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Did I violate 90-day rule by adjusting status within 60 days of extending my I-20?

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  • Did I violate 90-day rule by adjusting status within 60 days of extending my I-20?

    Hi, I’m panicking here and would like to get your advice regarding whether I violated the 90-day no immigration intention rule, and if I did, what I can do at this point to save the situation.
    Below is my timeline:
    I entered the U.S. 5 years ago as F1 student pursuing PhD degree and has maintained F1 status since.
    Married my husband (citizen) 2 years ago (still maintained F1 afterwards).
    6 months ago, since I need more time to finish PhD, applied for I-20 extension; my extended I-20 will expire at end of this year. Signed this extended I-20.
    50 days later after I signed the extended I-20, I applied for marriage-based AOS, filing 485, 130 together.
    I got scheduled the initial interview for three weeks from now.
    As I prepare for the interview, I read about this 90-day rule that would consider changing status within 90 days of entry on non-immigration visa as fraudulent. So my question is, does this also apply to the signing of I-20? After all, above the I-20 signature line it certifies that I intend to enter or maintain nonimmigrant status for the sole purpose of studying in the specified program.
    Your insight is much appreciated. Or if you have similar experience (AOS after signing a new I-20 or OPT) but did not have any trouble during the interview, please share! Thank you!

  • #2
    I would not worry too much for the following reasons:
    1. You extended your I20 DESPITE marrying a USC, i.e. did not file for AoS right away which implies that you put your non-immigrant educational intent above immigration.
    2. You have now filed for AoS because well, you are going to graduate soon and would not want any accrue any unlawful presence.
    3. You are doing this years after entry, not days.

    Plenty of people adjust from F1 so no worries!
    2018 Marriage-based AOS (I-130, I-485, I-765)
    07-09: Package Delivered to USCIS Chicago Lockbox
    07-17: NOA texts & emails (~10:30 pm)
    07-17: Checks cashed
    07-20: 3 NOAs received in the mail
    07-27: Biometrics letter in mail; scheduled for 08-08
    07-30: Biometrics done; USCIS received on 07-31
    08-02: RFIE for proof of legal employment; replied 08-04
    08-08: USCIS received RFIE, case no longer on hold
    10-04: AP approved
    11-28: Case Ready to Be Scheduled for Interview
    11-29: EAD approved

    Comment


    • #3
      I think you should be fine
      F1 OPT to AOS

      9/7/2018 PD
      10/3/2018 Biometric
      10/4/2018 we are processing the fingerprints for your Form I-765
      10/11/2018 Case is Ready to Be Scheduled for An Interview
      3/14/2019 New Card Is Being Produced
      3/15/2019 I-131 Case Was Approved
      3/21/2019 Card was received

      Comment


      • #4
        Originally posted by startworking View Post
        ...I read about this 90-day rule that would consider changing status within 90 days of entry on non-immigration visa as fraudulent...
        Important part in bold, this doesn't apply to you. Don't worry about it and good luck at your interview. Because you married more than 2 years ago you will get a 10 year GC.
        Nov 2018 - Package sent - EB - Texas Service Center
        Day 1 - Package received at the lockbox
        Day 999 - Card delivered to me - Aug 2021
        ---
        All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

        Comment

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