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30- 60- 90 day rule

#1 vasyl82

vasyl82

    Newbie

  • Pip


Posted 04 December 2010 - 02:23 PM

I was in the US on F-1 status. I left the US, got a new F -1 visa and came back. I got married two weeks after coming back to the country and applied for AOS 65 days. AM I going to be accused of visa fraud?
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#2 rika60607

rika60607

    Platinum Member



Posted 04 December 2010 - 02:46 PM

Are you still in school on valid F-1?

I was in the US on F-1 status. I left the US, got a new F -1 visa and came back. I got married two weeks after coming back to the country and applied for AOS 65 days. AM I going to be accused of visa fraud?


  • 0
CR-1 Timeline
March'07 NOA1 date, case transferred to CSC
June'07 NOA2 per USCIS website!

Waiver I-751 timeline
July'09 Check cashed.
Jan'10 10 year GC received.

#3 vasyl82

vasyl82

    Newbie

  • Pip


Posted 04 December 2010 - 03:16 PM

Are you still in school on valid F-1?

Yes, I am.
  • 0

#4 Nartaki

Nartaki

    Member

  • PipPipPipPip


Posted 05 December 2010 - 01:41 AM

The 30-60-90 Day rule is a bunch of bullshit.

The Matter of Cavazos and Matter of Ibrahim are 2 precedents by which the former INS lived by and the current USCIS lives by. If your spouse is a US Citizen, then in the absence of other adverse factors, you are still eligible to get your greencard even if you had a preconceived intent to remain in this country.
  • 1
04/02/2010: AOS I-130, I-485 and I-765 mailed by UPS 2nd Day Air
04/06/2010: Delivered, Signed by Chiba (Day 1)
04/13/2010: Checks cashed, NOAs received via email and text (Day 7)
04/19/2010: Hard NOAs for I-130, I-485 and I-765 received (Day 13)
04/23/2010: Biometrics Appointment received (Day 17)
05/04/2010: RFE for I-864 received (Day 28)
05/06/2010: RFE for I-864 mailed back (Day 30)
05/12/2010: Case processing resumed (Day 36)
05/14/2010: Biometrics Appointment, I-485 and I-765 touched (Day 38)
05/17/2010: I-485 and I-765 touched (Day 41)
06/08/2010: EAD card production ordered (Day 63)
06/19/2010: EAD card received (Day 74)
07/02/2010: Interview letter received (Day 87)
08/04/2010: Interview (Day 120)==> Approved!!. Card Production Ordered text received
08/21/2010: Greencard received (Day 137)

Eligible for ROC: 05/04/2012
Eligible for Naturalization: 08/04/2013

#5 rika60607

rika60607

    Platinum Member



Posted 05 December 2010 - 07:13 AM

Good,
then think about how you would answer if such accusation was ever brought up.
That you are still in school confirms that you did not use F1 visa for entirely different purpose (marriage based immigration).
You probably had to answer whether you had a fiance(e) in the US at the time when you applied for F1. If you didn't have a fiance(e) (girlfriend/boyfriend is OK), then you did nothing wrong.
They may ask you what caused you to get married in two weeks after coming to US. Have an explanation ready (but do not lie).
USCIS *may* question you about it. But you should be OK.

Yes, I am.


  • 0
CR-1 Timeline
March'07 NOA1 date, case transferred to CSC
June'07 NOA2 per USCIS website!

Waiver I-751 timeline
July'09 Check cashed.
Jan'10 10 year GC received.

#6 vasyl82

vasyl82

    Newbie

  • Pip


Posted 05 December 2010 - 10:44 AM

[quote name='rika60607' timestamp='1291551239' post='4329645']
I let the USCIS know that I have a finance who is a US citizen on F-1 application, but I was never questioned about it. What made me worry is that I submitted my AOS application in October and have not gotten my Biometrics letter yet. I see that people on this website get theirs in a matter of days after receiving NOA 1. Thank you for your reply.
  • 0

#7 payxibka

payxibka

    Supreme Member



Posted 05 December 2010 - 10:57 AM

I was in the US on F-1 status. I left the US, got a new F -1 visa and came back. I got married two weeks after coming back to the country and applied for AOS 65 days. AM I going to be accused of visa fraud?


Not unless you made some sort of a statement at the border where you answered a question that specifically indicated to them that you had no intent to immigrate. If you did so, they might have a case for misrepresentation if they so choose, but it is unlikely that they will even if they did.

Edited by payxibka, 05 December 2010 - 10:58 AM.

  • 0
YMMV

#8 ceadsearc

ceadsearc

    Diamond Member



Posted 05 December 2010 - 05:06 PM

I let the USCIS know that I have a finance who is a US citizen on F-1 application, but I was never questioned about it. What made me worry is that I submitted my AOS application in October and have not gotten my Biometrics letter yet. I see that people on this website get theirs in a matter of days after receiving NOA 1. Thank you for your reply.


Don't worry about that too much. Some offices are slower than others. I don't know about the Baltimore one specifically but the Washington DC one is very slow! If you reach 30 days from NOA without it, you can put in a service request.
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OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

 

CITIZENSHIP

 

Filing in November 2013


#9 vasyl82

vasyl82

    Newbie

  • Pip


Posted 05 December 2010 - 07:04 PM

Don't worry about that too much. Some offices are slower than others. I don't know about the Baltimore one specifically but the Washington DC one is very slow! If you reach 30 days from NOA without it, you can put in a service request.

Thanks a lot for your advice. Which form do I use for service request? How do I do that?
  • 0

#10 ceadsearc

ceadsearc

    Diamond Member



Posted 05 December 2010 - 10:40 PM

Thanks a lot for your advice. Which form do I use for service request? How do I do that?


You call USCIS customer service and let them know you haven't received your biometrics letter yet and it's been more than 30 days, and ask them to place a service request. They'll put it in the system for you. :)
  • 0

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

 

CITIZENSHIP

 

Filing in November 2013


#11 vasyl82

vasyl82

    Newbie

  • Pip


Posted 07 December 2010 - 01:01 PM

You call USCIS customer service and let them know you haven't received your biometrics letter yet and it's been more than 30 days, and ask them to place a service request. They'll put it in the system for you. :)

Thanks for your help. I did call the USCIS and they gave me some kind of tracking number. Your advice was extremely valuable. Since you have gone through the process, can you tell me if my case status will be updates once they send me biometrics letter?
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#12 ceadsearc

ceadsearc

    Diamond Member



Posted 11 December 2010 - 04:09 PM

Thanks for your help. I did call the USCIS and they gave me some kind of tracking number. Your advice was extremely valuable. Since you have gone through the process, can you tell me if my case status will be updates once they send me biometrics letter?


It was in our case, and in other cases I've seen. Our 485 did not show up online with the tracking number at all until we received our biometrics appointment. The same day we went to biometrics, the EAD production was ordered and the 485 showed up online and was able to be tracked. :) Good luck!!
  • 0

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

 

CITIZENSHIP

 

Filing in November 2013




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