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AOS. 90 day rule advice: should I use a vacation to Korea as evidence of Bona Fide marriage?

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Hello all,

 

Would it be advisable to use a vacation my wife and I took to her home country as evidenced of a Bona Fide marriage?

 

I know that it seems the obvious answer is yes, but here is the background.

 

TLTR:  Got married within 90 days of a vacation to wife’s home country. Have heard this could be considered visa fraud under a 90 day rule. Looking for advice/clarity.

 

I am a US citizen.  My wife is an F1 student from South Korea.  We met about two years ago and have been together ever since.  In August of 2018 we decided to go on vacation to South Korea so that I could meet her family and learn more about her culture. At the time we had no intention of marrying soon,  we had talked about it but planned on waiting until she had finished nursing school.

 

Upon return to the US (sep 14) we received notification that she had not been accepted to nursing school. So we were faced with a difficult choice.  To get marrie d or to try our luck at long distance relationship while she was required to return to Korea and reapply to nursing school.(because her F1 OPT is finished at the end of December,  and at that time, her F1 visa expires.. unless she were to be accepted into another school and got a new i20) And because of the timing there were no alternative schools she could apply to and be accepted without a lapse in visa.  

 

The issue I’m worried about is that we got back from Korea on Sep 14 and got married Oct 7th (30 days apart).  And she entered on an F1 visa, which prohibits immigrant internet.  I have heard that it could be assumed we had immigrant intent when she entered on her f1 since we married within 90 days. Aka visa fraud.  Should I be worried? And will they know about our trip anyways?  

 

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No such thing as a 90 day rule for AOS.

Intent is determined at POE.

They know about every entry/exit into/out of the US.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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There is no 90 days rule.

 

You're fine.

 

There was no immigrant intent at the POE.  Your decision to get marry because she had to go home is reasonable and understandable.

 

Furthermore, immigrant intent for the wife of a US citizen seeking AOS is not a valid reason for a denial unless the US Government can prove that she lied to enter the US.  Your wife didn't lie at the POE.

Just relax and show the natural progression of your relationship.  How you met.  The things you've done together in the US.  Your trip to visit her family.  Focus on the relationship material.  That's what they want. 

 

 

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22 minutes ago, geowrian said:

No such thing as a 90 day rule for AOS.

Intent is determined at POE.

They know about every entry/exit into/out of the US.

Okay great, thank you for the quick response! Now that I think about it there isn’t much to worry about.  she is finishing her OPT now,  and re entered the US to do so before we had any idea she wasn’t accepted to Nursing school.  So that supports the fact there wasn’t intent when we came back.  

 

Thank you!

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25 minutes ago, aaron2020 said:

There is no 90 days rule.

 

You're fine.

 

There was no immigrant intent at the POE.  Your decision to get marry because she had to go home is reasonable and understandable.

 

Furthermore, immigrant intent for the wife of a US citizen seeking AOS is not a valid reason for a denial unless the US Government can prove that she lied to enter the US.  Your wife didn't lie at the POE.

Just relax and show the natural progression of your relationship.  How you met.  The things you've done together in the US.  Your trip to visit her family.  Focus on the relationship material.  That's what they want. 

 

 

Thank you very much for the response!  And you are right, when we entered the US she came back to finish her OPT and to start nursing school. We thought for sure she would get in...  and the fact that she is currently at her OPT job now supports the fact that she is here for school first. 

 

I gather that from an immigration officers standpoint it would probably bring up more questions and suspicions if we don’t point out our trip together on our application?  Plus it really shows our commitment to one another. I took two weeks off of work and paid for most of it so that we could go together and spend quality time with her family. 

 

Is the the officers decision heavily based on how real they perceive the relationship to be? Should we include as much as we can about this? I’ve been freaking out about the paperwork and technicalities.

 

thank you again!!

 

 

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