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MJB3914

"90 day rule" for F-1 transitioning to spouse-based green card

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Here's my situation:

  • F1 student visa (now OPT), expires in July 2019
  • Married USC in Nov 2018 (after a 3-year relationship)
  • Went to home country for holiday season to visit family, reentered on F1/OPT in early-Jan 2019
  • Applied for Green Card through spouse based AOS in mid-Jan 2019
  • Had biometric appointment in mid-Feb 2019, have not heard anything since (for AOS or EAD/AP document)

 

Only at this point has my research uncovered the 90-day rule (i.e. entering on a non-immigrant visa, and getting married within 90 days [different intent]). The only reason I went home for Christmas was to see family and because I knew I couldn’t travel once I applied for AOS. I assumed it was OK to reenter on my F-1/OPT as I have done this many times over the past few years.

 

My research has given me mixed answers about what this rule entails and the enforcement of said rule by USCIS. This link and Foreign Affairs Manual (FAM) suggests that actually it’s no longer really a thing for students transitioning to a green card. Does anyone have any insight or similar previous experiences? No conjecture please.

 

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***Thread moved to Adjustment of Status from Work, Student, & Tourist Visas***


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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20 minutes ago, MJB3914 said:

The only reason I went home for Christmas was to see family and because I knew I couldn’t travel once I applied for AOS. I assumed it was OK to reenter on my F-1/OPT as I have done this many times over the past few years

It sounds like you entered the US via a non-immigrant visa with the intent to adjust status....or am I missing something?


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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30 minutes ago, MJB3914 said:

Only at this point has my research uncovered the 90-day rule...

^ It's not an issue.

31 minutes ago, MJB3914 said:

The only reason I went home for Christmas was to see family and because I knew I couldn’t travel once I applied for AOS. I assumed it was OK to reenter on my F-1/OPT as I have done this many times over the past few years.

:pop:

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5 minutes ago, MJB3914 said:

Ok! Could I ask why it’s not an issue?

From the NAFSA link you provided:

Quote

USCIS takes note of the DOS FAM guidance in its USCIS Policy Manual, but treats it as "simply an analytical tool," rather than a "binding principle."

 

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