What is the 90 day rule for marriage?

The 90-Day Rule: Navigating Marriage and Immigration with Caution

Love knows no bounds, but immigration law certainly does. For couples navigating the complex world of marriage-based green cards, the first 90 days after a foreign national’s arrival in the U.S. can be particularly fraught. This period, often referred to as the “90-day rule,” represents a critical juncture where suspicions of marriage fraud run high.

The underlying concern stems from the potential abuse of the system. Immigration authorities are acutely aware that marriage to a U.S. citizen or resident provides a direct pathway to permanent residency. When a couple marries within three months of the foreign national’s entry, it can raise red flags, prompting authorities to investigate whether the marriage is legitimate or simply a facade for obtaining immigration benefits.

This scrutiny is not meant to discourage genuine couples but to ensure the integrity of the immigration process. However, it does mean that couples who marry within this 90-day window face a higher burden of proof.

What does heightened scrutiny look like?

• More in-depth interviews: Immigration officers will conduct extensive interviews with both spouses, separately and together, probing the history of their relationship, living arrangements, finances, and future plans.
• Requests for additional evidence: Be prepared to provide a significant amount of documentation beyond the standard requirements, including joint bank accounts, shared leases or property deeds, photos and travel itineraries demonstrating a shared life before marriage, and affidavits from friends and family corroborating the relationship’s authenticity.
• Home visits: In some cases, immigration officers may conduct unannounced visits to the couple’s home to verify cohabitation and assess the legitimacy of their living situation.

Navigating the 90-Day Rule

While the 90-day rule presents a hurdle, it is not insurmountable. Honesty, transparency, and meticulous documentation are key:

• Be upfront and honest: Don’t attempt to hide the timeline of your relationship. Openly address the 90-day timeframe with immigration authorities and be prepared to provide detailed and consistent explanations for your decisions.
• Document everything: From the very beginning of your relationship, document everything – photos, messages, travel itineraries, and anything that demonstrates the genuine nature of your connection.
• Seek legal counsel: Navigating the complexities of immigration law is challenging. Consult with an experienced immigration attorney who can guide you through the process, prepare you for interviews, and ensure your application is comprehensive and compelling.

The 90-day rule should not be a deterrent to love and marriage. However, it underscores the importance of approaching the immigration process with careful planning, thorough preparation, and a commitment to demonstrating the authenticity of your relationship.