90 day rule for TN to Green Card AOS

[kartonio 1]

Dear VJ community,

 

My girlfriend is a Canadian citizen and she came to US 8 months ago on a 1-year TN visa and lived with me the whole time. We just got engaged during a trip outside US and would like to get married and file AOS as soon as possible - so that she can get a new job after her TN visa expires.

 

How concerned should we be about the 90-day rule since she just crossed the border on a non-immigrant visa? She wasn't asked any questions and her passport wasn't even stamped this time. I've been told that historically this would be a non-issue but does anyone know whether USCIS has tightened up on applying this rule under the new administration?

[azblk 338]

5 hours ago, kartonio said:

Dear VJ community,

 

My girlfriend is a Canadian citizen and she came to US 8 months ago on a 1-year TN visa and lived with me the whole time. We just got engaged during a trip outside US and would like to get married and file AOS as soon as possible - so that she can get a new job after her TN visa expires.

 

How concerned should we be about the 90-day rule since she just crossed the border on a non-immigrant visa? She wasn't asked any questions and her passport wasn't even stamped this time. I've been told that historically this would be a non-issue but does anyone know whether USCIS has tightened up on applying this rule under the new administration?

That 90 day rule is a state department rule and is not applicable for AOS. So unless your girlfriend plans to go back to Canada and pursue consular processing it can not be used against her.

[kartonio 1]

Thank you!