whats up with this uscis 90 day rule thing for adjustment of status on tourist visas

[trustyflower 0]

so sites online talking about getting married and adjusting your status say they use a 90 day rule, that if you apply for the adjust thing bfore 90 days your sus. but like, what. you can only stay for 90 days, are they saying you should overstay your visa and then apply for the adjustment of status or something. does anyone know?

[Crazy Cat 41,836]

***Moved to Adjustment of Status from Work, Student, & Tourist Visas***

 

There is no 90 day rule.   There is no reason to wait 90 days if there was no misrepresentation.  A person cannot enter the US as a visitor with the intent to stay and adjust status.  Once a person submits a proper I-485 package, he/she will be granted authorized stay in the US until the I-485 is approved or denied.  

Edited November 10, 2023 by Crazy Cat

[powerpuff 6,697]

90 day rule is not a USCIS thing but a DOS thing and it’s completely unrelated. Assuming there was no intent to adjust prior to entry, you can apply at any time.

[Bob in Boston 701]

There isnt one

[Boiler 45,468]

I have seen it mentioned, even by Lawyers, when pushed to substantiate it exists they cannot.

 

Think of it as a feeling. Find a situation where it has been an issue. Well in the last 10 years, thing were different if you go back awhile.