Did I violate the 90-day rule by AOS within 60 days of I-20 extension?

[tiantian2 18]

Hi, I’m panicking here and would like to get your advice regarding whether I violated the 90-day no immigration intention rule, and if I did, what I can do at this point to save the situation. 

Below is my timeline:

I entered the U.S. 5 years ago as F1 student pursuing PhD degree and has maintained F1 status since.

Married my husband (citizen) 2 years ago (still maintained F1 afterwards).

6 months ago, since I need more time to finish PhD, applied for I-20 extension; my extended I-20 will expire at end of this year. Signed this extended I-20.  

50 days later after I signed the extended I-20, I applied for marriage-based AOS, filing 485, 130 together.

I got scheduled the initial interview for three weeks from now.

As I prepare for the interview, I read about this 90-day rule that would consider changing status within 90 days of entry on non-immigration visa as fraudulent. So my question is, does this also apply to the signing of I-20? After all, above the I-20 signature line it certifies that I intend to enter or maintain nonimmigrant status for the sole purpose of studying in the specified program.

Anyone with insight on this one is much appreciate. Or if you had similar experience, such as AOS soon after signing a new I-20 or applying for OPT. Thank you!

[arken 4,197]

No need to worry at all. 

[payxibka 10,045]

I'd question the source about this 90 day rule that doesn't exist 

[geowrian 22,337]

Can't violate a rule that doesn't exist.

[Paatay Khan 16]

1 hour ago, tiantian2 said:

Hi, I’m panicking here and would like to get your advice regarding whether I violated the 90-day no immigration intention rule, and if I did, what I can do at this point to save the situation. 

Below is my timeline:

I entered the U.S. 5 years ago as F1 student pursuing PhD degree and has maintained F1 status since.

Married my husband (citizen) 2 years ago (still maintained F1 afterwards).

6 months ago, since I need more time to finish PhD, applied for I-20 extension; my extended I-20 will expire at end of this year. Signed this extended I-20.  

50 days later after I signed the extended I-20, I applied for marriage-based AOS, filing 485, 130 together.

I got scheduled the initial interview for three weeks from now.

As I prepare for the interview, I read about this 90-day rule that would consider changing status within 90 days of entry on non-immigration visa as fraudulent. So my question is, does this also apply to the signing of I-20? After all, above the I-20 signature line it certifies that I intend to enter or maintain nonimmigrant status for the sole purpose of studying in the specified program.

Anyone with insight on this one is much appreciate. Or if you had similar experience, such as AOS soon after signing a new I-20 or applying for OPT. Thank you!

90-day rule applies to when you first entered the U.S. And since you married your husband three years after entering and(maintaining your status)which doesn't matter anymore since you're married to a USC, you absolutely have got nothing to worry about.

[Paatay Khan 16]

25 minutes ago, payxibka said:

I'd question the source about this 90 day rule that doesn't exist 

3. The U.S. Department of State’s 90-Day Rule ^[8] 

DOS developed a 90-day “rule” to assist consular officers in evaluating willful misrepresentation in cases involving an applicant who violated his or her nonimmigrant status or whose conduct is inconsistent with representations made to either the consular officer at the time of the visa application or to the immigration officer at the port of entry. The DOS 90-day rule creates a presumption of willful misrepresentation if an applicant engages in such conduct within 90 days of admission to the United States. 

Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers. However, USCIS officers must examine all of the factors in an applicant’s case. After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States. ^[9] Officers should carefully assess each situation and continue to evaluate cases for potential fraud indicators. When appropriate, officers should also refer cases to Fraud Detection and National Security, according to existing procedures.

[geowrian 22,337]

6 minutes ago, Paatay Khan said:

90-day rule applies to when you first entered the U.S. And since you married your husband three years after entering and(maintaining your status)which doesn't matter anymore since you're married to a USC, you absolutely have got nothing to worry about.

2 minutes ago, Paatay Khan said:

3. The U.S. Department of State’s 90-Day Rule ^[8] 

DOS developed a 90-day “rule” to assist consular officers in evaluating willful misrepresentation in cases involving an applicant who violated his or her nonimmigrant status or whose conduct is inconsistent with representations made to either the consular officer at the time of the visa application or to the immigration officer at the port of entry. The DOS 90-day rule creates a presumption of willful misrepresentation if an applicant engages in such conduct within 90 days of admission to the United States. 

Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers. However, USCIS officers must examine all of the factors in an applicant’s case. After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States. ^[9] Officers should carefully assess each situation and continue to evaluate cases for potential fraud indicators. When appropriate, officers should also refer cases to Fraud Detection and National Security, according to existing procedures.

1. The rule is not about your first entry. It's any entry.
2. As noted, the rule is in the FAM for DOS. It is not used by USCIS. Therefore, there is no 90 day rule when it comes to AOS.

[Paatay Khan 16]

15 minutes ago, geowrian said:

The rule is not about your first entry. It's any entry.

I was speaking in general, not necessarily first entry. And to answer the rest of your stance, please have a look at this...

 

 

Edited July 22, 2019 by Paatay Khan

[geowrian 22,337]

That's not what was stated originally ("90-day rule applies to when you first entered the U.S "), so i was correcting that.

 

Not sure what that video shows other than spreading the myth.

Edited July 22, 2019 by geowrian

[Paatay Khan 16]

So all the attorneys who are warning/educating people about this rule are spreading a myth? I have lost faith in immigration attorneys from now on.

[arken 4,197]

Myths are the money making machines for attorneys.

[payxibka 10,045]

1 hour ago, arken said:

Myths are the money making machines for attorneys.

YouTube immigration services at it again 

[Dashinka 24,513]

1 hour ago, arken said:

Myths are the money making machines for attorneys.

What they ^^^^^^^^ said!

 

+100

Edited July 22, 2019 by Bill & Katya

[Boiler 45,532]

2 days ago it was Facebook now YouTube, now bearing in mind this happens a lot would there not be many threads where people have been caught up in this issue, if it was an issue?

Edited July 22, 2019 by Boiler

[Mollie09 1,543]

3 hours ago, Paatay Khan said:

So all the attorneys who are warning/educating people about this rule are spreading a myth? I have lost faith in immigration attorneys from now on.

Yes. Blind faith in attorneys is never a good idea.