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tiantian2

Did I violate the 90-day rule by AOS within 60 days of I-20 extension?

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Hi, I’m panicking here and would like to get your advice regarding whether I violated the 90-day no immigration intention rule, and if I did, what I can do at this point to save the situation. 

Below is my timeline:

I entered the U.S. 5 years ago as F1 student pursuing PhD degree and has maintained F1 status since.

Married my husband (citizen) 2 years ago (still maintained F1 afterwards).

6 months ago, since I need more time to finish PhD, applied for I-20 extension; my extended I-20 will expire at end of this year. Signed this extended I-20.  

50 days later after I signed the extended I-20, I applied for marriage-based AOS, filing 485, 130 together.

I got scheduled the initial interview for three weeks from now.

As I prepare for the interview, I read about this 90-day rule that would consider changing status within 90 days of entry on non-immigration visa as fraudulent. So my question is, does this also apply to the signing of I-20? After all, above the I-20 signature line it certifies that I intend to enter or maintain nonimmigrant status for the sole purpose of studying in the specified program.

Anyone with insight on this one is much appreciate. Or if you had similar experience, such as AOS soon after signing a new I-20 or applying for OPT. Thank you!

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No need to worry at all. 


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Can't violate a rule that doesn't exist.


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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1 hour ago, tiantian2 said:

Hi, I’m panicking here and would like to get your advice regarding whether I violated the 90-day no immigration intention rule, and if I did, what I can do at this point to save the situation. 

Below is my timeline:

I entered the U.S. 5 years ago as F1 student pursuing PhD degree and has maintained F1 status since.

Married my husband (citizen) 2 years ago (still maintained F1 afterwards).

6 months ago, since I need more time to finish PhD, applied for I-20 extension; my extended I-20 will expire at end of this year. Signed this extended I-20.  

50 days later after I signed the extended I-20, I applied for marriage-based AOS, filing 485, 130 together.

I got scheduled the initial interview for three weeks from now.

As I prepare for the interview, I read about this 90-day rule that would consider changing status within 90 days of entry on non-immigration visa as fraudulent. So my question is, does this also apply to the signing of I-20? After all, above the I-20 signature line it certifies that I intend to enter or maintain nonimmigrant status for the sole purpose of studying in the specified program.

Anyone with insight on this one is much appreciate. Or if you had similar experience, such as AOS soon after signing a new I-20 or applying for OPT. Thank you!

90-day rule applies to when you first entered the U.S. And since you married your husband three years after entering and(maintaining your status)which doesn't matter anymore since you're married to a USC, you absolutely have got nothing to worry about.

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25 minutes ago, payxibka said:

I'd question the source about this 90 day rule that doesn't exist 

3. The U.S. Department of State’s 90-Day Rule [8] 

DOS developed a 90-day “rule” to assist consular officers in evaluating willful misrepresentation in cases involving an applicant who violated his or her nonimmigrant status or whose conduct is inconsistent with representations made to either the consular officer at the time of the visa application or to the immigration officer at the port of entry. The DOS 90-day rule creates a presumption of willful misrepresentation if an applicant engages in such conduct within 90 days of admission to the United States. 

Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers. However, USCIS officers must examine all of the factors in an applicant’s case. After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States. [9] Officers should carefully assess each situation and continue to evaluate cases for potential fraud indicators. When appropriate, officers should also refer cases to Fraud Detection and National Security, according to existing procedures.

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6 minutes ago, Paatay Khan said:

90-day rule applies to when you first entered the U.S. And since you married your husband three years after entering and(maintaining your status)which doesn't matter anymore since you're married to a USC, you absolutely have got nothing to worry about.

2 minutes ago, Paatay Khan said:

3. The U.S. Department of State’s 90-Day Rule [8] 

DOS developed a 90-day “rule” to assist consular officers in evaluating willful misrepresentation in cases involving an applicant who violated his or her nonimmigrant status or whose conduct is inconsistent with representations made to either the consular officer at the time of the visa application or to the immigration officer at the port of entry. The DOS 90-day rule creates a presumption of willful misrepresentation if an applicant engages in such conduct within 90 days of admission to the United States. 

Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers. However, USCIS officers must examine all of the factors in an applicant’s case. After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States. [9] Officers should carefully assess each situation and continue to evaluate cases for potential fraud indicators. When appropriate, officers should also refer cases to Fraud Detection and National Security, according to existing procedures.

  1. The rule is not about your first entry. It's any entry.
  2. As noted, the rule is in the FAM for DOS. It is not used by USCIS. Therefore, there is no 90 day rule when it comes to AOS.

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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Posted (edited)
15 minutes ago, geowrian said:

The rule is not about your first entry. It's any entry.

I was speaking in general, not necessarily first entry. And to answer the rest of your stance, please have a look at this...

 

 

Edited by Paatay Khan

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Posted (edited)

That's not what was stated originally ("90-day rule applies to when you first entered the U.S "), so i was correcting that.

 

Not sure what that video shows other than spreading the myth.

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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1 hour ago, arken said:

Myths are the money making machines for attorneys.

YouTube immigration services at it again 


YMMV

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Posted (edited)
1 hour ago, arken said:

Myths are the money making machines for attorneys.

What they ^^^^^^^^ said!

 

+100

Edited by Bill & Katya

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Posted (edited)

2 days ago it was Facebook now YouTube, now bearing in mind this happens a lot would there not be many threads where people have been caught up in this issue, if it was an issue?

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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3 hours ago, Paatay Khan said:

So all the attorneys who are warning/educating people about this rule are spreading a myth? I have lost faith in immigration attorneys from now on.

Yes. Blind faith in attorneys is never a good idea.

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