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Criteria for 90-day rule (I-485)

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  • Criteria for 90-day rule (I-485)

    I have F1 visa and my husband has F2 visa since April 2015. We have been living in USA since July 2015.
    We are applying through EB-2 (Sponsor).
    We already have our I-140 approved.
    My husband traveled outside the Country and came back on May5th (he stayed there for 7 days).
    Question: Can we apply for I-485 now or should we wait 90 days?
    Ps: I am not sure if this applies to USCIS and if so, if it's based on the date that the F1/F2 was first issued (2015) or to the date of the last entrance in the USA (May 5th, 2018).

    Thank you in advance,

  • #2
    Originally posted by Marila View Post
    I have F1 visa and my husband has F2 visa since April 2015. We have been living in USA since July 2015.
    We are applying through EB-2 (Sponsor).
    We already have our I-140 approved.
    My husband traveled outside the Country and came back on May5th (he stayed there for 7 days).
    Question: Can we apply for I-485 now or should we wait 90 days?
    Ps: I am not sure if this applies to USCIS and if so, if it's based on the date that the F1/F2 was first issued (2015) or to the date of the last entrance in the USA (May 5th, 2018).

    Thank you in advance,
    You do not need to file together. You can file your i-485 now and he can file his after the 90 days just to be safe.

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