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Thinking of marrying after 2 months of entry? Think again


Think of getting married after 2 months of entry? Think again.

Question: I entered a couple of months ago to the U.S. I want to get married and file my adjustment application. Do you see any problems with that?

Answer: Yes, it will be a problem. On September 1, 2017, the Department of State (DOS) updated the Foreign Affairs Manual (FAM) with new guidance on the term “misrepresentation” for purposes of determining inadmissibility under INA §212(a)(6), which provides: Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act, is inadmissible.

Specifically, it has  been substantially revised, the “30/60 Day Rule” has been eliminated, and new sections regarding status violations or “inconsistent conduct” within 90 days of entry, and after 90 days of entry have been added. The changes articulated in the FAM can have potentially significant consequences for individuals who apply for adjustment of status or change of status after entering the United States on a nonimmigrant visa or temporary basis.

Question: What Activities Will Trigger the Application of the 90-Day Rule and How Has This Changed from the 30/60-Day Rule?

Answer: Though the wording is slightly different, the following actions that are sufficient to trigger the application of the rule: • Engaging in unauthorized employment; • Enrolling in a full course of academic study without authorization and/or the appropriate change of status; • A nonimmigrant in a status prohibiting immigrant intent marrying a USC or LPR and taking up residence in the United States. • Undertaking any other activity for which a change of status or an adjustment of status would be required, without changing or adjusting status.

Question: At What Point Does the 90-Day Rule Create a Presumption of Misrepresentation and How Has This Changed from the 30/60 Day Rule?

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