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MJB3914

"90 day rule" for F-1 transitioning to spouse-based green card

By MJB3914 in Adjustment of Status from Work, Student, & Tourist Visas

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MJB3914 Newbie

MJB3914   0

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Here's my situation:

  • F1 student visa (now OPT), expires in July 2019
  • Married USC in Nov 2018 (after a 3-year relationship)
  • Went to home country for holiday season to visit family, reentered on F1/OPT in early-Jan 2019
  • Applied for Green Card through spouse based AOS in mid-Jan 2019
  • Had biometric appointment in mid-Feb 2019, have not heard anything since (for AOS or EAD/AP document)

 

Only at this point has my research uncovered the 90-day rule (i.e. entering on a non-immigrant visa, and getting married within 90 days [different intent]). The only reason I went home for Christmas was to see family and because I knew I couldn’t travel once I applied for AOS. I assumed it was OK to reenter on my F-1/OPT as I have done this many times over the past few years.

 

My research has given me mixed answers about what this rule entails and the enforcement of said rule by USCIS. This link and Foreign Affairs Manual (FAM) suggests that actually it’s no longer really a thing for students transitioning to a green card. Does anyone have any insight or similar previous experiences? No conjecture please.

 

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Crazy Cat Grand Master

Crazy Cat   41,919

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Filed: Citizen (apr) Country: Taiwan
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***Thread moved to Adjustment of Status from Work, Student, & Tourist Visas***

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,919

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Filed: Citizen (apr) Country: Taiwan
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20 minutes ago, MJB3914 said:

The only reason I went home for Christmas was to see family and because I knew I couldn’t travel once I applied for AOS. I assumed it was OK to reenter on my F-1/OPT as I have done this many times over the past few years

It sounds like you entered the US via a non-immigrant visa with the intent to adjust status....or am I missing something?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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treppenwitz Explorer

treppenwitz   78

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30 minutes ago, MJB3914 said:

Only at this point has my research uncovered the 90-day rule...

^ It's not an issue.

31 minutes ago, MJB3914 said:

The only reason I went home for Christmas was to see family and because I knew I couldn’t travel once I applied for AOS. I assumed it was OK to reenter on my F-1/OPT as I have done this many times over the past few years.

:pop:

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