When you marry a U.S. citizen or a green card holder, you might be eligible for a marriage-based green card. However, applicants who don’t follow the rules could face delays or even have their application denied. One important rule to be aware of is the “90-day rule” from U.S. Citizenship and Immigration Services (USCIS), which determines whether someone has misrepresented their intentions when they entered the United States on a temporary visa.
Here’s everything you need to know about the 90-day rule and how it could affect your green card application.
What Is the 90-Day Rule?
The 90-day rule is a guideline used by USCIS to check if applicants have misrepresented their original intentions when entering the United States. If a person enters the U.S. with a temporary visa but then marries or applies for a green card within 90 days of their arrival, USCIS presumes they didn’t enter to return to their home country as required by their visa. This could result in their green card application being denied and their current visa being revoked.
This rule only applies to “single-intent” visas, such as tourist, student, or business visas. If you hold a dual-intent visa (like an H-1B or L-1 work visa), you don’t need to worry about this rule. Dual-intent visas allow you to plan to stay permanently in the U.S. while on that visa.
Who Does the 90-Day Rule Apply To?
The 90-day rule applies to people who enter the U.S. on a “single-intent” visa. This includes:
- B visas (tourist, business)
- F visas (student)
- J visas (exchange visitor)
- M visas (vocational students)
- Q visas (cultural exchange)
- TN visas (for Canadian and Mexican professionals)
- Visa Waiver Program (ESTA) holders
If someone on these visas marries a U.S. citizen or applies for a green card within 90 days of arriving, USCIS assumes that they misrepresented their intention. However, if the applicant can prove that their situation changed unexpectedly (for example, a sudden health issue with a spouse), they may still have a chance to convince USCIS that they didn’t lie about their original intentions.
90-Day Rule vs. 30/60-Day Rule
Before 2017, USCIS applied a “30/60-day rule,” which assumed that a person misrepresented their intentions if they filed for a green card within 30 days of arrival. From 30 to 60 days, the application would be considered suspicious, and anything over 60 days wouldn’t raise concerns.
In September 2017, USCIS replaced the 30/60 rule with the stricter 90-day rule, meaning if you marry or apply for a green card within 90 days of arriving in the U.S., it is presumed you misrepresented your original intent unless you can prove otherwise.
What Happens If You Break the 90-Day Rule?
If you marry or apply for a green card within 90 days of entering the U.S., USCIS will assume that you entered with the intent to stay, which can lead to your visa being revoked and your green card application being denied.
However, if you can provide clear evidence that your circumstances changed after entering the U.S. (such as an unexpected family emergency), you may still be able to overcome the presumption of misrepresentation.
The final decision will be up to the USCIS officer reviewing your case. It’s essential to document your original intentions and any changes in circumstances to support your case.
How to Prove You Didn’t Misrepresent Your Intentions
If you marry or apply for a green card within the first 90 days of entering the U.S., USCIS will question your original intent. You’ll need to show that your intentions truly changed after arrival. For example, if you came to visit your spouse but later found out about a serious health issue that required you to stay longer, you could present evidence of the health issue and show that you initially planned to leave as scheduled.
It’s important to be honest in your application. Any signs of deception will hurt your chances of getting your green card approved.
Other Considerations
Counting the 90 Days:
You can easily calculate when the 90 days start by looking at your I-94 travel record. The 90-day clock begins from the date you entered the U.S. For example, if your I-94 shows you entered on April 1, 2024, your 90 days would end on June 30, 2024.
Repeated Entries:
The 90-day rule only applies to your most recent entry into the U.S. So, if you leave and return, the clock resets each time you re-enter the country.
Multiple Visas:
If you originally entered on a dual-intent visa like an H-1B and later switched to a single-intent visa, only the most recent visa and entry count toward the 90-day rule.
Understanding and following the 90-day rule is crucial when applying for a green card. While the rule assumes misrepresentation if you marry or apply for a green card within 90 days, applicants can provide proof that their intentions changed after arriving in the U.S. If you’re unsure how the 90-day rule applies to your situation, it’s a good idea to consult with an immigration attorney to guide you through the process.
