What Is the 90-Day Marriage Rule?

The 90-Day Marriage Rule refers to a guideline used by U.S. Citizenship and Immigration Services (USCIS) and the Department of State when evaluating the intentions of foreign nationals who enter the U.S. on a nonimmigrant visa, particularly those applying for adjustment of status to permanent residence.

Here’s what it means:

• If a foreign national marries a U.S. citizen or lawful permanent resident within 90 days of entering the U.S. on a temporary visa (such as a tourist or student visa), USCIS may presume that the person misrepresented their intentions at the time of entry.

• This presumption of fraud or willful misrepresentation can make the person ineligible for a green card and possibly subject to removal (deportation).

• The rule doesn’t automatically deny the green card application, but the applicant must provide strong evidence to prove that they did not intend to marry or stay permanently when they first entered the U.S.

It’s important to note that this rule does not apply to individuals who enter on a K-1 fiancé(e) visa, because marriage is expected within 90 days in that case.