USCIS has been experiencing unprecedented delays this year in 2018 due to new immigration policies and procedures that have changed the way we now advise our client. These changes directly impact when a marriage case should be filed, how travels have to be carefully planned, and when an arriving immigrant can begin working and also maintain their employment status after filing for Adjustment of Status.

The new “90 day rule” that was announced late last year makes it dangerous for a foreign national to get married within 90 days of arriving in the US on a non-immigrant visa. This is because the Department of Homeland Security now looking at the foreign national as having fraudulent intent upon arrival. In other words, how can one arrive on a non-immigrant visa stating that they have an intention to return back to their home country and then immediately getting married. This is a departure from the previous policy that only attached the presumption of fraud if the arriving alien married a US Citizen or Permanent Resident within 30 days.

Examples of how this has affected our clients is when they come to us asking one of the following frequently asked questions:

• I live in France and my US Citizen Fiancee who lives in New York have planned a big destination wedding in Florida. All the wedding arrangements have been made and I’m flying into Florida next week and the wedding is a week later. Also, I run a business in London, so once we get married, my husband is going to file my Adjustment of Status and then I have to get back to France as I only have two weeks vacation. Is this possible?

I’ve always said that a sound immigration strategy should be laid out way before any monetary and emotional investments are made when a couple is planning their big day. Nothing can be worse than laying out thousands of dollars, inviting hundreds of guests to only find that the wedding has to be delayed due to poor immigration planning or lack of any immigration planning as the immigration strategy may well inform where the couple should tie the knot.

Should you have any questions please do not hesitate to contact us for more information. We understand that these are difficult times but we are available to take your call so we can discuss the best options for you!

To get in touch with one of our attorneys, call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation.