Planning to do a concurrent filing before 90 days with some valid reasons. Please advise

[gimmievisa 1]

Hello Everyone! 👋 

Hope everyone is doing well and approvals are coming your way.

I married my USC husband in November 2020 (in California) then I travelled after that as I have some work commitments so did not do AOS. I'm back now to the US on holiday from work but as I was here I got an email that they were extending my leave till December 2021 as they are overstaffed and i will not be getting paid hereafter. So is that a good enough reason to apply i130 and AOS before 90 days? I'm aware of the 90 day rule but I have searched online that they do exceptions for immediate relatives with reasons of financial difficulty or medical reasons, etc. Please advice if any of you have any experience in this matter.

 

Thank you and Best Wishes

[Crazy Cat 41,811]

There is no 90 rule for USCIS.  There is no benefit in waiting.  

[gimmievisa 1]

I'm on a B2 tourist visa, so that's a temporary visa 

[Crazy Cat 41,811]

1 minute ago, Djean said:

I'm on a B2 tourist visa, so that's a temporary visa 

There is no 90 rule.  I advise you to file I-485 prior to the expiration of your I-94.  Once you file a proper I-485, you will be granted authorized stay until the I-485 is adjudicated.  

 

Edited July 11, 2021 by Lucky Cat

[HRQX 4,145]

20 minutes ago, Djean said:

I'm aware of the 90 day rule

Like @Lucky Cat said, USCIS does not have a 90 day rule. Here is the USCIS source: 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."

[gimmievisa 1]

1 minute ago, Lucky Cat said:

There is no 90 rule for USCIS.  There is no benefit in waiting.  

https://www.boundless.com/immigration-resources/90-day-rule-explained/#:~:text=To solve that problem%2C USCIS,have misrepresented their original intentions.

 

I hope you are right! But asked around many lawyers they all say to wait 90 days but I also dont think it's necessary to wait any longer I wish someone can tell me from their experience and if they had challenges.  Because if you apply AOS while on a B2 visa you are considered to misrepresent your intentions while entering US

[gimmievisa 1]

1 minute ago, HRQX said:

Like @Lucky Cat said, USCIS does not have a 90 day rule. Here is the USCIS source: 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."

Wow really I really hope you are right then I feel more optimistic about this. Thank you

[Crazy Cat 41,811]

5 minutes ago, Djean said:

https://www.boundless.com/immigration-resources/90-day-rule-explained/#:~:text=To solve that problem%2C USCIS,have misrepresented their original intentions.

 

I hope you are right! But asked around many lawyers they all say to wait 90 days but I also dont think it's necessary to wait any longer I wish someone can tell me from their experience and if they had challenges.  Because if you apply AOS while on a B2 visa you are considered to misrepresent your intentions while entering US

Your intent was established when you entered the US.  Unless you misrepresented yourself at time, there is no issue.  Many, many, many member here have adjusted status from a B2.  I have NEVER seen anyone experience an issue,

[Crazy Cat 41,811]

***I have moved this topic to Adjustment of Status from Work, Student, and Tourist Visas*****

[Crazy Cat 41,811]

15 minutes ago, Djean said:

But asked around many lawyers they all say to wait 90 days

Not all attorneys know what they are talking about.  We see it often here. 

[Crazy Cat 41,811]

One more thing:  It is illegal to enter the US via a tourist visa with the intent to stay and adjust status.  If that was not your intent when you entered, it is completely legal to adjust status.  

[gimmievisa 1]

28 minutes ago, Lucky Cat said:

One more thing:  It is illegal to enter the US via a tourist visa with the intent to stay and adjust status.  If that was not your intent when you entered, it is completely legal to adjust status.  

Ok that's the thing. I entered on a tourist visa but things changed while in US the past 30days. I just want to if anyone has done their AOS while on tourist visa before 90 days

[Joe30 17]

I posted this same question. I was concerned too but 90 day rule is not a USCIS regulation

[Ontarkie 14,217]

17 minutes ago, Djean said:

Ok that's the thing. I entered on a tourist visa but things changed while in US the past 30days. I just want to if anyone has done their AOS while on tourist visa before 90 days

You are here. Intent is determined at entry. They let you in so it is no longer an issue. That is all long as you did not lie to them on entry. 

 

As you said more than once. Your plans changed and your are now wanting to AOS. This is allowed. The faster you get started the better. 

[Nitas_man 3,100]

1 hour ago, Djean said:

Ok that's the thing. I entered on a tourist visa but things changed while in US the past 30days. I just want to if anyone has done their AOS while on tourist visa before 90 days

Many have entered, made a decision to marry, and adjusted status.  Situations change.