Marriage/AOS before 90 days in the country

[tomw123 1]

Hi all,

 

Does anybody have experience on marriage and AOS before being present in the US for the full 90 days that is recommended? What evidence would be required to demonstrate that you intended to return back home before entering the country?  

[Fe.Ta 857]

8 minutes ago, tomw123 said:

Hi all,

 

Does anybody have experience on marriage and AOS before being present in the US for the full 90 days that is recommended? What evidence would be required to demonstrate that you intended to return back home before entering the country?  

Could you please fill your timeline?  Are you talking about someone (beneficiary) that came in on a K1 visa and has 90 days to marry?

 

[geowrian 22,336]

No evidence of intent is necessary. You're in the US now and can AOS.

[tomw123 1]

Sorry I should have been more specific. I am the beneficiary currently in the US on a non-immigrant J1 visa. We decided to marry after I arrived here, although I have not yet been physically present in the US for 90 days.

 

Apparently there is a "90 day rule" whereby it is deemed that you misinterpreted original non-immigrant intent if you marry or file for AOS before 90 days.

 

I was wondering if anybody has successfully obtained a green card when filing in this situation. What evidence would be required? 

[geowrian 22,336]

3 minutes ago, tomw123 said:

Sorry I should have been more specific. I am the beneficiary currently in the US on a non-immigrant J1 visa. We decided to marry after I arrived here, although I have not yet been physically present in the US for 90 days.

 

Apparently there is a "90 day rule" whereby it is deemed that you misinterpreted original non-immigrant intent if you marry or file for AOS before 90 days.

 

I was wondering if anybody has successfully obtained a green card when filing in this situation. What evidence would be required? 

No such rule exists for AOS. There is a DOS rule regarding intent, but DOS does not handle AOS.

Plenty of people have completed the process successfully who filed within 90 days of entry.

 

Edit: More specifically, what would waiting gain you regarding intent at POE?

Edited February 5, 2020 by geowrian

[Crazy Cat 39,386]

22 minutes ago, tomw123 said:

Sorry I should have been more specific. I am the beneficiary currently in the US on a non-immigrant J1 visa. We decided to marry after I arrived here, although I have not yet been physically present in the US for 90 days.

 

Apparently there is a "90 day rule" whereby it is deemed that you misinterpreted original non-immigrant intent if you marry or file for AOS before 90 days.

 

I was wondering if anybody has successfully obtained a green card when filing in this situation. What evidence would be required? 

Agree with @geowrian.  There is no 90 day rule.......just file......the sooner you file, the sooner you can get through the adjustment period.

[tomw123 1]

https://www.boundless.com/immigration-resources/90-day-rule-explained/

[Crazy Cat 39,386]

2 minutes ago, tomw123 said:

https://www.boundless.com/immigration-resources/90-day-rule-explained/

There is a lot of misinformation out there.......there is no USCIS 90 day rule.

[geowrian 22,336]

3 minutes ago, tomw123 said:

https://www.boundless.com/immigration-resources/90-day-rule-explained/

Scare tactics.

 

"To solve that problem, USCIS uses the 90-day rule, which states that temporary visa holders who marry or apply for a green card within 90 days of arriving in the United States are automatically presumed to have misrepresented their original intentions."

No...no it does not. They are permitted to follow the DOS rule as guidance, but they have not adopted the DOS rule.

 

Additionally, preconceived intent is not a reason to deny AOS as the the IR of a USC.

[tomw123 1]

1 hour ago, geowrian said:

Scare tactics.

 

"To solve that problem, USCIS uses the 90-day rule, which states that temporary visa holders who marry or apply for a green card within 90 days of arriving in the United States are automatically presumed to have misrepresented their original intentions."

No...no it does not. They are permitted to follow the DOS rule as guidance, but they have not adopted the DOS rule.

 

Additionally, preconceived intent is not a reason to deny AOS as the the IR of a USC.

Appreciate your response. I understand that it is just guidance from DOS - just wanted to know how hard they actually scrutinize you at green card interview and what evidence could best support your case if these issues arise

[Crazy Cat 39,386]

7 minutes ago, tomw123 said:

Appreciate your response. I understand that it is just guidance from DOS - just wanted to know how hard they actually scrutinize you at green card interview and what evidence could best support your case if these issues arise

It would be extremely.....I repeat...extremely unusual for the subject to even arises.......I can think of only one instance of prior intent being an issue.....but it concerned specific misrepresentation and intent being addressed at POE during a secondary inspection.

Edited February 5, 2020 by missileman

[geowrian 22,336]

5 minutes ago, tomw123 said:

Appreciate your response. I understand that it is just guidance from DOS - just wanted to know how hard they actually scrutinize you at green card interview and what evidence could best support your case if these issues arise

Unless there was misrepresentation at POE, I am unaware of an instance of an IR of a USC being denied AOS due to anything regarding intent. They will l adjudicate the I-485 based on the merits of the case.