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AOS 60 or 90 day rule

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  • AOS 60 or 90 day rule

    So, I’d like to understand if there is a 60 day or 90 day waiting period before a B-2 visitor can AOS?
    USC filed AOS for parents on B2. I am not a lawyer.
    Timeline
    2020
    7/21 <— 2 sets of I-130/485/944/864/131/765/693 reached Chicago Lockbox
    8/4 <— Checks cashed
    8/5 <— I-797 SMS
    8/24 <— Biometrics completed
    10/19 <— I-485 ("New Card Is Being Produced")
    10/20 <— I-130 and I-485 ("Case Was Approved")
    10/22 <— I-130 and I-485 Approval notices received
    10/28 <— Green card#1 received
    11/07 <— Green card#2 received


  • #2
    From what I read there is no "rule", USCIS will review the evidence and the date when applied, if they suspect fraud or intent to become a permanent resident when the B2 visitor entered the USA they may deny the application. Some people just wait some time before sending the page to make sure they don't suspect that the original plan was to stay in the USA after entering with a visitor visa.

    Each case is different, is not the same having B2 visa for a long time and visited the USA each year than having B2 for the first time and this is the first time visiting the USA. I'm no expert, just from what I read. Good luck.
    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


    • #3
      A lawyer once told me the 60/90 day rule is used as a guide and just like Enub said each case is determined on its own merit. The lawyer, however, strongly recommended complying with the 90 day rule.

      On the flip side, I’ve seen people who didn’t wait for the entire 90 days but still managed to get their AOS approved.

      I have also heard about instances where people who didn’t wait for the 90days had their AOS application denied.
      Mar/25 => Application sent to Chicago lockbox
      22 <= 4 I-797Cs received by mail
      57 <= Courtesy letter for I-693 received
      129 <= Bio appointment for Aug/13
      159 <= Interview scheduled for Oct/6
      165 <= New card being produced
      169 <= I765&I131 approved
      196 <= New card being produced
      197 <= Card mailed
      Oct/10 = 2yr GC in hand
      Aug/18 = I-751 applied
      Aug/15 = I-751 approved
      Aug/18 = 10yr GC in hand
      Oct/20 = N400 Interview and Oath ceremony

      Comment

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