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Filed: AOS (pnd) Country: Colombia
Timeline
Posted

My wife came last year in February to visit here in SC. At the time we were not married and she was supposed to leave 3 weeks later. She did not leave and we decided to get married later and filed AOS. For the interview how hard is it to prove there was no intent to commit fraud and for those who have adjusted with tourist visa what kinds of questions were you asked?  Is it ok to just say we decided she would stay??  Thank you for responding 

Filed: AOS (pnd) Country: Colombia
Timeline
Posted
15 minutes ago, aaron2020 said:

If you are a US citizen, then this is not a problem.  Answer honestly if asked. 

Why is it not a problem?  Will they not care she had a ticket to leave 3 weeks later and didn’t?  Thanks so much for replying 

Filed: Country: Vietnam (no flag)
Timeline
Posted
2 minutes ago, Xjaguar23 said:

Why is it not a problem?  Will they not care she had a ticket to leave 3 weeks later and didn’t?  Thanks so much for replying 

Google Matter of Cavazos and Matter of Battista.  USCIS can not deny the adjustment of status of an Immediate Relative of a USC for immigrant intent unless they have proof that the person lied to enter the US.  

Filed: AOS (pnd) Country: Colombia
Timeline
Posted
11 minutes ago, aaron2020 said:

Google Matter of Cavazos and Matter of Battista.  USCIS can not deny the adjustment of status of an Immediate Relative of a USC for immigrant intent unless they have proof that the person lied to enter the US.  

But she wasn’t my spouse when she arrived

Filed: Citizen (pnd) Country: Brazil
Timeline
Posted
1 hour ago, Xjaguar23 said:

This all makes no sense to me. So what’s the deal with the 90 day rule?  It says to wait 90 days to file for AOS to prove no bad intent. 

There's no 90 days rule.

Posted
5 hours ago, Xjaguar23 said:

It says to wait 90 days to file for AOS to prove no bad intent.

USCIS definitely doesn't have a 90 day "rule." https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 "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."

 
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