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

[Crazy Cat 42,418]

1 minute ago, Jaypatel8110 said:

Ty !

I think you need to read the entire article before thanking me. 

 

5 minutes ago, Jaypatel8110 said:

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

There is no "re-entry".......every entry is independently an entry.

[Crazy Cat 42,418]

14 minutes ago, 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 . 

and before you came back from the celebration, you planned to adjust status after re-entering the US via an F-1....correct?

Edited January 10, 2020 by missileman

[igoyougoduke 1,676]

3 hours ago, Jaypatel8110 said:

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 

 

1 hour ago, Jaypatel8110 said:

 

@missileman On F1 visa with STEM OPT Work visa permit 

Lol you intent was not clearly F1. You wanted to file AOS based on marriage but you used F1 to enter US  . No one enter US on F1 with a preconceived intent to marry. you basically violated your visa terms

Edited January 10, 2020 by Donald120383

[Crazy Cat 42,418]

(Crickets)

[Danny10 14]

45 minutes ago, Jaypatel8110 said:

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

You had the wedding in India per local customs and traditions but chose to not register the marriage there. You may be asked why you did that? ( I'm assuming you're using the pictures as evidence of bonafide marriage).

Most ppl get married in US(simple courthouse style) and then travel to their homeland to celebrate with family later.

[Nat&Amy 623]

1 hour ago, Donald120383 said:

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.

In my first response to OP, I highlighted that entering with a nonimmigrant visa with intent to stay is fraud. And again... This is not even a matter of being "against it". It's the law. Using a nonimmigrant visa to enter the country with immigrant intent is fraud. The OP knows it, I know it, everyone knows it. There is nothing to be confused about, so in all honesty, I don't know what the OP is expecting us to say other than the obvious.

Edited January 10, 2020 by Nat&Amy

[Ontarkie 14,512]

~~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 questions or move on. Badgering the OP about Intent is over it no longer applies.Further similar comments will result in suspension.~~

[Nat&Amy 623]

Apologies to the mods if any of my posts came across as "badgering the OP". Perhaps I should have worded my responses better.

 

OP, you ask if Immigration will suspect fraud because of the whole "90 day" thing. No, that's an obsolete notion. Normally, when people using a temporary visa go through PoE, they get asked how long they are planning to stay and why, and those answers are recorded in the system and might or might not get revisited by the AoS officer adjudicating your case.

 

Obviously, if they detect you misused your visa, they might give you a hard time. Does it happen often? No. Will it happen to you? Impossible to tell. The only thing we can recommend is: don't lie, don't answer with half truths. If that is enough to cause confusion in an internet forum, you bet there are more serious consequences irl.

 

[SalishSea 18,170]

16 minutes ago, Nat&Amy said:

The only thing we can recommend is: don't lie, don't answer with half truths. If that is enough to cause confusion in an internet forum, you bet there are more serious consequences irl.

Excellent point.

[azblk 338]

5 hours ago, Jaypatel8110 said:

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 

Wait for 90 days to pass then file your AOS

[Orangesapples 1,954]

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. 

 

Your intent while crossing the border is irrelevant because now you're an immediate relative and your intent is ignored. All that matters now is you proving that your marriage is real and that your wife makes enough money for the affidavit of support. Ignore everything else in this thread, you're not in trouble. 

[CDNgirl09 53]

22 minutes ago, Orangesapples said:

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. 

 

Your intent while crossing the border is irrelevant because now you're an immediate relative and your intent is ignored. All that matters now is you proving that your marriage is real and that your wife makes enough money for the affidavit of support. Ignore everything else in this thread, you're not in trouble. 

Honestly, I hate coming across threads like this. Everyone bouncing off of each other's comments and badgering the OP for asking an honest question. I thought the purpose of this forum was to learn more about the process by asking questions, raising concerns and seeking advice, not to get bullied by a mob. "That's why people from your country are denied visas..." I mean really...

 

OP, you can file for AOS now that you are the spouse of a USC and in the US. I suggest waiting a few months to collect evidence, get a copy of your marriage certificate and get your affairs in order. If you can afford it, get a consultation with a lawyer (~$100). Best of luck to you!

[Boiler 46,198]

Obviously the main issue here relates to the VJ ToS.

 

However back to basics, OP is in the US, Married and can file to adjust and follow the normal procedure as specified in the VJ Guides. The 90 Day thingy seems one of those things that refuse to die.

[TBoneTX 46,209]

Thread is locked for review.

[Ontarkie 14,512]

~~Two more pages of comments have been removed several suspensions issued. This thread will remain locked. To jaypatel8110 when you are ready to start your process start a new thread for those questions. Members are warned that no part of this thread is to follow to future threads.~~