In this series, independent attorneys in the Boundless network answer common U.S. immigration questions.
Today's question: Is your application affected if you break the 90-day rule?
If you enter the United States on a temporary visa -- like a tourist visa or work visa and you’re intending to either
1. Marry a US citizen or green card holder to live permanently in the US
2. Apply for a marriage-based green card
It is considered a misrepresentation of your purpose for coming to the US.
The U.S. government considers both of the actions mentioned unlawful, and there can potentially be pretty serious consequences -- such as being deported or having your visa revoked or invalidated.
However, if you arrived in the US on a temporary visa -- and had planned to return to your home country before your visa expired, but those plans unexpectedly and legitimately changed while you were visiting the US -- the situation is different. Temporary visa holders are allowed to change their mind once they’re in the United States, and marry or apply for a green card, as long as they genuinely came to the country with the original intention of leaving.
It's important for applicants in this situation to be aware of the "90-day rule." Our detailed guide has more information about this rule. Check it out here: bit.ly/3rcRzmA
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