candypaint1002

2 minutes ago, Chancy said:

 

That DOS rule did NOT apply to USCIS even before they removed the references in 2021.  Seems they removed it to try to kill the myth that it ever applied at all.

 

Thank you, it's good to know. I would definitely trust USCIS website than online articles. 

1 hour ago, Mike E said:

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

 

Click on the Updates link to reveal:

 

”

Technical Update - Removing References to the U.S. Department of State’s 90-Day Rule

July 16, 2021

This technical update to Volume 8 removes all references to the U.S. Department of State’s 90-day rule.”

 

Even before 2021 the 90 day “rule” was dead if it was ever alive. 
 

I know of nothing in the INA law that supports this “rule” (more of an urban legend). 

 

Sorry if this is a silly question, but does removing the references from DOS mean that the rule doesn't apply anymore?
 

20 minutes ago, Boiler said:

Did those articles you read give examples where this had been an issue?

I haven't seen one. I really hope they're wrong though. I might stereotype here, but as a frequent travellers, dealing with CBP officers left a sour taste in my mouth so I'd like to minimize risks with immigration as much as possible.

Please pardon my ignorance, I'm aware this question has been asked many times before, but most of the threads were referring to marriage so I decided to ask.

My wife got her I-140 approved. I'm a Canadian on TN. We're both living in the US. 6 years for her and 2 months for me.

Some posts on VisaJourney mentioned that the 90-day rule is for DOJ, not USCIS. On the other hand, some online articles stated that it may "generate suspicion from immigration officials. Thus, most attorneys recommend their clients to wait 90 days." 

https://citizenpath.com/tn-professionals-adjust-status/

We're looking to submit her I-485 to adjust her status, with me tagging along as the dependent. We're just wondering if the 90 day rules applied to me since I've been in the US for only 2 months. Would it be a ground for USCIS to deny our AOS application and worst case scenario revoke my TN?

Thanks for the help.

40 minutes ago, Rocio0010 said:

Follow up question: Why are you using a lawyer?

They filed our I-140 and it was a success. They also offered a discount if we file I-485 with them.

Thanks for the reassurance Arken. Do you know if somebody will do a preliminary check before the forms are processed (and rejected at this step) or it will go straight to the USCIS officer?

And surely a lesson learned. No more post date signatures, and a more robust communication with the lawyer. 

I signed my I-485 forms with post date in early October because I was busy with work and want to spend time to review the package the lawyer drafted for me. This is something that I communicated from the beginning.

This morning the lawyer told me that they sent my package and it has been received by USCIS.

I was livid, but nothing can be done at this point. Will USCIS return my forms? Is there going to be any complications with my application?

Thanks for the help.

My husband's I-140 was approved and we're looking to file I-485 to adjust status. He is already in the US on a F1 visa. I'm a Canadian citizen and currently live outside of the US. We don't want to go the IVP route because we don't know how long it would take and we would rather not to be separated apart. 

I'm just wondering if I'm able to adjust my status by entering the US using my Canadian passport on a B-2 status (according to my I-94 from my previous trips)? We're planning to adjust after 90 days from my arrival date to avoid complications.

If it helps, we've been married for over 2 years and I had multiple trips to the US for the past 4 years.

Thanks for the help.