we talked to a lawyer and she told us It was better to start the petition here in the US (we didn´t wanted to be apart), we engaged in December 2019 but we didn't got married (in the us) due to covid and because we lived in México. We decided to move to the US once the pandemic calmed a bit, so we came in July 2021, got married and started the process all at once

We arrived July 20th, we got married July 30th we applied in September, used august for filling all the documents, But we do this because of Covid, the plan was not to rush but everything changed you know? I mean, I will explain this in the IV

Actually, I don't think it's going to be a problem. My friend from work. arrived in US in August 2015 and his marriage October 2015. Was approved on the spot without being questioned.

I was so scared to read that 90-day thing because all our papers are in rule, we love each other and we don´t want any trouble, thanks for the information... I´ll update my case hopefully soon

I’ve read about it but same boat as you as we decided to file while I was on a visitor’s visa, before the 90 days, got the interview today, it didn’t come up. I’ve read a lot of warnings but I haven’t read about a single case where that was an issue.

Thanks for the acknowledgment Nina!!! we have everything to prove we are on a bona fide marriage so...<3 May everything flow fine...

@nina n did you extend your passport permit to stay???? because my permit will end on January 19th afterwards I´ll be "illegally" here so I want to know how to change that

@Maria I would be cautious and prepared for anything. It doesn't matter who is saying they did the same thing and it worked out fine. The 90 day rule is so basic and something that no good lawyer should encourage their clients to break as it brings potentially life destroying and frankly unnecessary problems for them in the future. Be prepared to give good answers. If you told your interviewing officer at your B1/B2 visa interview or cbp officer that you were coming to get married, then you should be fine. Otherwise, whoever is interviewing you can raise serious concerns using the 90 day rule.

but i got my b1/b2 several years ago.... not recently, my wife lived in Mexico with me (she is us citizen) when we decided to move to the US I entered with tourist visa (that I already had) and then got married and started the process in the US because we didn´t wanted to be apart from each other

i got my b1/b2 before even meeting my wife lol

So what did you tell the cbp officer was your purpose for visiting the US?

the permission to stay is valid for 6 months (with Mexican passport since entrance to US) my tourist visa is valid for 10 years....

My sister in law was comming from germany, my father/mother in law live here, so we where all together for our small wedding and vacation, but we knew we where getting married and start the process here.

The problem is when you entered US if you told the cbp officer that you're coming for marriage they should deny your entry and ask you to reapply for cr1/ir1 visa instead, or k1 visa if you want to get married in the US, if you told them you're coming as a tourist then you're misinterpreted, that will cause serious problem.

I understand, so do you suggest I get legal counseling for the interview?

Yes

@Josh from August to October is 3 months. That's why he got married and with no problem because he respected the 90 days rules. She got married 1 month only after her coming in the US. @Maria... @A O is correct about what he says. However, it's not impossible but you will have to really prove your intention of not getting marriage for benefits. If you have a strong proof, you will be ok.

They arrived in July, got married 1 week after their arrival, applied less than a month after their marriage... It sounds to me like a rush and go.

Got it, thanks to everyone for your kind responses :)

@Maria... we are not here to scare you but with those people, you have to be very careful and put everything in your side. like I said it's not impossible that the IO will just cover his eyes but also it can raise a flag. UNLESS YOU COME HERE WITH THE K1 VISA, ALWAYS WAIT 3 MONTHS OR MORE AFTER YOU LAND IN THE US IF YOU WANT TO GET MARRIED.

well I´ll let you know guys, I appreciate your opinions & responses, thanks again for the advice, it´s already done as we did it so.... I´ll wait to see what happens! send good vibes :)

@Maria you got this... don't worry.

ok so my husband is from US, I’m from Canada. We had the exact same scenario. I was visiting him and got married 3 days after in the states. On the fourth day we applied for my green card. It was approved in within 4 months? We had an apartment we shared in Canada and joint bank accounts, proof of long term relationship etc He used to fly back and forth almost weekly and only question at interview was ‘how did you meet’. If you are a doctor, it’s a legit relationship they aren’t gonna deny you.

also Maria … say your papers expire as your paperwork is processing you are still considered ‘under status’ because you are awaiting decision. keep in mind you have people who overstayed their visas or entered the country illegally or worked while they couldn’t but then married a citizen and it was forgiven.

@Waiting Patiently... thank you for your experience. It all depends on who you have in front if you.

@Maria; uscis is more interested in whether you have a bonafide marriage. They will only invoke the 90-day rule if you have other red flags, so make sure your case is tight and you submit quality evidence. This is why I don’t recommend the use of lawyers, they clog something that should be an easy process with too many technicalities. I had the same issue, I applied within 60 days of arriving in the US. Never came up during interview, wasn’t asked too many questions, less than 20-minute interview and approved on the spot after a 4-month process, no lawyer.

this rule is in place as a deterrent to weed out false marriages. A tourist visa is much easier to obtain than a k1 for obvious reasons. Now if the person was a retail clerk in Mexico who married their online love of 2 months moments after arriving in the states it’s a much different scenario than a doctor in a long term relationship. This is a major major factor. Most marriage based applicants aren’t qualified in terms of merit so when you get a professional, it’s a very very easy case imo. I’m hoping for an update in this case because I bet the issue won’t even be addressed lol best of luck!

B Akin is 100% bang on

@Waiting Patiently; Was going to say exactly the same about your post. Spot on 👍🏾

The 90 days rule is optional for USCIS and it’s used by Department of State. as long as there was no misinterpretation with the CBP officer, there’s no real issue about said rule. ( for ex saying you were coming to see friends when you intended to see your spouse). the intent is determined at the port of entry.

you’re gonna run in to problems especially being a b1-b2 visa holder the 90 days rule applies specifically for that visa category. you’re gonna have to show a lot of proof that you didn’t commit fraud and your marriage is real and also your relationship history. make sure everything has a time line.

also, you can decide to get married when you land. the point is just to not lie at the port of entry. and the rules that say that overstaying and work without permit are forgiven for USC spouses is not optional for field officers. The 90 days is (again, the memo is for the Department of State so the consular process and in case, getting married in the US on tourist visa or esta is legal).

Exactly, you can decide to get married whenever! and by the way, you can get married in the US and not stay, like many people do destination weddings so not sure about not being allowed in the country if you’re getting married. I got married in the US on a visitor visa and went back to my country. My husband was supposed to move but COVID happened. then I visited him and we decided in the end to apply for AOD while on tourist visa. some people apply after entering illegally and they get their green card. it is all about intent at port of entry but even if immigration suspects something is up, it is very hard to prove somebody’s intent. so really, I wouldn’t worry at all about that if marriage is real. I was told the same things about 90 day rule and that I would be denied and deported etc. I am lucky that it went smoothly so far :) wish you the best and to all people out there on the journey!

I married a month after coming to US.is not a problem if you tell your intention is not the green card just get married for love

@waiting patiently I really appreciate you sharing your experience.... reading experiences is way much easier than just waiting. I appreciate your kindness, I´ll post how my process is going :) :) :)

@B Akin thanks for sharing !!! Yes we have all the evidence, no lawyer, I agree...they make it harder than it is

@Crissy I have plenty of proof and timeline since 2015

@nina n thanks for sharing!!!!!

any update?