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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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geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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Just now, Jaypatel8110 said:

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

Right. You planned to file for AOS at some point after leaving the US.

That's why I'm confused because I asked "Did you intend to stay / file for AOS at the time you entered the country?" and you responded "There was no intent". Was the intent to file for AOS meant to be at a future entry? And if so, on what visa if not F-1/OPT?

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

 

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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.   

JACKP Explorer

JACKP   56

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Filed: Citizen (apr) Timeline
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21 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.

 

1 minute ago, geowrian said:

Right. You planned to file for AOS at some point after leaving the US.

That's why I'm confused because I asked "Did you intend to stay / file for AOS at the time you entered the country?" and you responded "There was no intent". Was the intent to file for AOS meant to be at a future entry? And if so, on what visa if not F-1/OPT?

Yeah, i am still confused but i am on  F-1/OPT and planing to FILE AOS on same status

 

Nat&Amy Collaborator

Nat&Amy   623

Posted
Filed: Citizen (apr) Country: Brazil
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Posted
49 minutes ago, Jaypatel8110 said:

 

Yeah, i am still confused but i am on  F-1/OPT and planing to FILE AOS on same status

 

There isn't much to be confused about. What was your plan when you entered the US the last time? Return to India to get married? Get married in the US and return to India? Get married in the US and stay in the US?

igoyougoduke Experienced

igoyougoduke   1,676

Posted
Filed: Lift. Cond. (apr) Timeline
Posted

OP has clearly indicated he wants to do AOS but wanted to go to India for an Indian wedding. OP entered on F1 with an immigrant intent.  OP has clearly violated his non immigrant F1 status.  I saw a lot of bashing on the forum for a similar situation where @moosers wanted to do the same thing and everyone was against it. 

duh

JACKP Explorer

JACKP   56

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Just now, Jorgedig said:

OP:  this is immigration fraud, and a big part of the reason why people from your country are denied US visas.

Sorry to say but i dont get it  , the intent was same as all of you guys who got married on other visa . Its just i went out for small celebration and then wanted to do legal procedures. I am here from for like 5 years now . Would i b right if i did the AOS before travelling . 

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SalishSea Grand Master

SalishSea   18,170

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Filed: Lift. Cond. (apr) Country: New Zealand
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Just now, Jaypatel8110 said:

Sorry to say but i dont get it  , the intent was same as all of you guys who got married on other visa . Its just i went out for small celebration and then wanted to do legal procedures. I am here from for like 5 years now . Would i b right if i did the AOS before travelling . 

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.

JACKP Explorer

JACKP   56

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Posted
1 minute ago, milimelo said:

Two weddings will raise eyebrows. If you’re already married in India, what status did you put on marriage license in the US? 

Its not two wedding , its just one . I travel earlier to celebrate as all the close family where present at that point of time 

Crazy Cat Grand Master

Crazy Cat   42,418

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Filed: Citizen (apr) Country: Taiwan
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Relevant to this subject is what USCIS looks at when a person files for adjustment of status.  This attorney has some information:

 

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

"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.. 
 

JACKP Explorer

JACKP   56

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Filed: Citizen (apr) Timeline
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Posted
1 minute ago, Jorgedig said:

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.

I came many years back , i met her this year . That is 4 year later . Its just a reentry 

JACKP Explorer

JACKP   56

Posted
Filed: Citizen (apr) Timeline
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1 minute ago, missileman said:

Relevant to this subject is what USCIS looks at when a person files for adjustment of status.  This attorney has some information:

 

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

Ty !

Timona Experienced

Timona   4,208

Posted
Filed: Citizen (apr) Country: Kenya
 Timeline
Posted

They give STEM OPTs to work at a bank? Just asking

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

SalishSea Grand Master

SalishSea   18,170

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
Just now, Jaypatel8110 said:

I came many years back , i met her this year . That is 4 year later . Its just a reentry 

Doesn't matter when you initially arrived.  The point is that for this most recent entry (on a nonimmigrant visa), you had the intent to adjust status.

geowrian Grand Master

geowrian   22,338

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

I came many years back , i met her this year . That is 4 year later . Its just a reentry 

Re-entry is still entry. It doesn't matter if it's the first time or 50th time.

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

 

 
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