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Salomon421

Perfect time to get married and adjust status?

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I already posted a question asking if adjustment of status were possible if i came to the states under ESTA. And the answers I got were positive, saying that i can and will have no problem. 

But there were some opposite opinions about when the ideal timing is to do so.

Is 90 days rule a thing actually? Is there any certain time that i have to wait?

I’m curious about when I should get married and adjust status, thanks.

 

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1 minute ago, Salomon421 said:

I already posted a question asking if adjustment of status were possible if i came to the states under ESTA. And the answers I got were positive, saying that i can and will have no problem. 

But there were some opposite opinions about when the ideal timing is to do so.

Is 90 days rule a thing actually? Is there any certain time that i have to wait?

I’m curious about when I should get married and adjust status, thanks.

 

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It’s immigration fraud entering the US with the intent to stay and adjust status, hence why people would say to wait out at least 90 days before applying, thinking that would help. That’s not a set rule.

 

 


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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10 hours ago, p-ana said:

It’s immigration fraud entering the US with the intent to stay and adjust status, hence why people would say to wait out at least 90 days before applying, thinking that would help. That’s not a set rule.

 

 

I didn’t enter the country with the intent to get married and stay here. My fiancée and I did change our mind during my visit :) but thanks for your answer!

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On 1/31/2019 at 5:04 PM, Salomon421 said:

I already posted a question asking if adjustment of status were possible if i came to the states under ESTA. And the answers I got were positive, saying that i can and will have no problem. 

But there were some opposite opinions about when the ideal timing is to do so.

Is 90 days rule a thing actually? Is there any certain time that i have to wait?

I’m curious about when I should get married and adjust status, thanks.

 

Assuming you had no intent when you were inspected and allowed entry, as you have previously stated, then you are fine to marry and adjust status in the US. 90 day rule is a Department of State rule, but USCIS officers, in their discretion, may use the rule. Overstay of ESTA is forgiven for spouse of USC.


2014.10.04 - First Met

2018.12.18 - Married

 

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On 1/31/2019 at 6:04 PM, Salomon421 said:

Is 90 days rule a thing actually? Is there any certain time that i have to wait?

 

90 day rule is definitely not a thing. It is also not a USCIS policy but a DOH policy ( I am at work and cant find the source right now, but someone please correct me if I am wrong). 

 

You were inspected and cleared at entry and that clears you from any "intent" issue. 

I would go ahead and file. You can read through VJ, lots of cases of people filing before 90 days and having no issues. 

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