Q: Does the 90-day rule for the green card application apply for F1 visa? I traveled this summer, but was in the US before.
My partner and I want to get legally married so that I can start the green card application process. I've been in the US for college since 2017. I graduated in May and got an OPT extension that's valid until July 2022. I was travelling to visit family in Italy this past summer, and re-entered the US in August. My partner and I want to get married asap. Would it be seen as suspicious if we get married now and then apply for the green card?
Here is a good article on the 90 day rule: https://citizenpath.com/90-day-rule-adjusting-status/
And if you and your partner have been together for a year or more and you have good reasons for wanting to get married (other than just to get a green card) then getting married now will not "look suspicious". If you have any questions or concerns after reading the 90 day rule article then I would recommend doing a consultation with an experienced immigration attorney. Best wishes!
The 90-day rule will apply to your case as well as the Service will review the motives and bona fides of the marriage.
If you have genuine feelings for each other, get married and start assembling all the documents to be filed after 90-days. If you marry to just obtain immigration benefits, that would constitute immigration fraud.
A: Yes. The 90 day rule applies to you. Entering the USA on a non immigrant visa and marrying with in 90 days creates a presumption that when you were admitted into the USA on a non immigrant visa you actually had immigrant intent.
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