat

[payxibka 10,045]

30 minutes ago, Lucky Cat said:

Why do some people continue to believe that 90 days makes a difference?

Because YouTube videos never die

[Allaboutwaiting 2,503]

32 minutes ago, Lucky Cat said:

Why do some people continue to believe that 90 days makes a difference? 

 

1 minute ago, payxibka said:

Because YouTube videos never die

Innumerable "immigration lawyers" mention it on their websites or when answering inquiries on those Q&A platforms. 

[Boiler 45,445]

Entering the US without the intent to marry and without the intent to then continue to reside in the US by applying for AOS is completely legal

[From_CAN_2_US 1,106]

9 minutes ago, Boiler said:

Entering the US without the intent to marry and without the intent to then continue to reside in the US by applying for AOS is completely legal

Thanks! That clarifies a lot.

Edited May 13, 2021 by From_CAN_2_US