90 day rule question

[arken 4,197]

10 minutes ago, Duke & Marie said:

You are not permitted to file AOS if she went home to get her birth certificate so that y’all could file AOS.

 

thats classified as visa fraud, your not permitted to enter on a non immigration visa with intent to adjust 

Fear factor is going much around here in VJ. Yes one is not allowed to enter US on a non immigrant visa to do AOS, but that intent is to be determined at the POE and she is now already in the US. 

She got two choice:

1. File for AOS here

2. Pursue consular processing

 

Why would one go for 2 when 1 is applicable? I suggest OP to just go with AOS without worrying much.

 

[Duke & Marie 1,389]

24 minutes ago, arken said:

Fear factor is going much around here in VJ. Yes one is not allowed to enter US on a non immigrant visa to do AOS, but that intent is to be determined at the POE and she is now already in the US. 

She got two choice:

1. File for AOS here

2. Pursue consular processing

 

Why would one go for 2 when 1 is applicable? I suggest OP to just go with AOS without worrying much.

 

F1 Visa requirements in regard to AOS clearly states

 

While you are in the United States, receiving a change of status from USCIS does not require you to apply for a new visa.  However, once you depart the United States you must apply for a new visa at a U.S. Embassy or Consulate in the appropriate category for your travel.

 

AOS is limited to those who entered whilst complying with all immigration laws.

 

how do you propose to say she complied with the F1 visa requirement for AOS that clearly states that If she leaves after marriage she must obtain a new visa in the correct catigory for travel, when she didn’t? By lying and saying there was no intent to adjust when she re-entered after getting her birth certificate? Again visa fraud. 

 

I bet if asked at POE purpose, she said for study and not AOS because if she had of they’d of turned her around.. again, misrepresentation of intent.

Edited February 12, 2020 by Duke & Marie

[Mollie09 1,543]

If she's already here, intent was determined at POE and is moot.

If this is your plan, it's immigration fraud.

 

Wasn't clear to me which one it was.

[Boiler 46,198]

The PoE determine immigrant intent, not VJ.

[Duke & Marie 1,389]

Just now, Mollie09 said:

If she's already here, intent was determined at POE and is moot.

If this is your plan, it's immigration fraud.

 

Wasn't clear to me which one it was.

What wasn’t clear? The bit where they said they got married but she had to go home and get the birth certificate so they could file for AOS? 

 

 

[Mollie09 1,543]

Just now, Duke & Marie said:

What wasn’t clear? The bit where they said they got married but she had to go home and get the birth certificate so they could file for AOS? 

 

 

Wasn't clear (to me) if she was back already, or if they were considering that as a plan.

If it's the former, there is no 90-day rule, intent was determined at POE, and they can file. If it's the former, it's fraud and they shouldn't do it.

[arken 4,197]

7 minutes ago, Duke & Marie said:

F1 Visa requirements in regard to AOS clearly states

 

While you are in the United States, receiving a change of status from USCIS does not require you to apply for a new visa.  However, once you depart the United States you must apply for a new visa at a U.S. Embassy or Consulate in the appropriate category for your travel.

 

This has nothing to do with AOS. It simply says if one files for change of status from F1 to other category like H1B, B1/B2 or other, they have to apply for the new visa in that category if they depart US and want to come back.

 

 

7 minutes ago, Duke & Marie said:

I bet if asked at POE purpose, she said for study and not AOS because if she had of they’d of turned her around.. again, misrepresentation of intent.

 

We can’t say she lied at POE unless we know what was asked and what she said. Besides, who are we to decide that. That’s POE officers job, if they let her in, she is all good to do whatever she wants legally.

[arken 4,197]

4 minutes ago, Duke & Marie said:

What wasn’t clear? The bit where they said they got married but she had to go home and get the birth certificate so they could file for AOS? 

 

 

This case is no different than people who come on a tourist visa, bring birth certificates with them and file for AOS through immediate relatives petition.

 

As said, she got admitted, her intent was determined by the CBP and that’s what it matters now.

[Duke & Marie 1,389]

2 minutes ago, Mollie09 said:

Wasn't clear (to me) if she was back already, or if they were considering that as a plan.

If it's the former, there is no 90-day rule, intent was determined at POE, and they can file. If it's the former, it's fraud and they shouldn't do it.

Exactly, the plan after getting married in USA was to adjust, but they couldn’t she needed the birth certificate, so she went to home country to get it, so they could adjust when she got back.. 

[Mollie09 1,543]

9 minutes ago, Duke & Marie said:

Exactly, the plan after getting married in USA was to adjust, but they couldn’t she needed the birth certificate, so she went to home country to get it, so they could adjust when she got back.. 

Right. If she's already back it doesn't matter.

[bmqsg5h3 12]

At their AOS interview, a picky USCIS officer will ask them why her last entry on F1 was after their marraige. It is unlikely to happen. But, prepare for it.

[Suze1 366]

Okay, a few things, just to be clear -

 

1) As already mentioned, there is no "90 Day Rule".  Stop worrying about it.

2) Issues of intent are determined by Customs and Border Patrol AT the border. If she was inspected and admitted, intent is no longer an issue, and she is good to go, provided YOU are a US citizen.

3) If she is in the country now on an F1 after having been inspected and admitted at the border, without all required documents, then try to get/order those missing documents without leaving the country, online or otherwise,  and/or have them sent to your permanent residence in your home country and let they mail them to you here, if necessary.

4) Once she has all required documents, file for adjustment of status (AOS).

 

 

[geowrian 22,338]

She committed fraud by leaving and returning with intent to stay. Seems like CBP incorrectly determined intent.

Preconceived intent is not a sole reason for denial of an I-485 in her circumstances.

 

And people wonder why their friends and relatives get denied visas due to immigrant intent. 🤷‍♂️

[Suze1 366]

If she came back to continue her F1 authorized studies, and is back now, then she is good to go.

In the case of spouses of US citizens, her intent, and possible intent-only fraud if there was any, will/would be overlooked...as a direct benefit of being married to a US citizen.

(We have been over this.)

Edited February 12, 2020 by Suze1

[Duke & Marie 1,389]

43 minutes ago, geowrian said:

She committed fraud by leaving and returning with intent to stay. Seems like CBP incorrectly determined intent.

Preconceived intent is not a sole reason for denial of an I-485 in her circumstances.

 

And people wonder why their friends and relatives get denied visas due to immigrant intent. 🤷‍♂️

It’s highly annoying.. it’s no different than me going there next month on vacation after packing up here, and saying blah, sod waiting I’ll adjust while there.. so long as CBP let me in, it’s all good, 🙄

 

its not just a reason why visas are getting harder to get, it’s a reason why those who follow due process get highly annoyed... why should I have to wait 2 years to be with my husband, when rule breakers get to be with theirs straight away.. system is so messed up.