Vi Vi
Jul 26, 2021
GC complication
People, My husband proposed me after we had been apart almost 1 year due the Covid and we got married in about 35 days later, I was under my B1 / B2, till here ok. We applied for the GC about 1 month later of our marriage, we didn't know we couldn't do it, that we must had waited for 90 days after I arrived here in the US. For my lucky they sent all my papers back, bc I made some mistake in the forms, BUT this forms were processed bc they have numbers marked on the pages, so I wonder if they will push me because of it. My case is currently ready for interview and I'm waiting for they settle the date Anybody there had some situation like me? I will appreciate your thoughts.
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RL 26Jul 26, 2021
I was on the same type of visa and got married 90 days after I arrived. So far my case is ready to schedule for interview and I don't know how long will it takes for them to schedule the interview. No EAD combo card received yet either.
Vi ViJul 26, 2021
After 90 days there is no problem. You could marry on the next week and no problem also. The problem is to marry and apply for the GC in less than 90days that you arrived in US. An Paralegal told me the USCIS might not see it in good eyes, bc they think it already had the intention of to get married which is for this case they have the K1 Visa.
RL 26Jul 26, 2021
@Vi Vi from what I read and know, the paralegal might be right. USCIS might take it as misrepresentation. It is very safe if you filed it 90 days. Maybe you can consult a lawyer before the interview.
Vi ViJul 26, 2021
@RL yeah I'm going to do it, bc they didn't accept my documents when I first sent, but for sure they scanned and have it on the system 😬
RL 26Jul 26, 2021
Good luck on your application 🙏 Hope all is well for us 😊
Vi ViJul 26, 2021
@RL thank you. Good luck on your process too and everything can go smoothly and well for us 🙏🏻
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Thomas LJul 26, 2021
yeah it goes against the 90 days rule. it’s seen as using b visa as a means to stay here indefinitely. that’s like deceiving the cbp, posing as a tourist to escape wait in your joke country . if you filed with a lawyer, that would have been the first thing to be checked.
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Thomas LJul 26, 2021
home country not joke *
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Thomas LJul 26, 2021
if they sent papers back cos application mistake, then yes it’s on the system as an application returned due to error not because of the 90 days. if there was no mistake on the application, they would have processed it as normal and reject you during interview based on the 90 days rule
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Thomas LJul 26, 2021
what I don’t understand is how your application is ready for interview if your application was returned
RL 26Jul 26, 2021
@clay S, that is also somehow what I thought. I was on the same type of visa as hers but I got married and filed my papers after 90 days. Now my I-485 is ready to schedule for interview. No EAD combo card received.
Vi ViJul 26, 2021
@clay I sent the first time and they sent back due my mistake. then we hired a Paralegal and she said I was luck that they denied my first request, but like I said the forms came back with lot of numbers in all the pagers, so they have in the system. The paralegal sent back after 90days and so fair is going smoothly. 2021 February 16 - PD May 05 - Deficiency notice I- 693 May 15 - Bio appointment June 24 - bio done June 25 - Case ready for interview now waiting for the combo and getting insane as everybody on the same boat 🤷🏼‍♀️
RL 26Jul 26, 2021
@Vi Vi, they said EAD combo card will take 7.5 - 10 months 🤦‍♀️ what is your field office?
Vi ViJul 26, 2021
NBC field office is processing my I-485 I live in New York.
RL 26Jul 26, 2021
@Vi Vi, I see, my papers are also being processed at NBC but my field office is Reno NV
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Thomas LJul 26, 2021
hmmm I’m in New York too, NBC as well and a Paralegal
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Thomas LJul 26, 2021
@RL 26, once you married after 90 days you’re good. even if you over stay you’re good. but before 90 days red flag. so @Vivi it would go through the process smoothly but won’t get good outcome during interview. I saw a case where a green card holder can’t adjust the status of a spouse but only USC can. but they didn’t know, they went through the process smoothly but during interview, they only asked if petitioner is a usc or gc holder. he answered green card holder and it was denial on the spot. just after one question, because the rule is Gc holder can’t sponsor aos inside USA.
