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mikafo

Does 90 day rule apply to me

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

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mikafo Rookie

mikafo   6

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Filed: FB-3 Visa Country: France
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Hi,

 

I am in the US on an e-2 visa and will be traveling abroad soon. My priority date will hopefully be current for me to apply to adjust status under family based preference.  Do I need to wait 90 days after entry date to submit my application? Or since I have an e-2 visa that has dual intent can I submit as soon as my date is current?  

 

 

 

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HRQX Veteran

HRQX   4,145

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24 minutes ago, mikafo said:

since I have an e-2 visa that has dual intent can I submit as soon as my date is current?

Yes.

25 minutes ago, mikafo said:

Do I need to wait 90 days after entry date to submit my application?

From USCIS: "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." https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

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Boiler Grand Master

Boiler   45,524

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Filed: K-1 Visa Country: Wales
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E2 is not dual intent. Well I have not heard of a variant that is.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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mikafo Rookie

mikafo   6

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Filed: FB-3 Visa Country: France
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I guess the E-2 is a quasi dual intent visa... you can do it but need to file another form that waives some rights of the e-2 visa.  So have others filed before the 90 days and been approved? I have searched and not found others that adjusted with a E-2 visa under a family preference.  Anyone out there that can share similar experiences would be welcome. 

 

Thanks!

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Boiler Grand Master

Boiler   45,524

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Filed: K-1 Visa Country: Wales
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2 hours ago, mikafo said:

I guess the E-2 is a quasi dual intent visa... you can do it but need to file another form that waives some rights of the e-2 visa.  So have others filed before the 90 days and been approved? I have searched and not found others that adjusted with a E-2 visa under a family preference.  Anyone out there that can share similar experiences would be welcome. 

 

Thanks!

No different in concept from adjusting from a B or VWP and there are plenty of posts about that.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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mikafo Rookie

mikafo   6

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Filed: FB-3 Visa Country: France
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If I understand your advice, I am able to file for AOS before 90 days of my last date of entry and it won't be denied for that reason by USCIS.  I am worried that I get someone who is not familiar with E-2 visa deny me for that reason.  

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payxibka Grand Master

payxibka   10,045

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8 minutes ago, mikafo said:

If I understand your advice, I am able to file for AOS before 90 days of my last date of entry and it won't be denied for that reason by USCIS.  I am worried that I get someone who is not familiar with E-2 visa deny me for that reason.  

A nonimmigrant visa is a nonimmigrant Visa 

YMMV

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Boiler Grand Master

Boiler   45,524

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Filed: K-1 Visa Country: Wales
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What is the significance of the E2.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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randomstairs Community Regular

randomstairs   303

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Filed: Citizen (apr) Timeline
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On 9/19/2019 at 1:29 PM, mikafo said:

 I am worried that I get someone who is not familiar with E-2 visa deny me for that reason.  

The denial isn't even your biggest problem. If it's deemed that you misrepresented your non-immigrant intent you could face visa fraud charges. If E-2 isn't clearly a dual intent visa, you should probably not risk filing I-485 too soon. 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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mikafo Rookie

mikafo   6

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Filed: FB-3 Visa Country: France
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It doesn't make sense that I own a business and work in the the US, spend the majority of my time in the US and a leaving for a quick trip would open me up to fraud charges.   I have been waiting for 12 years so another 60 days is no big deal.  Was hoping to have my AP document to travel during the summer and now cutting it close.  I cant seem to get a straight answer so I think I am just going to wait it out.

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