90 Day Rule F1 AOS Filing Question

[smpgr 0]

Hi all! I am currently on F1 status and am on my OPT. My girlfriend of 5 years got married last year and we were planning to apply for AOS. However, I recently travelled outside the country and I understand that there is a 90 day rule WRT applying for AOS on single intent visas like the F1. I wanted to know that can we apply like the day after the 90 day period is over or is there a benefit to waiting for a few more days after that.

[Crazy Cat 41,811]

17 minutes ago, smpgr said:

Hi all! I am currently on F1 status and am on my OPT. My girlfriend of 5 years got married last year and we were planning to apply for AOS. However, I recently travelled outside the country and I understand that there is a 90 day rule WRT applying for AOS on single intent visas like the F1. I wanted to know that can we apply like the day after the 90 day period is over or is there a benefit to waiting for a few more days after that.

Actually, it is illegal to enter the US via a non-immigrant route with the intent to stay and adjust status......  There is no 30 day rule....no 60 day rule....no 90 rule for USCIS.  Why would waiting 90 days change the intent you had when entering the US earlier?  What is a "single intent visa"??????    

Edited March 9, 2022 by Crazy Cat

[arken 4,197]

There is no such 90 day rule for the AOS. You can file it today with no issues.

[JeanneAdil 6,489]

are u currently in the US?

[smpgr 0]

 

Just now, JeanneAdil said:

are u currently in the US?

Yes I am currently in the US. I had travelled outside for about a week in late December.

[smpgr 0]

34 minutes ago, Crazy Cat said:

Actually, it is illegal to enter the US via a non-immigrant route with the intent to stay and adjust status......  There is no 30 day rule....no 60 day rule....no 90 rule for USCIS.  Why would waiting 90 days change the intent you had when entering the US earlier?  What is a "single intent visa"??????    

Oh got it. I've been in the US for the last 7 years maintaining my non immigrant status and I only decided to adjust my status once I got married to my now wife who is a US citizen. I had then travelled outside the US for about a week in December so I was just wondering when filing for AOS do we have to wait for "X" number of days from last entry but it seems like that's not the case from your response?

[Crazy Cat 41,811]

2 hours ago, smpgr said:

 

Yes I am currently in the US. I had travelled outside for about a week in late December.

If you are currently in the US, there is no issue with intent....and there is no 90 day rule.  It won't even be discussed during your interview.  You can file . Follow this guide:

 

 

Edited March 10, 2022 by Crazy Cat

[little immigrant 801]

Please allow me to clarify. You married your wife and you planned on going back to your country for spousal visa. Then you traveled back and reentered. Only after that you changed your mind and decided to adjust your status? 

[smpgr 0]

1 hour ago, Crazy Cat said:

If you are currently in the US, there is no issue with intent....and there is no 90 day rule.  It won't even be discussed during your interview.  You can file . Follow this guide:

 

 

Got it thanks a lot! this was helpful.

 

[arken 4,197]

1 hour ago, little immigrant said:

Please allow me to clarify. You married your wife and you planned on going back to your country for spousal visa. Then you traveled back and reentered. Only after that you changed your mind and decided to adjust your status? 

Irrelevant what the mind was thinking at what point now that the OP is in the US. OP can file the AOS with no issues.

[jm1409 4]

1 hour ago, arken said:

Irrelevant what the mind was thinking at what point now that the OP is in the US. OP can file the AOS with no issues.

i thought intent was important in this case?

[Lil bear 4,181]

2 hours ago, jm1409 said:

i thought intent was important in this case?

Intent is assessed by CBP at POE. 

[powerpuff 6,680]

~ Topic moved from Progress Reports to Process ~

[Mike E 11,739]

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3
 

“

July 16, 2021

This technical update to Volume 8 removes all references to the U.S. Department of State’s 90-day rule.”

 

There is no 90 day rule.  

[Crazy Cat 41,811]

12 hours ago, jm1409 said:

i thought intent was important in this case?

Intent is determined at the border when a person enters the US.  Since the OP was allowed to enter, the intent is now moot unless he/she misrepresented himself/herself when entering.

 

 

Edited March 10, 2022 by Crazy Cat