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The 90-day rule for marrying a foreigner is a significant aspect of immigration law in many countries, including the United States. This rule pertains to the time frame within which a foreign national who enters the country on a non-immigrant visa, such as a tourist visa, must marry a U.S. citizen or permanent resident to adjust their status and remain in the country legally.
Overview of the 90-Day Rule
The 90-day rule, also known as the “90-day fiance visa,” applies to individuals who enter the United States on a non-immigrant visa, such as a B-2 tourist visa, to marry a U.S. citizen or permanent resident. Under this rule, the foreign national must marry their U.S. partner within 90 days of entering the country to be eligible to apply for adjustment of status to obtain lawful permanent residence, commonly referred to as a green card.
The 90-day period begins on the date of entry into the United States and ends precisely 90 days later. Couples need to be aware of this timeline and plan accordingly to ensure compliance with immigration laws and regulations.
Purpose of the 90-Day Rule
The 90-day rule serves several purposes within the context of immigration law. First and foremost, it is designed to prevent visa fraud and abuse by individuals who enter the United States on non-immigrant visas to circumvent the legal immigration process. By imposing a strict time limit on marriage after entry into the country, immigration authorities aim to ensure that marriages are entered into in good faith and not solely for immigration purposes.
Additionally, the 90-day rule helps to streamline the immigration process for couples who genuinely intend to marry and establish a life together in the United States. By providing a clear timeline for marriage and adjustment of status, the rule allows eligible couples to navigate the immigration process efficiently and obtain lawful permanent residence without undue delay.
Navigating the complexities of the 90-day rule and the immigration process can be challenging for couples. Given the potential consequences of non-compliance, seeking guidance from an immigration lawyer is highly recommended. You can contact one here.
Importance of Seeking Legal Guidance
Navigating the complexities of the 90-day rule and the immigration process can be challenging for couples. Given the potential consequences of non-compliance, seeking guidance from an immigration lawyer is highly recommended. An experienced immigration lawyer can provide valuable assistance and advice on a range of issues related to marriage-based immigration, including:
- Assessing eligibility for adjustment of status under the 90-day rule
- Explaining the requirements and documentation needed to apply for adjustment of status
- Advising on potential pitfalls, complications, and legal considerations
- Guiding marriage preparation, including obtaining marriage licenses and certificates
- Assisting with the preparation and submission of adjustment of status applications
- Representing couples in immigration proceedings or appeals, if necessary
Implications for Couples
The 90-day rule holds significant implications for couples planning to marry a foreign national who is in the United States on a non-immigrant visa. Understanding the rights, obligations, and options under immigration law is crucial for both partners to ensure compliance with the rule and avoid potential legal consequences.
Firstly, it’s important to recognize that the 90-day rule imposes a strict time limit on marriage after the foreign national’s entry into the United States. This means that couples must plan their wedding within this timeframe to remain in compliance with immigration regulations. Failure to marry within the 90-day period can have serious repercussions, including the foreign national falling out of status and becoming subject to deportation or removal proceedings.
Moreover, overstaying the authorized period of stay granted on a non-immigrant visa can lead to severe consequences. It can result in the foreign national accruing unlawful presence, which may render them ineligible for certain immigration benefits in the future and could lead to bars on reentry into the United States. Additionally, overstaying can damage the foreign national’s immigration record and jeopardize their chances of obtaining lawful permanent residence through marriage in the future.
Meeting the 90-day deadline is crucial for couples seeking to adjust the foreign national’s status to lawful permanent residence. Failure to marry within the prescribed time frame could result in the foreign national falling out of status and becoming subject to deportation or removal proceedings. Additionally, overstaying the authorized period of stay could have long-term consequences, including bars to reentry and difficulties obtaining future visas or immigration benefits.
Conclusion
The 90-day rule for marrying a foreigner is an important aspect of immigration law that applies to couples planning to marry in the United States. This rule establishes a strict time frame within which a foreign national must marry their U.S. partner to be eligible for adjustment of status to lawful permanent residence. Understanding the implications of the 90-day rule and seeking guidance from an immigration lawyer can help couples navigate the immigration process successfully and achieve their goals of building a life together in the United States. By complying with immigration laws and regulations, couples can ensure a smooth transition to lawful permanent residence and embark on their journey toward a bright and promising future together.