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  • Marriage within 30 days

    Hello,

    At the time of my marriage, I've had my F1 visa for about 3 years, but I married my LPR spouse within 30 days of coming back from a trip overseas. Since my marriage was with an LPR, we had to wait until F2A Priority Date became current for AOS, so AOS (I485, 765, 131) was filed about 12 months after marriage. H1B status at the time of AOS filing. Will we run into any issues? We just recently found out about the 30/60/90 rule.

    Thanks!

  • #2
    Originally posted by 60driver View Post
    Hello,

    At the time of my marriage, I've had my F1 visa for about 3 years, but I married my LPR spouse within 30 days of coming back from a trip overseas. Since my marriage was with an LPR, we had to wait until F2A Priority Date became current for AOS, so AOS (I485, 765, 131) was filed about 12 months after marriage. H1B status at the time of AOS filing. Will we run into any issues? We just recently found out about the 30/60/90 rule.

    Thanks!
    You were on F-1 and not a tourist. I do not think that applies to you. Besides, your I-94 said D/S at the time. I don't see anything wrong with your case.

    Comment


    • #3
      Originally posted by UScitizenFilingforspouse View Post
      You were on F-1 and not a tourist. I do not think that applies to you. Besides, your I-94 said D/S at the time. I don't see anything wrong with your case.
      Not that it matters but he\she was on H1-B not F-1 at the time they filed.

      - - - Updated - - -

      Originally posted by 60driver View Post
      Hello,

      At the time of my marriage, I've had my F1 visa for about 3 years, but I married my LPR spouse within 30 days of coming back from a trip overseas. Since my marriage was with an LPR, we had to wait until F2A Priority Date became current for AOS, so AOS (I485, 765, 131) was filed about 12 months after marriage. H1B status at the time of AOS filing. Will we run into any issues? We just recently found out about the 30/60/90 rule.

      Thanks!
      Unlikely you will run into any issues. Just getting married is not inconsistent with the intent of your visa/status. If you had gotten married and filed right away you might have run into some headwinds since your spouse is an LPR. You will be ok.

      Comment

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