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asub24

Does an overseas trip reset 90 day count on J-1?

By asub24 in Adjustment of Status from Work, Student, & Tourist Visas

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asub24 Newbie

asub24   1

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Hello,

Me(EU citizen here in the US on a J-1) and my partner(US citizen) are planning on getting married so I can get a green card. I wanted to make a trip overseas to see my family one last time before we start the green card process and I have to wait for my travel permit. My J-1 visa is valid until December, so I would exit and re-enter on the same visa. I would tell the officers at the border my intention is to finish out my program and return home after.

Do I need to wait 90 days after re-entering the US to get married? Or could I do it soon after re-entering. Tried to find information online but couldn't find anything conclusive. I would get married and start the green card process to adjust my status.

Chancy Grand Master

Chancy   6,243

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Filed: IR-1/CR-1 Visa Country: Philippines
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On 4/21/2022 at 10:40 PM, asub24 said:

Me(EU citizen here in the US on a J-1) and my partner(US citizen) are planning on getting married so I can get a green card. I wanted to make a trip overseas to see my family one last time before we start the green card process and I have to wait for my travel permit. My J-1 visa is valid until December, so I would exit and re-enter on the same visa. I would tell the officers at the border my intention is to finish out my program and return home after.

 

You would not find the confirmation you want here because what you are planning to do involves fraud.  You are planning to lie to an immigration officer about applying for US entry on a non-immigrant visa while having pre-conceived intent to adjust status.  Don't do it.  If your intent is to adjust status, do not leave the US and lie to CBP on your return.  Marry and apply for AOS now while you are in the US and it is legal for you to do so.  Travel to see your family only after you get your AP travel permit.

 

TBoneTX Grand Master

TBoneTX   46,071

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Filed: Citizen (apr) Country: Ecuador
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Thread is locked for Terms of Service violations.  Do NOT restart this topic or revisit it in any fashion.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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