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Filing AOS After Rentery on F1 Visa (After New 90 Day Rule)

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

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JACKP Explorer

JACKP   56

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Filed: Citizen (apr) Timeline
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Hi All,

I am in serious confusion after reading a ton on new 90 Day rule for filing Adjustment of status after reentering into USA . Please Help me OUT .

 

Background- 

I came into USA in Dec 2015 on F1 Student Visa and I am currently a full time employee on STEM OPT. During my say here i fell in love with a girl and she happen to be a US Citizen . We got engaged in FEB 2019 (We Traveled to India for the Celebration with Friends and Family ) . And we again went back to India this DEC 2019 For Wedding Celebration . After returning back to USA on Jan 2 , 2020 we got legally married on Jan 06 , 2020 . And now we are planning to apply for AOS based on our Marriage this week. (During my entire stay in USA , I travel out of USA 3 times ) .

 

My serious concern here is will the new 90 Rule hunt me here as i reentered the states on Jan 02 ,2020 AND soon got married after reentry and now applying for AOS GC . Will it be considered a fraud if i apply right now ? Or should i just go ahead and file AOS as my Visa is getting expire in 8 months from NOW .

 

Suggestions are very much appreciated , Thank you 

  • JACKP changed the title to Filing AOS After Rentery on F1 Visa (After New 90 Day Rule)
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Ontarkie
Ontarkie

~~Mod warning that this has gone on long enough. It no longer matters what his/her intent was before entry. CBP granted entry than the OP is allowed to AOS. Stick to helping with his or hers AOS quest

SalishSea
SalishSea

No, it is not the same.  You came on a nonimmigrant visa with the intent to adjust status.  That is fraud.  "All you other guys" came on K-1s or CR/IR-1s.

Orangesapples
Orangesapples

So much nonsense in this thread. OP, you can file for AOS tomorrow and you'll be fine. Go ahead and send do it as soon as possible, so that you can get your green card as soon as possible.   

Nat&Amy Collaborator

Nat&Amy   623

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Filed: Citizen (apr) Country: Brazil
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Posted (edited)

Forget the 90 day rule. Main issue here is that you re-entered the country with a non immigrant visa when your plan was to actually stay and adjust status. That's where the fraud resides.

 

Were you asked any questions at the POE? How did you respond?

 

Edited by Nat&Amy
geowrian Grand Master

geowrian   22,338

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Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Did you intend to stay / file for AOS at the time you entered the country?

 

No questions were asked? I'm a USC (therefore guaranteed entry), and they still at least ask me something.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

JACKP Explorer

JACKP   56

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Filed: Citizen (apr) Timeline
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Posted

@geowrian  . There was no intent , Yes take asked me but not related to this topic , They asked 

 

1) Where do u work 

A-  JP morgan chase 

2) Full time

A- Yes

3)Is you last Job and current job company related ?

A-NO

4) When was the last time you traveled out of USA?

A-Feb 2019

5) How many days did u stay in INDIA in this visit

A - 20 Days

 

And thats all they asked me. 

I am a Cal State Student as Well :) 

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
6 minutes ago, Jaypatel8110 said:

@geowrian  . There was no intent 

So you went abroad to have a wedding celebration, returned to the US to legally marry, then are planning to file AOS days later.

 

And also you were planning to file for AOS back in October 2019.

 

Makes sense.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

JACKP Explorer

JACKP   56

Posted
Filed: Citizen (apr) Timeline
  • Author
Posted

 

7 minutes ago, geowrian said:

So you went abroad to have a wedding celebration, returned to the US to legally marry, then are planning to file AOS days later.

 

And also you were planning to file for AOS back in October 2019.

 

Makes sense.

Is this now considered offence , i m scared !! . If so ,  what should i do ?

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geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
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Posted
23 minutes ago, Jaypatel8110 said:

Yes at some point in future as i had the celebration already 

That's what confuses me. Did you stop intending to file for AOS on/after October 8th, but then decided to do so again on/after Jan. 2nd? Why the change to no longer file, then why the change to want to file again?

I hope you can see why that seems pretty far fetched.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

JACKP Explorer

JACKP   56

Posted
Filed: Citizen (apr) Timeline
  • Author
Posted
2 minutes ago, geowrian said:

That's what confuses me. Did you stop intending to file for AOS on/after October 8th, but then decided to do so again on/after Jan. 2nd? Why the change to no longer file, then why the change to want to file again?

I hope you can see why that seems pretty far fetched.

Changed the mind to file later as we wanted to celebrate India first . 

Crazy Cat Grand Master

Crazy Cat   42,418

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Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
11 minutes ago, Jaypatel8110 said:

Am i in trouble now 😨 ?

Sorry.  I am a little confused.  On what basis did you LAST enter the US?

"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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