German passport holders do not have to apply for a visa to enter the U.S. as tourists, but their status is similar to that of B2 visa holders. The problem is that going from a B2 tourist to an immigrant married to a U.S. national is not a situation that USCIS officers are obligated to grant. In fact, they are directed to exercise their own discretion as provided by the 30-60-90 adjustment of status (AOS) rule.
The 30-60-90 AOS rule is based on a presumption. Essentially, USCIS believes that foreigners who file for AOS within 30 days of their arrival are presumed to be “corner cutters” who do not want to follow the lengthy process of applying for immigrant status from their countries of origin. This is a presumption of bad faith, which should not apply to the German newlywed we used as an example. When the AOS application is made after 30 days but before 60 days of arrival, the bad faith presumption is downgraded to a suspicion, which could still be a denial.
There is no provision for 90 days; that is just a spoken recommendation made to some AOS filers so that they do not raise suspicions. Want to know how the 30-60-90 day rule applies to your particular situation? Visit www.ksvisalaw.com for all your immigration needs or contact a professional San Diego immigration attorney directly at 858-874-0711 for a free consultation.