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Does the 90-day guideline affect me?

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  • Does the 90-day guideline affect me?

    I read about the 90-day DHS guideline and I was wondering if it affects me. I?m on F1 and married my US citizen husband 14 days after my last entry in the US. We went together on a trip abroad, if it matters. I am not concerned about evidence of bona fide because we have tons of that. Will this affect my AoS in any way?
    RoC (I-751) Application, filed from Houston TX
    10/24/2021 - USPS delivered the package in AZ
    10/27/2021 - Text from USCIS with receipt number, check cashed. Assigned to the Texas Processing Center

    INITIAL AOS from F-1, married to USC, filed in Seattle WA

    09/24/2018 - Package delivered to PO Box (PD)
    10/22 - Early bio walk-in
    11/15 - New card is being produced (I-765)
    11/26 - EAD combo & SS card
    01/13/2020 - Interview
    01/23/2020 - Case Approved, Card Mailed.

  • #2
    If you were living in the US prior to your short trip abroad, and are on a visa other than a B1/B2, then I think you should be fine. I understand that the 90 day rule applies more to people who enter the US on a tourist visa and get married right away - this is counted as visa fraud as you entered the US as a tourist but had the intention of immigrating.

    *Note: This is my opinion, not legal advice*
    Marriage-based AOS - Concurrent filing - Oakland Park, FL

    04/18/18: Sent to Chicago Lockbox
    04/23/18: Priority Date
    04/27/18: 4x I-797 NOA received
    05/04/18: Biometrics notice received
    05/15/18: Courtesy letter for I-693
    05/22/18: Biometrics completed
    05/29/18: Case Ready To Be Scheduled For Interview
    09/25/18: I-765 New Card being produced (via Case Tracker)
    09/26/18: I-765 and I-131 approved (via uscis.dhs.gov)
    10/01/18: Combo card in hand
    06/05/19: Interview scheduled

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