At FL350 you are not operating the aircraft according to instruments ? So according to what ?visual flight rules ? Come on be real . If you are not using instrument to navigate at FL350 , how are you navigating? Most probably You will be flying in RVSM and RNAV which is pure instrument flying , or using RAW data from VOR to VOR . Definitely complying with FAR regulation as you are not only in IFR flight plan but also navigating using instruments.
You dont have to wait to be in the clouds to start using instruments. Having a nice view outside at Fl350 does not mean you are not using instruments as a primary and sole source of navigation.