Changes in AOS filing process timeline/ to 90 day rule? (split and merge)

[cherpd2002 1]

 

Hello everyone!

I am a newbie. My sis went through the K1 process and I am yet to receive NOA 1 after over 2 months of filing via an Immigration Lawyer. Believe the secretary and/or lawyer has duped us. Forgive the length of my story.

 

PD-9th August, 2017 

Lawyer - Dated our PD - 15th, August, 2017

Location: I am within the US 8/08/2017 

I94-02/07/2018

USCIS - Should be Vermont Service Center

NOA1-Never received to date. Its now over 2 months (Highly unusual)

Bankers check: Outstanding

 

Good day, my husband (US Petitioner) and I submitted our I130/I485/ Work Authorization/SonsI130 (via consular) and several other forms for myself and my oldest son (11yrs old, from previous unmarried relationship) from the Caribbean on August, 9th, 2017 via an immigration lawyer in NY. We never lived together. We dated for 7 years long distance traveling to see one another via Caribbean islands as I had no travel visa and got married in Trinidad 3rd August, 2016. We had a son together in Trinidad 26th September, 2016.  I am in US on a B1/B2 visa (3rd travel in for 2017) with baby who got US Passport and CRBA since January 2017. My eldest son unfortunately has no visa so he is in the Caribbean.

Upon filling out forms and filing taxes inclusive of our youngest son and I (with us of ITIN #), we gave them (The Immigration Lawyer) two bankers cheques for the Homeland Security same day we completed the forms which the lawyer did not date that day but my husband signed. During the end of month of August, 2017 I notice that no NOA 1 was forthcoming. So I called the lawyers office to inquire and was told by the secretary it takes a while as the new administration has made changes which contradicts the processing times outlined. I also kept telling my husband I am concerned about the handling thus far as from research her responses do not align with the experiences of others.

I have become annoyed with the process since I kept getting on to the secretary who kept saying yes its filed but would not email the copies of the filed papers. On insisting to go into the office directly to them she forwarded 2 form on 27th September, 2017- My husband G325 form and only my I130 form. She (secretary) also said that she meant to call me because the USCIS called their office and requested my I94 and Visa which was already submitted. I was shocked she said she was called and not emailed an outline of missing documents On it I have discovered there is info that is incorrect such as that my husband lived at my home in Trinidad for a period 2015 to 2016. He has never resided with me. This years is the longest periods we have ever spent together which I am thankful for. My husband works at 2 hospitals and she has only one correct and the other as an old one. He only started the main one this year so the taxes filed inclusive of this is next year. 

We called the bank today to inquire if the bankers check was cashed and they stated both were "outstanding". That has to mean its not cashed which means it was never submitted. There is no way that an NOA of receipt would take so long and that the secretary is dishonest. Since if she was contacted it means it was received and should have been waiting on our NOA 2 at the moment. Am I getting it wrong? Its all not adding up.

I called the lawyer immediately and asked to speak to him directly about an emergency meeting tomorrow. I am not discussing anything with his secretary who is responsible for the paper work prep and mailing. 

Please help me clarify if I missed anything.

Edited October 11, 2017 by Penguin_ie

[cherpd2002 1]

Good day.

I am new to the process. August filer 2017. I was just informed however of changes in AOS filing process timeline. Therefore, when in 

USA it seems a timeline must pass before anything else can be done. Has anyone heard of this amendment?

 

[geowrian 22,337]

3 minutes ago, cherpd2002 said:

Good day.

I am new to the process. August filer 2017. I was just informed however of changes in AOS filing process timeline. Therefore, when in 

USA it seems a timeline must pass before anything else can be done. Has anyone heard of this amendment?

I think more details of your situation are needed to have an idea of what types of changes you are talking about. Things change every couple months. But please post those in your own thread instead of hijacking this one. Thank you.

[cherpd2002 1]

@geowrian. I humbly apologize. First time using this site today. Still learning to navigate. So I was informed prior that after entry into US via a nonimmigrant visa you had a 30/60 day rule within which you could file. However, It requires at least 90 days before an AOS can be filed or you may be found in violation. I am asking if anyone knows of this new change?

