Can I submit an adjustment of status after my 90 days have passed? - EB5Investors.com

Can I submit an adjustment of status after my 90 days have passed?

My U.S. citizen husband had submitted the I-130 to sponsor my I-485 based on marriage in July, and then I left the U.S. in mid-August and returned in September on my F-1 OPT (nonimmigrant visa). I have NOT submitted anything else for my marriage-based AOS. When I re-entered the U.S. in September, I was not asked anything about I-130, my marital status, or any intention to stay in the U.S. permanently. They only looked at my employment letter and I-20. My 90-day since last reentry passed. Would there be an issue if I submit my AOS applications (I-485, I-765, and I-131) now? Would it be OK because the applicant for I-130 was my U.S. citizen spouse and not myself?

Answers

Lynne Feldman

Lynne Feldman

EB-5 Immigration attorneys
Answered on

Should be fine.

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