tourist marry to US citizen within 30 day changed to 90 days ?

[kapaferdo]

“If someone comes to the U.S. as a tourist, falls in love and gets married within 90 days and then applies for a green card, this means the application would be denied,” said Diane Rish, the associate director of government relations at the American Immigration Lawyers Association. “This is a significant policy change.”


As i remember there wasn't rule 30/60/90 days, it was just some kind of recommendation, but now it became very strict rule ?
Please explain, if you know more on this topic make it clear for us too

[Walbrzyszanka21]

“If someone comes to the U.S. as a tourist, falls in love and gets married within 90 days and then applies for a green card, this means the application would be denied,” said Diane Rish, the associate director of government relations at the American Immigration Lawyers Association. “This is a significant policy change.”



As i remember there wasn't rule 30/60/90 days, it was just some kind of recommendation, but now it became very strict rule ?
Please explain, if you know more on this topic make it clear for us too

Well the article explains it and it is common sense. If you know that you are entering a country because your significant other is there, then why not mention it? Tourist visa is meant to last a short time and its purpose is for the individual to see the country/city. Spousal visa is for people who got married I believe or plan to get married the moment they get together. Business/employment visa is related to work and student visa is related to education. And I think that 90 days is fair because I would find it suspicious if a person got a tourist visa, came here and within a month got married. It is not likely the marriage is based on bona fide.

[newacct]

There was a change in the Department of State's Foreign Affairs Manual, but the Department of State does not adjudicate Adjustment of Status. USCIS manuals have never definitively required the use of a 30/60 or 90 day rule.

In any case, longstanding decisions from the Board of Immigration Appeals have said that Adjustment of Status for Immediate Relatives (spouse, unmarried under-21 child, or parent of US citizen) should be granted even if there was preconceived immigrant intent at the time of entry, and these decisions take precedence over the text in any manual in immigration court. So as long as the person did not lie to an officer at some point, it should not be possible for their AOS after marriage to a US citizen to be denied.

[maced]

There was a change in the Department of State's Foreign Affairs Manual, but the Department of State does not adjudicate Adjustment of Status. USCIS manuals have never definitively required the use of a 30/60 or 90 day rule.

In any case, longstanding decisions from the Board of Immigration Appeals have said that Adjustment of Status for Immediate Relatives (spouse, unmarried under-21 child, or parent of US citizen) should be granted even if there was preconceived immigrant intent at the time of entry, and these decisions take precedence over the text in any manual in immigration court. So as long as the person did not lie to an officer at some point, it should not be possible for their AOS after marriage to a US citizen to be denied.

Then why they implement this rule ?

[scientist2016]

As newacct pointed out, USCIS did not "implement this rule". Hence, going forward, the precedent set by the past decisions carries weight over any arbitrary guidance in a manual. Pending any legislative changes, merely having an immigrant intent at the time of entry should not be the reason to deny AOS in the immediate relatives to US citizens category, assuming there was no lying to the CBP officer at POE.