dnddus88

good luck on your visa!

1 minute ago, TNJ17 said:

Did you know you were gonna get married before she entered? It honestly sounds like you did because you said went overseas for a family reception. That proves intent. 

We did not know that would be a problem since her initial entry was not for marriage, we just went to see the family before we got married and came back. 

11 minutes ago, TNJ17 said:

Ok that’s what we mean by entering the country with intent to stay. The only entry that matters is the last entry she has made in the US. Were you already married? What did she say the purpose of this trip was when she last entered the US (that means the last time she left US territory to go anywhere and came back). If she was married already or if she was entering the country knowing she was gonna get married then she has to go back by the date on her passport and file for an immigrant visa. 

She was not married. We got married after we came back from overseas. 

2 minutes ago, TNJ17 said:

There’s no 90 day rule on a J visa. If she entered without intent to stay and you just happened to get married you can file for AOS. She won’t be allowed to leave the country until either she gets EAD/AP card or aos process is done. If she entered the country for the purpose of getting married she has to go back to her country before the date stamped on her passport and you file for CR1 and bring her on an immigrant visa. 

Obviously she did not enter with the intent to stay on her J1 visa when she initially came to the U.S. we happened to meet again and fell in love. I'm worried about the trip overseas that took place after we decided to get married.  

3 minutes ago, geowrian said:

As long as she did not enter with intent to stay, she can file fore AOS at any time., There is no 90 days rule for AOS.

Thanks. I'm just worried that they would deny her AOS based on "misrepresentation of intent". A lot of people around me just told me about this 90 day rule and I'm getting freaked out because our marriage date is pretty close to her last entry to the U.S. on her J1 visa

please give me some advise. I'm kinda in a tricky situation. I'm a U.S. citizen and my wife is foreign national who came to the U.S. with her J visa. So this is the story.. She came to the U.S. on her J1 visa without 2 year home country requirement as a visiting scholar in mid May. We knew each other from college and met again after she came to the U.S. and decided to get married. We went overseas for our family reception in September and came back to U.S.  and got married immediately (she came back with her J1 visa which is still valid). I'm wondering if that short trip to oversea would reset her 90 day. Her initial entry for the particular J1 visa and the marriage date is more than 90days but the marriage took place shortly after her last entry to the U.S. I'm also thinking about filing concurrently in October and wonder if it is a bad idea. Thanks