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Important question about 30-60-90 rule

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  • Important question about 30-60-90 rule

    Hi,

    I have been on a F-1 visa from July 2003 till now. I got married to a US citizen in Aug 2007. We went to India after wedding and the last time I entered US was on Sep 28 07 on my F-1 visa. I filed my I-130 and I-485 with other forms and supporting documents on Jan 2 08. Reading through the forum I realise that that USCIS might ask me questions about my entering US on a non immigrant visa (F-1) with an intention to immigrate. It just happened that I filed more than 90 days after my entering US. I have to say that this 90 days happened by chance because we could not get the papers ready any sooner otherwise we would filed earlier (and landed in big trouble). I understand the burden of proof lies with USCIS but that means we will be asked something about it. What will they ask in this regard? I know we are in some trouble but I hope it is not bad. My F-1 is still valid and I am still studying full-time.
    Please let us know. Thanks for your help.

  • #2
    You will be fine. Plenty of people go through this scenario and no a single question is asked. Do remain in status though.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Important question about 30-60-90 rule

      Thanks for the quick reply. Appreciated!
      I will remain a F-1 till Apr 08 for sure, when I might complete my program. If the GC application does not move by then, I can apply for an Optional practical training (OPT) for a year.

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