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Snirgeu Explorer

Snirgeu   10

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Hello all, 

 

A short search of this forum shows that the 90 day rule is indeed an urban legend, a myth. 

 

A bit of background. I had my I130 petition approved on February 24, 2022. The NVC welcome letter came on April 7. 

In the meantime, my spouse received an E2 and on March 31 we relocated to the US (prior to the welcome letter. Visa was issued February 15, which is nine days before the I130 approval). 

 

Now we need to pay fees for Affidavit of Support and IV on CEAC. 

 

I am hesitant for us to do that as I don't want my spouse to have to return to his home country for the interview and for him to wait for the arrival of the passport following the interview and leave me here alone with our one year old daughter.

 

We are not stressed for time with respect to the GC as he can work on the E2 and the GC will happen when it happens. 

 

Bearing this in mind, I wanted to know whether the 90 day rule truly is irrelevant in our case and we should go for the AOS and stay here as a family or if he should wait to file the AOS until July... 

 

Thanks! 

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Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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***Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.***

 

**Moderator hat off**

 

No such rule appears in the USCIS Adjudicator's Field Manual; in other words, there's no such thing.  If AOS route is available to you now, take it.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Mike E Grand Master

Mike E   11,739

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Filed: Citizen (apr) Country: Myanmar
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https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3
 

Updates

 
Technical Update - Removing References to the U.S. Department of State’s 90-Day Rule

July 16, 2021

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

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Family Mentor

Family   3,991

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10 minutes ago, Snirgeu said:

We are not stressed for time with respect to the GC as he can work on the E2 and the GC will happen when it happens. 

 

17 minutes ago, Snirgeu said:

leave me here alone with our one year old daughter.

 

We are not stressed for time with respect to the GC as he can work on the E2 and the GC will happen when it happens. 

 

Bearing this in mind, I wanted to know whether the 90 day rule truly is irrelevant in our case and we should go for the AOS and stay here as a family or if he should wait to file the AOS until July... 

It is not a myth, just not applied to IR at AOS stage , as of not too long ago…You did everything right ( DIY or Good Legal Rep ) as far as filing I-130 marked for Consular Process and a good E-2 submission …and it is at Consular/CBP that immigrant intent is a factor.

 

You will not be held to scrutiny nor will preconceived immigrant intent hinder the AOS filing..circumstances change for many couples, families as in your case concern for your young child. 
 

Do bear in mind that once your husband files the AOS, he is no longer in E-2 status , but joins the ranks of Pending Adjustment as IR and will wait for I-765 work permit and I-131 Advance Parole …so no travel for a bit…and hopefully USCIS new timelines will shorten. 
 


 

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arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
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6 hours ago, Family said:

Do bear in mind that once your husband files the AOS, he is no longer in E-2 status ,

Filing AOS does not affect the existing E2 status as long as one is maintaining it. One can keep working on E2 status even if one get AOS based EAD. Only when AOS based EAD is used to work or AP is used to enter US, then the person will no longer be on E2 status.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Snirgeu Explorer

Snirgeu   10

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50 minutes ago, arken said:

Filing AOS does not affect the existing E2 status as long as one is maintaining it. One can keep working on E2 status even if one get AOS based EAD. Only when AOS based EAD is used to work or AP is used to enter US, then the person will no longer be on E2 status.

Yes, he will maintain if we do it. 

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Snirgeu Explorer

Snirgeu   10

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8 hours ago, Ryan H said:

***Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.***

 

**Moderator hat off**

 

No such rule appears in the USCIS Adjudicator's Field Manual; in other words, there's no such thing.  If AOS route is available to you now, take it.

As far as I understand AOS is available but i508 will need to be included as well. 

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Mike E Grand Master

Mike E   11,739

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Filed: Citizen (apr) Country: Myanmar
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43 minutes ago, arken said:

Filing AOS does not affect the existing E2 status as long as one is maintaining it. One can keep working on E2 status even if one get AOS based EAD. Only when AOS based EAD is used to work or AP is used to enter US, then the person will no longer be on E2 status.

My understanding from the USCIS field manual and from lawyer  websites  is that it is complicated to file I-485 while holding an E-2.  An additional form has to be filed waiving certain rights and privileges an E-2 gives on. I don’t see any mention of I-508 in the visajourney guides.  Doing   a  search,

 

    i-508 site:Visajourney.com

 

reveals the obstacles, 
 

 

 

 

 

etc. 

 

 

 

 

 

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Demise Proficient

Demise   1,289

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Filed: AOS (apr) Timeline
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3 hours ago, Family said:

https://www.aila.org/File/Related/19050605a.pdf

 

 

Looking at this it looks like I-508 is only required in cases where the employment gives one diplomatic immunity as either a government official or an employee of an international organization. Most E-2s are just workers of multinational companies and do not enjoy immunity.

 

I'd leave it out, and on the off-chance that USCIS wants it, they'd RFE for it.

Contradictions without citations only make you look dumb.

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Family Mentor

Family   3,991

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9 hours ago, Demise said:

I'd leave it out, and on the off-chance that USCIS wants it, they'd RFE for it.

I think the “ old wording “ on that link is a bit clearer in that it spells out “ treaty trader, treaty investor” and privileges of the E-2 ..and VJ link shared by @Mike E shows they definitely want it. 
 

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jm1409 Contributor

jm1409   4

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Filed: IR-1/CR-1 Visa Country: Brazil
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On 4/10/2022 at 8:48 PM, Snirgeu said:

I508 is required. 

 

That wasn't my question. 

 

I was more interested in whether the 90 day thing would be relevant for us. 

doesn't seem like it, nope.

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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