filing in 90 days rule

[ophelia83]

hello everyone.


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!

[ophelia83]

is there anyone who can share me their experiences or ideas?

[Enub4]

I think the 90 day rule doesn't apply to you because you are already married. But I'm no lawyer.

You said that you are F1/OPT, so I guess that you already used your F1 for several years. I believe the 90 day rule is for first arrival on F1 (fraud getting the F1 to enter the USA just to marry a USC).

[ophelia83]

I think the 90 day rule doesn't apply to you because you are already married. But I'm no lawyer.

You said that you are F1/OPT, so I guess that you already used your F1 for several years. I believe the 90 day rule is for first arrival on F1 (fraud getting the F1 to enter the USA just to marry a USC).

thank you very much for your response. It justifies what I also think. I think it does not apply to me as well but I can't find any resources highlighting this point.