RL 26Jul 26, 2021
@clay S, thank you for the input. I've researched about the AOS and the 90 days rule. Good thing my husband is USC and just to play by the rules we did everything beyond the 90 days.
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Thomas LJul 26, 2021
her mistake was: if you’re out of status but married to a USA citizen, you’re forgiven. but if you’re out of status and you marry a gc holder it’s not forgiven. if she used a lawyer she would have been told, she went through the process smoothly only to be refused for this one reason. so it’s all about technicalities. NB. scenario is if beneficiary is out of status! just using this rule to explain to you how your situation would turn out
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Thomas LJul 26, 2021
however if she wasn’t out of status let’s say on a student visa and she’s still in school till interview she would have been good . they put those rules there for a reason so make sure you are in line.
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Thomas LJul 26, 2021
@RL 26 you’re good, all the best with your application, hope it goes fast and easy. stay blessed.
RL 26Jul 26, 2021
@clay S, thank you so much. I got a little anxious when I was doing my paperwork because my stay will expire around May 2021, good thing USCIS received my application March 26, 2021. I received the notifications May 5th 2021. It was really so close for me being out of status 😁
Vi ViJul 26, 2021
@clay I got married to a USC and I did marry under my visitor visa, I wasn't out of status. My only concern is if they will bother me on the interview bc the paper work that they sent back at the first time.
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Thomas LJul 27, 2021
@RL even if you were out of status, because your husband is a citizen they can’t use it against you.
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Thomas LJul 27, 2021
@Vivi marrying a USC doesn’t exempt you from the 90 days rule, oh only exempts over staying
RL 26Jul 27, 2021
@clay s, I figure that out too. 😊 thank you for the info. I appreciate it 😊
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Thomas LJul 27, 2021
sending back documents is normal cos most people make mistakes then they correct it and resend so there no issues there. the issue is the 90 days rule! you married before 90 day upon arrival. and that rule was strategically made to prevent people posing tourist to stay here and wait for their green card rather than wait in line in their home country.
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Thomas LJul 27, 2021
do you already bear your husbands last name ?
RL 26Jul 27, 2021
@clay s, On my I-485 application I wrote down my legal maiden name as all of my documents doesn't use my married name except my marriage cert. Am I still gonna be able to change my GC to my married name?
Vi ViJul 27, 2021
@clay it's very clear on internet that you can marry, but you cannot request the GC within 90days. I sent in about 50 days, but they sent back. The one that they accepted have more than 90days, so I should be ok, but you Know I'm overthinking about the first one if they kept in my records. I went to check all the documents back and they sent a green letter saying they will not keep any record of that forms. 🙏🏻
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Thomas LJul 28, 2021
oh yes then you should be save! usually we totally avoid marriage within the 90 days window. the second one is your priority date right, if yes then the first one won’t matter
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Thomas LJul 28, 2021
this is what I got from the internet Timing of The Wedding The timing of your wedding may raise red flags for USCIS when examining your case. If you are married too soon after entry and later apply for Adjustment of Status, it may be assumed that you entered the US with preconceived intent, despite filing the Adjustment of Status application after 90 days.
Vi ViJul 28, 2021
@clay yes, the second one is my current PD and I sent after 96days of the wedding.
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Thomas LJul 28, 2021
that’s why I suggested (my opinion not legal advice) remarrying if you don’t have your husbands last name! it would give you a new marriage date, no need to divorce and no need to even redraw application! just present new marriage certificate and if asked during interview you say you regret not taking your husbands last name so you remarried
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Thomas LJul 28, 2021
present during interviews I mean.
Vi ViJul 28, 2021
@Clay I added his name. My only concern is if they would give me a hard time because I sent the first one ( that was rejected ) before 90days.
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Thomas LJul 28, 2021
letter from uscis got your maiden name or marriage name
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Thomas LJul 28, 2021
but you see what I was telling you about the marriage date in the article, sorry for late reply I didn’t see your reply
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Thomas LJul 28, 2021
I know they only track all other applications you have every made with your Alien number so if the first one was rejected then it didn’t get an alien number. then it won’t be a problem

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