STEM OPT to Marriage-based Green Card (90 day rule)

[Frenchy12 0]

Hi All, 

I am planning on applying for my AOS from STEM OPT to marriage-based GC in the next few months.  Here is the timing of what is going on with travel and important dates:

May 23rd, 2017: STEM OPT began.

September 17th, 2017: Married US Citizen. 

November 2017: i-693 medical exam. 

December 2017: preparing paperwork, gathering all necessary documents... I-130, I-485, I-131, I-130A, I-765, etc... 

Mid-January, 2018: Vacation. 

End-January, 2018: Back from vacation.  

February 1st -> Sending AOS? or May 1st? 

 

Given the date, I know I will not be able to send in AOS and get my Advanced Parole in time for my vacation... Given this, does the 90-day rule apply at all after I re-enter the US on January 28th, 2018?  Would it be better to wait 3 months or so before I send my AOS with all necessary documents?  Note that my i-693 has already been filed in November 2017. 

Edited December 6, 2017 by Frenchy12

[geowrian 22,337]

Now that you want to immigrate, you cannot leave the US and re-enter on OPT to AOS. Entry on F-1 or OPT with immigrant intent is visa fraud. You would have to either file for AOS before leaving the US (and wait for AP in ~4 months), or file for a CR-1 visa (and the US-based medical exam does not apply for said visa abroad).

Edit: And having had a medical exam by a CS before leaving the US would look pretty fishy...

 

There is no 30, 60, or 90 day rule for AOS.

Edited December 6, 2017 by geowrian