90 Day Rule F1 AOS Filing Question

[Crazy Cat 41,811]

I have seen one case, here on VJ, where intent was a factor after entering.  In that case, the spouse was asked specific questions during a secondary inspection at POE.  During the Adjustment of Status interview, the applicant made statements contradicting the previous specific statements (which were on record) she made. That resulted in a misrepresentation charge from USCIS.    I am not sure if that denial was ever resolved.  Like so many others, the OP never returned to give us an update.

Edited March 10, 2022 by Crazy Cat

[jm1409 4]

1 hour ago, Crazy Cat said:

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.

 

 

gotcha. but there's still a chance of being accused of misrepresentation of intent after entering/changing to AOS or is that wrong?

[powerpuff 6,681]

11 minutes ago, jm1409 said:

gotcha. but there's still a chance of being accused of misrepresentation of intent after entering/changing to AOS

He just told you that it can happen.

[jm1409 4]

3 minutes ago, powerpuff said:

He just told you that it can happen.

so intent is determined at the border, but it still can 'come back' after AOS. so it's not only something to consider for at the border, since later it can be brought up. unless i am confused! very possible.

[Crazy Cat 41,811]

19 minutes ago, jm1409 said:

gotcha. but there's still a chance of being accused of misrepresentation of intent after entering/changing to AOS or is that wrong?

Of all the hundreds and hundreds of cases I have seen here on VJ, that is the only one I recall experiencing an issue with intent.....and it was due to specific questioning in a secondary inspection.  The Immigration officers don't normally even ask about it at Adjustment interviews.

Edited March 10, 2022 by Crazy Cat

[Crazy Cat 41,811]

4 minutes ago, jm1409 said:

so intent is determined at the border, but it still can 'come back' after AOS. so it's not only something to consider for at the border, since later it can be brought up. unless i am confused! very possible.

Unless you lied at POE, it isn't even worth thinking about or worrying about. 

Edited March 10, 2022 by Crazy Cat

[Mike E 11,739]

5 minutes ago, jm1409 said:

so intent is determined at the border, but it still can 'come back' after AOS. so it's not only something to consider for at the border, since later it can be brought up. unless i am confused! very possible.

Waiting 90 days to file I-485 doesn’t prevent a USCIS officer from making an accusation.  Because — as I’ve cited in this thread — USCIS has no 90 day rule.  
 

The longer you wait to file I-485 the more likely you will have a period of unauthorized presence. Whereas the sooner you file, the sooner to uncover any filing errors and get to correct them. The higher percentage bet is to file as soon as possible.  

[SalishSea 17,801]

19 hours ago, smpgr said:

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?

You had immigrant intent when you last entered, so technically you should be petitioned for a visa and joint the queue like everyone else.

[SalishSea 17,801]

40 minutes ago, jm1409 said:

gotcha. but there's still a chance of being accused of misrepresentation of intent after entering/changing to AOS or is that wrong?

Of course, if you lied to CBP when you entered the US.

[jm1409 4]

13 minutes ago, Jorgedig said:

Of course, if you lied to CBP when you entered the US.

yeah, makes sense! just wanted to clarify.

 

34 minutes ago, Crazy Cat said:

Unless you lied at POE, it isn't even worth thinking about or worrying about. 

right, i am not worried about that. more-so would be worried in the event of being falsely accused -- i've heard horror stories. but it does seem rare.

[Crazy Cat 41,811]

2 minutes ago, jm1409 said:

yeah, makes sense! just wanted to clarify.

 

right, i am not worried about that. more-so would be worried in the event of being falsely accused -- i've heard horror stories. but it does seem rare.

Where have you heard these horror stories?  

[jm1409 4]

2 hours ago, Crazy Cat said:

Where have you heard these horror stories?  

reddit mostly. also saw some lawyers on youtube advising against this because of their own clients experiences.

[Lil bear 4,181]

1 hour ago, jm1409 said:

reddit mostly. also saw some lawyers on youtube advising against this because of their own clients experiences.

I get all my reliable information from You Tube… dont you ? 🤪. Deep breath. No one on this site has any vested interest except helping you get good information and a successful outcome !

[Crazy Cat 41,811]

2 hours ago, jm1409 said:

reddit mostly. also saw some lawyers on youtube advising against this because of their own clients experiences.

Those are attorneys trying to scare people into hiring them to prevent an issue which won't ever happen.  Visa Journey is filled with members who have adjusted status.  I think finding any who have been accused of misrepresentation difficult. 

[JeanneAdil 6,489]

2 hours ago, jm1409 said:

reddit mostly. also saw some lawyers on youtube advising against this because of their own clients experiences.

and lawyer said clients had issues?  

most i have seen are issues caused by lawyers