30- 60- 90 day rule

[vasyl82 0]

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?

[rika60607 215]

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?

[vasyl82 0]

Are you still in school on valid F-1?

Yes, I am.

[Nartaki 7]

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.

[rika60607 215]

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.

[vasyl82 0]

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.

[payxibka 10,044]

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 December 5, 2010 by payxibka

[ceadsearc 515]

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.

[vasyl82 0]

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?

[ceadsearc 515]

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.

[vasyl82 0]

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?

[ceadsearc 515]

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!!