Adjustment of status from B1B2

[Joe30 17]

5 hours ago, Crazy Cat said:

Unless you misrepresented yourself when you entered the US, there will be no issues with having entered on a B2.  The IO's asking about intent virtually NEVER even arises......ever.  

I don't see why OP would have any issues. Does not seem like any misrepresentation occured. OP got married in good faith so just have evidence of bona fide marriage. Anything else for OP? 

[Joe30 17]

7 hours ago, arken said:

Go for it, there is no 90 day rule.

Agreed. Everyone on VJ agrees that 90 day rule does not really apply/utlized

[Joe30 17]

2 hours ago, Rocio0010 said:

Because they may suspect that you entered with the purpose of getting married, adjusting your status and staying here, instead of just visiting and leaving.

Like I said, it’s not 100% guaranteed it will happen. I’m saying it might happen. 

OP didn't see themselves being married so it seems like some changes happened to their personal life that led to them considering adjustment. From OPs post, intent seemed like they planned to travel and head back. 

[Joe30 17]

3 hours ago, Rocio0010 said:

It could matter. There is no rule per se (not 90, not 70 days) but I’ve heard some attorneys saying that below 60 days could be red flagged. 

Red flagged for under 60 days? Why not red flagged for over 60/90 days? 

[Rocio0010 5,732]

17 minutes ago, Joe30 said:

Red flagged for under 60 days? Why not red flagged for over 60/90 days? 

I already explained it, but basically it could mean that the beneficiary knew beforehand that they were getting married. Notice that “could” is different from “will”

[Joe30 17]

27 minutes ago, Rocio0010 said:

I already explained it, but basically it could mean that the beneficiary knew beforehand that they were getting married. Notice that “could” is different from “will”

I understand.

[Joe30 17]

31 minutes ago, Rocio0010 said:

I already explained it, but basically it could mean that the beneficiary knew beforehand that they were getting married. Notice that “could” is different from “will”

I meant they can assume that even if the marriage was after 60/90 days, if they wanted to make a problem out of it.

Edited April 2, 2022 by Joe30

[Rocio0010 5,732]

5 minutes ago, Joe30 said:

I meant they can assume that even if the marriage was after 60/90 days, if they wanted to make a problem out of it.

Never said the opposite. I guess it’s all about the chances OP wants to take. After all, they are the ones to apply

[Joe30 17]

8 minutes ago, Rocio0010 said:

Never said the opposite. I guess it’s all about the chances OP wants to take. After all, they are the ones to apply

Why do you think OP is taking a chance? Lots of people adjust in similar ways.

[Rocio0010 5,732]

1 minute ago, Joe30 said:

Why do you think OP is taking a chance? Lots of people adjust in similar ways.

Because, as I have already explained, USCIS has more ground for flagging their case. Comparing cases, to me, is useless. Yes, lots of people adjust in similar ways, but probably at the expense of USCIS sitting on their cases with a valid excuse. 
Maybe OP already got married. If so, this whole conversation is pointless. What’s done is done.

[Joe30 17]

5 minutes ago, Rocio0010 said:

Because, as I have already explained, USCIS has more ground for flagging their case. Comparing cases, to me, is useless. Yes, lots of people adjust in similar ways, but probably at the expense of USCIS sitting on their cases with a valid excuse. 
Maybe OP already got married. If so, this whole conversation is pointless. What’s done is done.

OP stated they got married in the first post

[Joe30 17]

11 minutes ago, Rocio0010 said:

Because, as I have already explained, USCIS has more ground for flagging their case. Comparing cases, to me, is useless. Yes, lots of people adjust in similar ways, but probably at the expense of USCIS sitting on their cases with a valid excuse. 
Maybe OP already got married. If so, this whole conversation is pointless. What’s done is done.

Also, just for knowledge. Where in the uscis policy or regulations online does it say that their situation might be flagged? I just want to read into it

[Boiler 47,483]

This seems a very long thread for a non issue 

[Joe30 17]

1 minute ago, Boiler said:

This seems a very long thread for a non issue 

Yes I agree this is a non issue but I guess it's good to learn through this

[Joe30 17]

35 minutes ago, Rocio0010 said:

Because, as I have already explained, USCIS has more ground for flagging their case. Comparing cases, to me, is useless. Yes, lots of people adjust in similar ways, but probably at the expense of USCIS sitting on their cases with a valid excuse. 
Maybe OP already got married. If so, this whole conversation is pointless. What’s done is done.

Just found this on the uscis site. Prior to this, they stated that the "90 day rule" wasn't binding to Uscis. As of July 2021, they completely removed it from the Uscis site