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Filed: Timeline
Posted

Hi All

As the thread title says I am confused - utterly - by all of this. I've read various posts/threads about the 30-60-90 day rule, about filing before 90 days etc and there seems to be different opinions and I just don't know what is correct. I've read some say there is no issue and AOS will be granted no problem and others saying there is no chance and I will be thrown out of the country. HELP!!! This is my situation:

I came to the US on Apr 28 on the 90 day VWP from the UK. I was intending to only stay 72 days and just relax with my US friend who I have known for a year or more (online only, we have never before met in person). Things soon changed and we realised we were in love. We are planning to get married. We want to be together and not be parted again. These are my questions:

1: Is it best to wait until 60 days are up before we marry?

2: I told the Immigration Officer I would be returning to the UK on July 10, because that is what I believed at the time. That was my intention. Will I be violating the reasons for my admittance by changing from that decision to marrying and filing for a change of status?

3: Do I need to have my case heard by the authorities before the 90 days are up (as I have read)?

Please help me here, this is all so very confusing.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

There is no 30/60/90 rule. Get married, file the paperwork, prepare for the interview.

VJ is a good source of info. Read through the forums. Specifically this forum to familiarize yourselves with what to expect.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

There is no 30-60-90 day rule.

1. You are fine to marry when you want, although if you are in San Diego, it was best to file your AOS before your VWP expired (this may have changed, haven't heard much about the SD office lately).

2. No, we all intended to leave after our authorized stay expired, but ended up changing our minds. You had no intent to stay, when you entered the US.

3. No, and it probably wouldn't happen anyway. You are looking at about a 90-day process from the time you file, so it is very unlikely you would even get an interview before your 90 days are up. Anyway, when you file your AOS package, you enter a new period of authorized stay.

Read the guide (through the menus up top) for AOS while in the US, and start collecting the documents you need. Congratulations! Let us know how everything goes.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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