Edited October 11, 2017 by cherpd2002

[cherpd2002 1]

@geowrian Change to AOS filing. This article is directly from USCIS detailing the amendment to the 30/60 day rule to a strict 90 day rule

 

https://www.uscis.gov/policymanual/Print/PolicyManual-Volume8-PartJ.html 

Edited October 11, 2017 by cherpd2002

[Penguin_ie 5,994]

*****  Post and replies split from thread by other member about another issue.  Please always ask your own questions in your own thread  ****

 

I think you may be confusing different processes. Your profile states you are filing for a CR-1 spousal visa, which doesn't do AOS at all, as visas are used to enter countries.  It looks like you are doing an Adjustment of Status inside the USA.  There was never a 30/60/90 day official policy for that.

Edited October 11, 2017 by Penguin_ie

[cherpd2002 1]

@Penguin_ie Good day.

 

I am within the US as I stated in an earlier post. Please accept my apology for the mix up. Still learning how to navigate the website and how to post using my thread. There was a 30/60 day rule where "preconceived intent" could have hindered your validity to apply unless a certain period was passed. In my case initially I am here on a B1/B2 Visa. This is has been changed and is stated on USCIS to a 90 day rule as of September 1st, 2017 where after entry I must wait 90 days before applying of AOS.  Seen at this link. I do appreciate any feedback and thanks for helping me to understand how to use the site a little better. Still confused how it split and merged????

https://www.uscis.gov/policymanual/Print/PolicyManual-Volume8-PartJ.html

 

 

As I stated above with my outlined situation a few hours ago. I filed both I130 and I485 simultaneously with EAD :"

PD-9th August, 2017 

Lawyer - Dated our PD - 15th, August, 2017 (Suspected that it was never filed by lawyers office)

Location: I am within the US 8/08/2017 

I94-02/07/2018

USCIS - Should be Vermont Service Center

NOA1-Never received to date. Its now over 2 months (Highly unusual)

Bankers check: Outstanding

 

 

Edited October 11, 2017 by cherpd2002

[geowrian 22,337]

If you're within the US then you can AOS. As stated, there never was a 30/60/90 rule for USCIS, and still does not have something equivalent to said rule. The references, even in the link posted, are for DOS, from the FAM, and for use by COs. Subsequent BIA decisions have determined that preconceived intent cannot be a sole cause of denial for AOS as an immediate relative.

 

As such, there's no period of time to wait out. If the relationship is legitimate and you otherwise meet the requirements, you can file for AOS.

[Smile_goongyi 10]

On 10/12/2017 at 1:56 AM, geowrian said:

If you're within the US then you can AOS. As stated, there never was a 30/60/90 rule for USCIS, and still does not have something equivalent to said rule. The references, even in the link posted, are for DOS, from the FAM, and for use by COs. Subsequent BIA decisions have determined that preconceived intent cannot be a sole cause of denial for AOS as an immediate relative.

 

As such, there's no period of time to wait out. If the relationship is legitimate and you otherwise meet the requirements, you can file for AOS.

Good day geowrian I'm confused with the 30/60/90 day rules, Does it mean that I should apply for an AOS within the 90 days as well? I'm a K1 visa then just got here in US March 12 2018 however my fiancé wants us to get married on June which like 85th day then probably I might gonna file my AOS after the 90th day,  is that still okay from the policy of uscis?

I really need some clarification of this. Thanks

[geowrian 22,337]

9 hours ago, Smile_goongyi said:

Good day geowrian I'm confused with the 30/60/90 day rules, Does it mean that I should apply for an AOS within the 90 days as well? I'm a K1 visa then just got here in US March 12 2018 however my fiancé wants us to get married on June which like 85th day then probably I might gonna file my AOS after the 90th day,  is that still okay from the policy of uscis?

I really need some clarification of this. Thanks

1. The 30/60/90 day rule doesn't exist for AOS.
2. You entered on a K-1 visa, which permits immigrant intent. The so-called 30/60/90 day rule is about misrepresentation with immigrant intent, so it could not apply in your case anyway.

Be absolutely sure to marry within 90 days of entry. It's possible to adjust status if you don't, but it will get more expensive and involve more forms + probably more time.

 

You are allowed to submit your AOS application after 90 days. Between day 91 and whenever you submit your AOS application you will be out of status and technically deportable. Once you submit the AOS application, you will have authorized stay and no longer be deportable just for being in the US.

Any overstay won't hurt your AOS application (overstays as the spouse of a USC are ignored).