F1 marrying US citizen after entry

[seattle2903 2]

I hold a valid F1 visa and I’ve been together with my boyfriend for 2 years. He proposed to me a while ago and we decided to get married. The issue is, we have just returned from a vacation abroad, which means I entered the US recently. I read about the 90-day guideline but is it applicable to me? Would it affect my AoS in any way if we marry sooner than 90 days after my last entry?

[EandH0904 1,184]

When did you decide to get married? If you're here now I suppose its irrelevant but what matters (mattered) was your intent. I understand you prob met your boyfriend while you were here as a student.  Do you have more studying time to complete or is that done now? 

 

If you're still in school, marry and adjust status. The 90 day thing isnt really a "thing" but what it implies or looks at is your intent. Did you knowingly enter the US with plans to get married and adjust your status? Because doing that is fraud. Some people think waiting 90 days gives the appearance that you didnt knowingly come here to get married and stay. 

 

However when you crossed the border last time if you're still a student then you came here to use your Visa as intended 

[seattle2903 2]

6 minutes ago, EandH0904 said:

When did you decide to get married? If you're here now I suppose its irrelevant but what matters (mattered) was your intent. I understand you prob met your boyfriend while you were here as a student.  Do you have more studying time to complete or is that done now? 

 

If you're still in school, marry and adjust status. The 90 day thing isnt really a "thing" but what it implies or looks at is your intent. Did you knowingly enter the US with plans to get married and adjust your status? Because doing that is fraud. Some people think waiting 90 days gives the appearance that you didnt knowingly come here to get married and stay. 

 

However when you crossed the border last time if you're still a student then you came here to use your Visa as intended 

Yes, I am still in F1 status valid until 2020, so 2 more years. I didn’t have any sort of plans to marry until a week ago (so I was already in the US) when we had a serious discussion and decided there’s no reason to postpone the civil ceremony. 

[EmilyW 1,541]

Intent was determined at the border and is no longer an issue.

[Colorred 30]

Hi, I was in somewhat similar situation but after reading the 30/60/90day rule I canceled the vacation (got most of my money refunded). Anyway, I think given the current administration and their crackdown on F1 visa holders violating their status, it’s best to err with caution. Wait 31days after your last entry then do the ceremony. ( according to their 30/60/90day policy the immigration officer adjudicating your case can consider that there’s reasonable doubt that your intentions were fraudulent when you last entered on a non-immigrant visa). If there’s no rush don’t risk it. Good luck 

[geowrian 22,338]

There is no such thing as a 30/60/90 rule for AOS. AOS is handled by USCIS. The aforementioned rule is in the FAM issued by the DOS. Different departments, different processes.

[DavideT 10]

23 hours ago, EmilyW said:

Intent was determined at the border and is no longer an issue.

So, if for example your relationship was a long distance, but you came in with intent to study (and did so for a few years before marrying and applying)... once you're in and sent the notice you should be fine?

 

Sorry, just happened to open a topic (

) 

about it earlier since my interview is next week and thats one of the possible questions giving me an ungodly anxiety lol.