90 day intent rule

[F1onOPTSTEM]

I read about the "90 Day Intent Rule" and I have a doubt about my current situation.

I am currently an F1 student on my last year of OPT STEM extension, and I entered the US under this status for the first time in December 2010.
I traveled internationally multiple times during the past 9 years, and life happened:

I got married last month (12/21/2018) to a US citizen, exactly 41 days after returning from a business trip to Canada.

I did not know when we would get married when I left for this trip, nor did I know I wanted to file for the green card (i-485) subsequently.
But I proposed to her over a year ago and we knew it would happen at some point.

I was planning on filing for a green card in February.
Could this timing be considered fraudulent?

[2018memcan]

90 days starts from the day you entered on the present status. So if you entered in 2010 and you are presently working on OPT STEM, I think the 90 days rule does not apply to you. But, this is my opinion and not a legal advice.

[newacct]

I read about the "90 Day Intent Rule" and I have a doubt about my current situation.

I am currently an F1 student on my last year of OPT STEM extension, and I entered the US under this status for the first time in December 2010.
I traveled internationally multiple times during the past 9 years, and life happened:

I got married last month (12/21/2018) to a US citizen, exactly 41 days after returning from a business trip to Canada.

I did not know when we would get married when I left for this trip, nor did I know I wanted to file for the green card (i-485) subsequently.
But I proposed to her over a year ago and we knew it would happen at some point.

I was planning on filing for a green card in February.
Could this timing be considered fraudulent?

By the way, the "90-day rule" is a Department of State thing and is not binding on USCIS, which adjudicates Adjustment of Status.

[Guest]

Usually the 90 day rule is used against people who enter on a visitor visa and immediately get married. In your case, you have been in the US for many years and do not live abroad. You should be completely fine. Plus with that relationship history, you should have tons of evidence.

I read about the "90 Day Intent Rule" and I have a doubt about my current situation.

I am currently an F1 student on my last year of OPT STEM extension, and I entered the US under this status for the first time in December 2010.
I traveled internationally multiple times during the past 9 years, and life happened:

I got married last month (12/21/2018) to a US citizen, exactly 41 days after returning from a business trip to Canada.

I did not know when we would get married when I left for this trip, nor did I know I wanted to file for the green card (i-485) subsequently.
But I proposed to her over a year ago and we knew it would happen at some point.

I was planning on filing for a green card in February.
Could this timing be considered fraudulent?

[bobm445]

Usually the 90 day rule is used against people who enter on a visitor visa and immediately get married. In your case, you have been in the US for many years and do not live abroad. You should be completely fine. Plus with that relationship history, you should have tons of evidence.

You will be fine. You basically live here for 8 years. 90 day rule is for the B2s who show up and get married a month after they get here. Skirting the K1 Visa system

[F1onOPTSTEM]

Thank you very much for your answers.
I think everything you said makes a lot of sense.
I was just afraid that they could apply the rule blindly.

[azblk]

The is a lot of misinformation here. The so called 90 day rule does NOT apply to AOS cases. It is a state department rule and can only be applied to CP cases.

[bobm445]

The is a lot of misinformation here. The so called 90 day rule does NOT apply to AOS cases. It is a state department rule and can only be applied to CP cases.

Not misinformation from what I can see.

[azblk]

Not misinformation from what I can see.

Below is the relevant chapter of the USCIS manual that deals with the 90 day rule. Read and understand it:

3. The U.S Department of State?s 90-Day Rule

The U.S. Department of State (DOS) developed a 90-day rule to assist consular officers in evaluating misrepresentation in cases involving a person who violated his or her nonimmigrant status or whose conduct is or was inconsistent with representations made to either the consular officer concerning his or her intentions at the time of the visa application or to the immigration officer at the port of entry.

The 90-day rule is not a ?rule? in the sense of being a binding principle or decision. The rule is simply an analytical tool that may assist DOS officers in determining whether an applicant?s actions support a finding of fraud or misrepresentation in a particular case. This DOS 90-day rule is not binding on USCIS. Officers should continue to evaluate cases for potential fraud indicators and, when appropriate, refer cases to Fraud Detection and National Security according to existing procedures.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartJ-Chapter3.html#S-C

[ophelia83]

hello everyone,

I have similar case as well and appreciate if you guys hare your experiences or ideas with me. I am F-1/OPT holder and I married my USC husband a year ago and we are about to submit our files for AOS. However, in December we went to Italy for our honeymoon and of course i entered on my F1/OPT status now we are reading that we have to wait 90 days to apply for my AOS. does this rule apply to us although we got married a year ago?

Thank you very much!

[Guest]

hello everyone,

I have similar case as well and appreciate if you guys hare your experiences or ideas with me. I am F-1/OPT holder and I married my USC husband a year ago and we are about to submit our files for AOS. However, in December we went to Italy for our honeymoon and of course i entered on my F1/OPT status now we are reading that we have to wait 90 days to apply for my AOS. does this rule apply to us although we got married a year ago?

Thank you very much!

No, it does not.

[ophelia83]

No, it does not.

Thank you for your answer. Is it because we got married before or because I am in OPT and December 2018 is not my initial entrance.

Thank you!