Have to wait 3 months to file?

[dreamsicle 0]

Long story short, married spontaneously while he was on his trip in the US to see me, now he’s my husband and is here and we planned to adjust status. We spoke to a lawyer to get rid of some doubt who said we had to wait three months after we marry to submit the CR1 + AOS paperwork. I thought it was immediately after receiving the marriage certificate one could send in the forms? Does anyone have any experience with this?

Edited October 3, 2022 by dreamsicle

[Lil bear 4,094]

18 minutes ago, dreamsicle said:

Long story short, married spontaneously while he was on his trip in the US to see me, now he’s my husband and is here and we planned to adjust status. We spoke to a lawyer to get rid of some doubt who said we had to wait three months after we marry to submit the CR1 + AOS paperwork. I thought it was immediately after receiving the marriage certificate one could send in the forms? Does anyone have any experience with this?

CR1 is a spouse visa for spouse outside the US. AOS requires I130 petition and AOS paperwork 

 

Is he planning on returning to his home country or remaining in the US and applying to Adjust his status based on marriage to a USC? 2 different processes 

 

File as soon as you have paperwork. Apply for work authorization and travel document concurrently. AOS is taking up to 2 years .. Travel doc and work authorization taking 8 months  ish. During this 8 months he cannot work, probably wont get a drivers licence, cant renter the US if he leaves( results in abandoning the AOS). Can be a long demoralizing 8 months  

Edited October 3, 2022 by Lil bear

[dreamsicle 0]

8 minutes ago, Lil bear said:

CR1 is a spouse visa for spouse outside the US. AOS requires I130 petition and AOS paperwork 

 

Is he planning on returning to his home country or remaining in the US and applying to Adjust his status based on marriage to a USC? 2 different processes 

 

File as soon as you have paperwork. Apply for work authorization and travel document concurrently. AOS is taking up to 2 years .. Travel doc and work authorization taking 8 months  ish. During this 8 months he cannot work, probably wont get a drivers licence, cant renter the US if he leaves( results in abandoning the AOS). Can be a long demoralizing 8 months  

yes, i meant i-130. sorry. and yes, we’re aware of the lengthy timeframe. i guess my question is the exact same but replace cr1 with i-130. he was here originally on his b2 visa to visit for my birthday and one thing led to another. lawyer said we need to wait three months before filing? which i haven’t necessarily heard of.

[Lil bear 4,094]

Just now, dreamsicle said:

yes, i meant i-130. sorry. and yes, we’re aware of the lengthy timeframe. i guess my question is the exact same but replace cr1 with i-130. he was here originally on his b2 visa to visit for my birthday and one thing led to another. lawyer said we need to wait three months before filing? which i haven’t necessarily heard of.

Urban myth. File asap. 

[Lil bear 4,094]

Moved to AOS from tourist visa.. as this reflects the  OPs situation 

[Timona 4,202]

@Crazy Cat

[powerpuff 6,484]

I hope you will not retain this attorney 

[dreamsicle 0]

30 minutes ago, powerpuff said:

I hope you will not retain this attorney 

especially not after this.

[Crazy Cat 41,349]

32 minutes ago, dreamsicle said:

especially not after this.

1.  Fire the attorney.

2.  Follow the steps in the following guide:

 

Step-by-Step Guide on Filing an I-130 for a Spouse Inside the US - US Immigration & Visa Guides - VisaJourney

[rikkitikkitavi 0]

To the best of my knowledge, anyone coming in on a tourist visa does need to wait 90 days before filing for AOS. This is the State Department's 90-day rule. More here: https://cliniclegal.org/resources/ground-inadmissibility-and-deportability/uscis-incorporates-state-departments-90-day-rule

The basic idea is that when someone applies for or enters on a tourist visa, they are declaring nonimmigrant intent. Applying for permanent residence is inconsistent with that. If someone applies for a green card or does anything else inconsistent with nonimmigrant intent within 90 days of entering the US, the presumption is that they misrepresented their intent when they applied for the tourist visa and used it to enter the US. 

To be sure, the 90-day rule is not a binding principle and the presumption of material misrepresentation can be rebutted. But it is a rule used by USCIS officers to adjudicate admissibility, and there is no reason to ask for trouble by violating it.  

 

 

[Mike E 11,734]

45 minutes ago, rikkitikkitavi said:

   
To be sure, the 90-day rule is not a binding principle and the presumption of material misrepresentation can be rebutted. But it is a rule used by USCIS officers to adjudicate admissibility, and there is no reason to ask for trouble by violating it.  

 

 

The State department has no authority over Homeland security. Each department has a separate secretary who answers only to the president and since DHS was created by Congress no president  has required the secretary of DHS to answer to the Secretary of State. 

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 makes it clear that there is no USCIS 90 day rule.  
 

Consular Officers will insist their 90 day rule is in effect, but the enforcement by State  is meaningless.  

 

Edited October 24, 2022 by Mike E