AOS - 90 day rule help! Should I be concerned?

[QueenoftheThrow 4]

Hey Everyone - I'm a USC getting married to a J1 Visa holder, and I have a question about an article I read floating around online about AOS timelines and this "90 day rule."

 

My boyfriend is currently in the US on an 18 month J1 visa with no 2 year home return required, which is expiring in February. Up to this point, we did not have any immigrant intent, as we were taking our relationship day by day. He went back to the UK (got travel approved by the J1 sponsor) for a week earlier this month (Nov) to visit family.

 

Here's where I'm concerned. After he got back, I proposed to him that we get married on my birthday in early December, and do something super casual and see our favorite band together with some friends and a brief ceremony. He agreed - so we're getting married! I have done a ton of research on filing for AOS, but the one thing that scared me is the "90 day rule" that I keep reading about (formerly 30/60/90 guideline). Ever since then, I've been scared that maybe we need to wait at least 90 days from his last re-entry (earlier this month) to not raise suspicion of fraud on his non-immigrant visa. Let me emphasize, we totally did not plan this, are in a legitimate relationship for years, nor did he have the intent for any circumstances to change. Even though he's been on his J1 visa for 14 months, I'm worried that him having just returned to the UK for a week will trigger something? Hopefully I'm being overly paranoid -We want to do this right.

 

Do I need to delay my (albeit casual) wedding? Do we need to delay our AOS filing by 90 days?

Thanks!!

[BenjaminKeating 114]

As long as you have sufficient evidence the relationship is genuine I wouldn't be concerned at all.

[ajs1984 28]

The consensus on this forum appears to be that the "90 day rule" does not apply to AOS. The USCIS policy manual has not been updated for this rule change yet either. Most likely you will be told to get married now and file ASAP, and not to worry..

 

Note that this page (8 CFR 214.2(j)(1)(ii)) says J-1 visa holders have 30 days grace to leave after program end ("for the purposes of travel", if they completed the exchange program). It seems you guys would have time to get married and file the I-485 before he was out of status anyway. If that makes you more comfortable, maybe you could avoid the pitfalls of either rule by filing at the beginning of March.

[Ontarkie 14,231]

~~Multiple post removed for advocating committing immigration fraud. Lying by omission is still lying and will not be tolerated on VJ. Any further discussion of justifying this fraudulent activity will result in suspension.~~