90 day rule question

[Boost 0]

Hello, 

 

I met my wife while she was on F1 visa, we married after 2 years in November, but she had to travel back to obtain her birth certificate. We want to file for change of status, but couldn't without the birth certificate. 1. Does the 90 day rule apply in this instance? Or can we start applying for it? 2. If her F1 visa expires while waiting for the change of status to be approved, can she stay in the United States? 

[igoyougoduke 1,604]

Yes, as long as you are a US Citizen filing for her change of status 

[Boiler 43,425]

The non existent 90 day rule that will not go away.

[Just Paul 4,591]

23 minutes ago, Boost said:

If her F1 visa expires while waiting for the change of status to be approved, can she stay in the United States?

She can stay in the US but she can not leave until AP or GC arrives

[NikLR 13,220]

30 minutes ago, Boost said:

Hello, 

 

I met my wife while she was on F1 visa, we married after 2 years in November, but she had to travel back to obtain her birth certificate. We want to file for change of status, but couldn't without the birth certificate. 1. Does the 90 day rule apply in this instance? Or can we start applying for it? 2. If her F1 visa expires while waiting for the change of status to be approved, can she stay in the United States? 

Is your wife in the USA right now?

[bmqsg5h3 12]

Did your wife go to her home country to obtain her birth certificate for I-485 and come back to the US on F-1? If so, she cannot do AOS (although the USCIS might not be able to prove that she had "immigrant intent" at the POE). It doesn't matter how long she has been in the US after re-entry.

[Boost 0]

14 hours ago, Boiler said:

The non existent 90 day rule that will not go away.

What do you mean? 

13 hours ago, NikLR said:

Is your wife in the USA right now?

Yes 

[Boost 0]

13 hours ago, t-ten said:

Did your wife go to her home country to obtain her birth certificate for I-485 and come back to the US on F-1? If so, she cannot do AOS (although the USCIS might not be able to prove that she had "immigrant intent" at the POE). It doesn't matter how long she has been in the US after re-entry.

 

Then how do other people get married during F1 visa? 

[arken 4,197]

Now that your wife is already here, just go and file for it. She has already been legally admitted by the CBP. Don’t worry about other stuffs. FYI, it’s adjustment of status not change of status, using the correct terminology helps getting better responses.

Edited February 12, 2020 by arken

[Boiler 43,425]

1 hour ago, Boost said:

What do you mean? 

Yes 

That there is no 90 day rule.

[Mollie09 1,543]

2 hours ago, Boost said:

Then how do other people get married during F1 visa? 

They don't leave the country before their AOS is approved.

[NikLR 13,220]

~~moved from IR1/CR1 process and procedures to AOS from work, tourist, and student visas~~

 

[arken 4,197]

1 hour ago, Mollie09 said:

They don't leave the country before their AOS is approved.

Some, not all.

[Duke & Marie 1,389]

19 hours ago, Boost said:

 we married after 2 years in November, but she had to travel back to obtain her birth certificate. We want to file for change of status, but couldn't without the birth certificate. 

You are not permitted to file AOS if she went home to get her birth certificate so that y’all could file AOS.

 

thats classified as visa fraud, your not permitted to enter on a non immigration visa with intent to adjust 

[Boiler 43,425]

She was inspected and admitted.