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90 Day Rule F1 AOS Filing Question

By smpgr in Adjustment of Status from Work, Student, & Tourist Visas

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jm1409 Contributor

jm1409   4

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Filed: IR-1/CR-1 Visa Country: Brazil
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4 hours ago, Lil bear said:

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 !

yeah i thought lawyers would be a reliable source though :(

IR-1/CR-1 Visa
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Service Center : Nebraska Service Center
Transferred? Potomac Service Center on 2022-07-01
Consulate : Rio de Janeiro, Brazil
Marriage (if applicable): 2022-06-21
I-130 Sent : 2022-06-29
I-130 NOA1 : 2022-06-29
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Crazy Cat
Crazy Cat

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.    

Crazy Cat
Crazy Cat

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 Statu

arken
arken

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.

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Lil bear Mentor

Lil bear   4,181

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12 minutes ago, jm1409 said:

yeah i thought lawyers would be a reliable source though :(

They need paying clients to get income .. so telling a potential client “you really don't need me” is not going to pay the bills .. telling them “Oh no .. you could encounter this  .. “ might .. 

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jm1409 Contributor

jm1409   4

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Filed: IR-1/CR-1 Visa Country: Brazil
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3 hours ago, Lil bear said:

They need paying clients to get income .. so telling a potential client “you really don't need me” is not going to pay the bills .. telling them “Oh no .. you could encounter this  .. “ might .. 

fair points! so maybe i've been misled. 😄

 

so what IS this '90 day rule' that people talk about then? is it some rumor?

Edited by jm1409
IR-1/CR-1 Visa
Event Date
Service Center : Nebraska Service Center
Transferred? Potomac Service Center on 2022-07-01
Consulate : Rio de Janeiro, Brazil
Marriage (if applicable): 2022-06-21
I-130 Sent : 2022-06-29
I-130 NOA1 : 2022-06-29
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Lil bear Mentor

Lil bear   4,181

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22 minutes ago, jm1409 said:

fair points! so maybe i've been misled. 😄

 

so what IS this '90 day rule' that people talk about then? is it some rumor?

Urban myth.. no matter how many times its debunked it grows a new head ! 

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jm1409 Contributor

jm1409   4

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Filed: IR-1/CR-1 Visa Country: Brazil
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11 hours ago, Lil bear said:

Urban myth.. no matter how many times its debunked it grows a new head ! 

hmm, a quick google search did find me this.... or is this something different?

 

image.thumb.png.ca7209a8a8ced00475aecf4c556bf83f.png

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

also, this: https://cliniclegal.org/resources/ground-inadmissibility-and-deportability/uscis-incorporates-state-departments-90-day-rule

IR-1/CR-1 Visa
Event Date
Service Center : Nebraska Service Center
Transferred? Potomac Service Center on 2022-07-01
Consulate : Rio de Janeiro, Brazil
Marriage (if applicable): 2022-06-21
I-130 Sent : 2022-06-29
I-130 NOA1 : 2022-06-29
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Crazy Cat Grand Master

Crazy Cat   41,811

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1 minute ago, jm1409 said:

hmm, a quick google search did find me this.... or is this something different?

 

image.thumb.png.ca7209a8a8ced00475aecf4c556bf83f.png

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7

This is after entering the US via K-1 visa.  You MUST marry within 90 days after entry to comply with the terms of the K-1. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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jm1409 Contributor

jm1409   4

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Filed: IR-1/CR-1 Visa Country: Brazil
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or this: http://myattorneyusa.com/dos-90-day-rule-for-presumption-of-misrepresentation

 

image.thumb.png.f83a2c7d64e030f73365e2dc4f36958c.png

 

8 minutes ago, Crazy Cat said:

This is after entering the US via K-1 visa.  You MUST marry within 90 days after entry to comply with the terms of the K-1. 

ah yes you are right on that - how about the other ones i just posted?

IR-1/CR-1 Visa
Event Date
Service Center : Nebraska Service Center
Transferred? Potomac Service Center on 2022-07-01
Consulate : Rio de Janeiro, Brazil
Marriage (if applicable): 2022-06-21
I-130 Sent : 2022-06-29
I-130 NOA1 : 2022-06-29
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Crazy Cat Grand Master

Crazy Cat   41,811

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Filed: Citizen (apr) Country: Taiwan
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2 minutes ago, jm1409 said:

or this: http://myattorneyusa.com/dos-90-day-rule-for-presumption-of-misrepresentation

 

image.thumb.png.f83a2c7d64e030f73365e2dc4f36958c.png

 

This is a DOS (Department of State) rule.  USCIS is not bound by DOS rules.....

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Chancy Grand Master

Chancy   6,241

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Filed: IR-1/CR-1 Visa Country: Philippines
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19 minutes ago, jm1409 said:

how about the other ones i just posted?

 

People applying for AOS are not applying for a visa from DOS.  Before USCIS removed all reference to the DOS rule, here's what the USCIS policy manual actually said -- "The U.S Department of State’s 90-Day Rule [...]  This DOS 90-day rule is not binding on USCIS."  https://web.archive.org/web/20190423205101/https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

 

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