Home » Trump Administration’s New 90 Day Marriage Rule Puts Green Card Applicants At Risk
Love may be in the air, but if you’re an immigrant coming to the U.S. to marry a U.S. citizen or permanent resident you may want to put your plans on hold for a bit. In September of 2017, the United States enacted a 90-day marriage rule, which makes it risky for immigrants to marry U.S. nationals within 90 days of their entry to the United States.
Under the 90-day marriage rule, if a foreign national enters the U.S. and marries a U.S. citizen or permanent resident within the first 90 days of being in the country, USCIS will presume the marriage to be a fraud and will deny a Green Card, claiming the applicant misrepresented his or her intentions in coming to the country. Prior to September 2017, such actions were at risk of being classified as fraud only if they occurred within the first 30 days of entry.
Actions And Activities Must Be Consistent With Stated Plans
At the heart of the issue is a visitor’s “stated plans”. The stated plans are what an applicant listed on his or her original 1/B-2 application, what he or she told the interviewing officer at the Embassy, and what he or she told the Custom and Border Protection (CBP) officer when they entered the U.S. at the airport.
Anything that a visitor does that is inconsistent with those stated plans can result in USCIS coming to the determination that the visitor has committed immigration fraud. This is not limited to marriage. Getting a job, going to school, even changing travel plans within those first 90 days can result in a revocation of your Visa, denial of a Green Card, and immediate deportation.
Protect Yourself By Pushing Back Marriage Plans
If you have traveled to the United States with the intent to marry a U.S. citizen or permanent resident you should have mentioned that in your stated plans. If you did not do so, your best course of action is to wait until 90 days after your entry to the U.S. have passed before getting married. This may still raise from red flags with USCIS but is less likely to be considered immigration fraud or “willful misrepresentation”.
Contact The Immigration Law Offices Of Gail Seeram For Help With Visa And Green Card Issues
To learn more about the 90-day rule and how it could result in charges of immigration fraud, read our post here.
To speak with an immigration attorney on the 90-Day rule, Green Cards, Visas, or other immigration matters, contact our Orlando immigration law office at Gail@GailLaw.com, start a chat session at https://myorlandoimmigrationlawyer.com, or call/text 407-292-7730.
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As an immigration law expert with a profound understanding of U.S. immigration policies and regulations, I can delve into the intricate details of the Trump Administration's 90-day marriage rule and its implications for green card applicants. My expertise is grounded in a comprehensive knowledge of immigration law, encompassing changes implemented up to my last knowledge update in January 2022.
The 90-day marriage rule, enacted in September 2017, significantly alters the landscape for immigrants seeking to marry U.S. citizens or permanent residents shortly after entering the United States. This rule introduces a presumption of fraud if a foreign national marries within the initial 90 days of their arrival. Previously, the threshold for such scrutiny was within the first 30 days post-entry.
Central to the rule is the concept of "stated plans." These plans represent what applicants declared in their original 1/B-2 application, communicated to the interviewing officer at the Embassy, and conveyed to the Customs and Border Protection (CBP) officer upon entry. Any activities inconsistent with these stated plans can trigger a USCIS determination of immigration fraud.
The scope of inconsistent activities extends beyond marriage and includes actions like obtaining employment, pursuing education, or altering travel plans within the critical 90-day period. Such deviations from stated plans can lead to severe consequences, such as visa revocation, denial of a green card, and immediate deportation.
For individuals intending to marry a U.S. citizen or permanent resident, it is crucial to align these plans with the initially declared intentions. Failing to do so may raise red flags with USCIS, even if marriage occurs after the 90-day mark, though the risk of being labeled as committing "willful misrepresentation" or immigration fraud is diminished.
To navigate these complexities and safeguard one's immigration status, individuals should consider delaying marriage plans until after the 90-day period has elapsed. Although this approach may not entirely eliminate USCIS scrutiny, it reduces the likelihood of being accused of intentional misrepresentation or fraud.
For those seeking guidance and assistance with visa and green card issues related to the 90-day rule, the Immigration Law Offices of Gail Seeram provides expertise and support. Whether dealing with immigration fraud charges or other immigration matters, individuals can reach out to the Orlando immigration law office through various channels, including email (Gail@GailLaw.com), the website (), or by calling/texting 407-292-7730.
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