90 days rule

[Davidmont 1]

Hi,

My husband and I married after I entered the US for 100 days, but because it was right after the "90 days rule", we are slightly worried that USCIS may think this is suspicious. (Of course, we are not!) 
I am currently on an F1 visa and planning to continue as a student. My husband is a US citizen. Is there anybody similar to our case? If so, what is your status on this, or if you have already done it, how long did it take?
Since we already submitted I-130 and I-485, we are just waiting for an update. I understand there is no concrete timeline, but I am just curious if these kinds of cases or circumstances take longer. Thanks. 

 

 

 

 

[Crazy Cat 41,814]

11 minutes ago, Davidmont said:

but because it was right after the "90 days rule", we are slightly worried that USCIS may think this is suspicious.

That is a myth.  There is no 90 day rule for USCIS.  There is no issue from that aspect.  I see no issues.

Edited April 2, 2023 by Crazy Cat

[Boiler 45,451]

K1 has a 90 Day but you mentioned F1

[Sammy_2496 116]

There is no 90 day rule, it's a myth.

[powerpuff 6,686]

~~ Topic moved from CR1/IR1 forum to AOS work/student/tourist visas - this is an AOS case, not CR1 ~~

[TBoneTX 45,260]

A noncontributory post has been removed.

[Mike E 11,739]

20 hours ago, Davidmont said:

My husband and I married after I entered the US for 100 days, but because it was right after the "90 days rule", we are slightly worried that USCIS may think this is suspicious. (Of course, we are not!) 
I am currently on an F1 visa

Did you know your husband before you applied for your F-1 visa?

[Davidmont 1]

Thank you all!

Of course, we have known each other for more than many years...Even before the F-1 visa. But I thought it was not necessary to put the information on this. Anyway, Thanks again!

[Mike E 11,739]

6 hours ago, Davidmont said:

Thank you all!

Of course, we have known each other for more than many years...Even before the F-1 visa. But I thought it was not necessary to put the information on this. Anyway, Thanks again!

During your F-1 interview, did you disclose that you had a fiancé in the U.S.? 

[Davidmont 1]

On 4/21/2023 at 5:20 AM, Mike E said:

During your F-1 interview, did you disclose that you had a fiancé in the U.S.? 

Hi, 

No, they only asked me about my major, college, and my background. But at the time, we did not plan to get married. It just changed after I arrived in the U.S.

[Mike E 11,739]

6 minutes ago, Davidmont said:

Hi, 

No, they only asked me about my major, college, and my background. But at the time, we did not plan to get married. It just changed after I arrived in the U.S.

It does not matter what they asked. What matters is that you had immigration intent when you filed F-1. Your case is not DIY. Find a good lawyer

[W199 333]

On 4/2/2023 at 5:27 PM, Davidmont said:

Hi,

My husband and I married after I entered the US for 100 days, but because it was right after the "90 days rule", we are slightly worried that USCIS may think this is suspicious. (Of course, we are not!) 
I am currently on an F1 visa and planning to continue as a student. My husband is a US citizen. Is there anybody similar to our case? If so, what is your status on this, or if you have already done it, how long did it take?
Since we already submitted I-130 and I-485, we are just waiting for an update. I understand there is no concrete timeline, but I am just curious if these kinds of cases or circumstances take longer. Thanks. 

 

 

 

The 90 day rule has changed over the years and does still exist for the DOS for presuming immigrant intent.  But for USCIS, they got rid of that rule in July 2021.  Now they go by the facts on what happened before or after the 90 days, though they can still go by it at their discretion. 

 

You made a material omission at the F-1 interview hy not disclosing the usa BF even though they didn't ask.  How about the financial support for the school, is your bf/husband paying for your school? If so, would a reasonable person assume you misrepresent that at the F-1 interview?

 

That being said, there have been a couple of court cases that requires USCIS to forgive misrepresentation if married to a US citizen.  You should not have any issues. Plus USCIS is lenient (relative to the DOS)  in this area anyways. Especially since you are still a student and will continue until you graduate, it shows you had true intent to be a student, and its normal to have a change of plans to get married. Many students do it. You'll be fine. 

 

Edited May 13, 2023 by W199

[Davidmont 1]

On 5/13/2023 at 4:51 PM, W199 said:

 

The 90 day rule has changed over the years and does still exist for the DOS for presuming immigrant intent.  But for USCIS, they got rid of that rule in July 2021.  Now they go by the facts on what happened before or after the 90 days, though they can still go by it at their discretion. 

 

You made a material omission at the F-1 interview hy not disclosing the usa BF even though they didn't ask.  How about the financial support for the school, is your bf/husband paying for your school? If so, would a reasonable person assume you misrepresent that at the F-1 interview?

 

That being said, there have been a couple of court cases that requires USCIS to forgive misrepresentation if married to a US citizen.  You should not have any issues. Plus USCIS is lenient (relative to the DOS)  in this area anyways. Especially since you are still a student and will continue until you graduate, it shows you had true intent to be a student, and its normal to have a change of plans to get married. Many students do it. You'll be fine. 

 

Hi W199, 

Thank you for your advice! That's why I couldn't search for the information since it no longer exists! It totally makes sense. 

I am still a student and will continue my education here. AND I have just received approval notification for I-485 this week! Your explanation is right! Thank you so much!

 

Edited May 21, 2023 by Davidmont