What is the 90 day rule for a B2 Visa?

The 90-Day Rule and the B-2 Visa: Navigating the Nuances of Intent

The B-2 visa is a popular choice for tourists, those visiting family, or seeking medical treatment in the United States. It’s designed to facilitate short-term visits, built upon the understanding that the visitor will return to their home country after their authorized stay. However, this temporary nature is critical, and it’s here that the “90-day rule” comes into play, particularly when marriage is involved. Understanding this rule is crucial to avoid potential immigration complications.

The 90-day rule isn’t a law explicitly written in U.S. immigration statutes. Instead, it’s a guideline used by U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) to assess whether a visa holder misrepresented their true intentions upon entering the country. It’s a tool for determining if someone entered the U.S. with a preconceived plan to circumvent the usual immigration processes, rather than simply deciding to change their plans after arrival.

The Core Principle: Misrepresentation and Intent

The foundation of a successful B-2 visa application is honesty. Applicants must truthfully state the purpose of their visit and demonstrate their intent to return home. If an individual enters the U.S. on a B-2 visa with the secret intention of marrying a U.S. citizen or resident and seeking permanent residency (a green card), they are misrepresenting their intentions to immigration officials.

This is where the 90-day rule becomes significant. If someone marries within 90 days of entering the U.S. on a B-2 visa, immigration officials may presume they misrepresented their intentions at the time of entry. This presumption stems from the idea that planning a wedding and making the decision to stay permanently usually requires more than a few weeks of deliberation.

What Happens if You Marry Within 90 Days?

A marriage within 90 days isn’t automatically a violation, but it raises a red flag. USCIS will likely scrutinize the case more carefully. They will look for evidence to support the claim that the decision to marry and remain in the U.S. was made after the individual arrived. This evidence could include:

• Proof of previous plans to return home: This could be return flight tickets, property leases in the home country, or letters of employment confirming a return date.
• Documentation of how the relationship developed: Evidence showing the relationship evolved organically after arrival is crucial.
• Affidavits from friends and family: Statements from individuals who can attest to the genuine nature of the relationship and the timing of the decision to marry.

Essentially, the burden of proof falls on the individual to demonstrate that their intentions changed after entering the U.S.

Consequences of Misrepresentation

If USCIS concludes that the individual misrepresented their intentions, several negative consequences can arise:

• Denial of Adjustment of Status: The application to adjust status to permanent resident (green card) may be denied.
• Deportation: The individual could be placed in deportation proceedings.
• Future Visa Applications Affected: A finding of misrepresentation can negatively impact future visa applications to the U.S.

Beyond Marriage: Other Actions Within 90 Days

While the 90-day rule is most often discussed in the context of marriage, it can apply to other actions taken shortly after arrival on a visitor visa. These might include enrolling in a full-time academic program or accepting unauthorized employment. The underlying principle remains the same: did the visitor enter the U.S. with the intent to engage in an activity inconsistent with the terms of their visa?

Key Takeaways:

• Honesty is paramount: Always be truthful about your intentions when applying for a visa.
• The 90-day rule is a guideline, not a hard-and-fast law.
• Marriage within 90 days raises suspicion, but it’s not automatically a violation.
• Be prepared to provide evidence if you marry within 90 days to demonstrate your intentions changed after arrival.
• Consult with an immigration attorney: If you are considering marrying a U.S. citizen or resident while on a B-2 visa, seeking legal advice is highly recommended. An attorney can help you understand your options and navigate the complexities of immigration law.

Navigating U.S. immigration law can be complex and confusing. Understanding the nuances of the 90-day rule and the importance of honest representation is crucial for anyone entering the United States on a B-2 visa. By understanding these guidelines and seeking professional advice when needed, you can avoid potential pitfalls and ensure a smoother immigration process.