short trip to overseas.. does 90 day rule reset?

[Mollie09 1,543]

Intent is determined at POE. She's here, she's free to adjust.

[geowrian 22,335]

1 hour ago, ThomasNC1988 said:

I'm no expert on this but could OP not file I-130 the same as if she were not here and have her finish the process in her home country which would only require a short time apart? That way she is here on a valid visa and gets a new visa that will let her stay or did I miss something?

Yes, the I-130 can be filed anytime after marriage and then complete consular processing abroad.

[Boiler 43,430]

She got lucky, she was admitted, adjust away.

[Orangesapples 1,954]

2 minutes ago, Mollie09 said:

Intent is determined at POE. She's here, she's free to adjust.

Exactly. If she has been admitted to the country, intent is not relevant anymore and OP can just adjust. I don't understand the misinformation here. She has been cleared by CBP, so her intent has already been established. 

 

Intent at the border CANNOT be taken into account while adjusting status as an immediate relative of a US citizen. So she should just apply for AOS and not worry

1 minute ago, geowrian said:

Yes, the I-130 can be filed anytime after marriage and then complete consular processing abroad.

Why? She can stay and adjust, she has been cleared already. Her intent won't be taken into consideration in the slightest. 

[geowrian 22,335]

She was admitted so intent won't be held against her for AOS, true.

At the same time, if one's intent was to adjust status then it would be fraudulent to do so. They just didn't get caught.

[Dashinka 23,238]

45 minutes ago, geowrian said:

She was admitted so intent won't be held against her for AOS, true.

At the same time, if one's intent was to adjust status then it would be fraudulent to do so. They just didn't get caught.

That is what I was wondering.  If at an AOS interview the IO asks about the last US entry, how would it be answered?  Are the IOs not allowed to ask that question?

[geowrian 22,335]

6 minutes ago, Bill & Katya said:

That is what I was wondering.  If at an AOS interview the IO asks about the last US entry, how would it be answered?  Are the IOs not allowed to ask that question?

They can ask. They just won't pursue the issue as the burden is on them to show that some kind of material misrepresentation was made.

If one were to say at the interview "I came to the US to adjust status and lied about intending to return home", then they would be opening up a can of worms. The intent alone cannot be a reason for denial of AOS, but statements made to CBP can still be considered.

Edited October 12, 2018 by geowrian

[SunflowerSweet 1,321]

On a technical and practical level the intent isn’t relevant at this point. As others have mentioned, intent is scrutinized at the border, and your partner was passed through.

 

On a moral level, whatever. In the end that’s not really anyone’s concern but your own. You are good to adjust!

Edited October 12, 2018 by MorganandMichael

[David & Diana R 1,005]

6 hours ago, Mollie09 said:

Intent is determined at POE. She's here, she's free to adjust.

Yeah, wait until the authorities get a load of those "reception photos" from her home country.

[mushroomspore 3,043]

3 minutes ago, David & Zoila said:

Yeah, wait until the authorities get a load of those "reception photos" from her home country.

Why would those photos matter? She's not filing for a K1. 

[David & Diana R 1,005]

5 minutes ago, mushroomspore said:

Why would those photos matter? She's not filing for a K1. 

It might be difficult explaining how they just happened to have a "Reception" in her home country, came back to USA and got married immediately.  Hard to prove the wedding was spontaneous when the reception has already occurred prior to the wedding and re-entry into the country.

[mushroomspore 3,043]

1 minute ago, David & Zoila said:

It might be difficult explaining how they just happened to have a "Reception" in her home country, came back to USA and got married immediately.  Hard to prove the wedding was spontaneous when the reception has already occurred prior to the wedding and re-entry into the country.

All they need to prove to USCIS and all USCIS is concerned with is that they are a real couple. Intent alone isn't enough to deny a legitimate couple's AoS.

[David & Diana R 1,005]

Just now, mushroomspore said:

All they need to prove to USCIS and all USCIS is concerned with is that they are a real couple. Intent alone isn't enough to deny a legitimate couple's AoS.

Misrepresentation or omitting information could cause a ban.  It's so clear here what they did.  There's no getting around it.  This was visa fraud and they were just lucky they didn't get caught...YET.

[Mollie09 1,543]

2 hours ago, David & Zoila said:

Misrepresentation or omitting information could cause a ban.  It's so clear here what they did.  There's no getting around it.  This was visa fraud and they were just lucky they didn't get caught...YET.

 

?!?!

None of this matters. They won't get a ban.

[TNJ17 1,329]

3 hours ago, David & Zoila said:

Yeah, wait until the authorities get a load of those "reception photos" from her home country.

Yeah this is exactly the issue for the OP. They left to go have a reception then back. They can prove their misinterpretation easily here.