How long to wait to file

[CanadianTeacher 0]

Hello

I just had a consultation with a lawyer, and they said that I should wait until I am in the USA for 60 days before I file for adjustment of status. Is this true, they said if I wait at least 30 it is better, but to be sure it should be 60 to not set off any alarms.

I got married a little over a week ago, and have been in the country on a visitor visa since august /12/13, we had planned on getting married and then leaving for Egypt, when I crossed the border from Canada, but when the military coop happened we decided to stay here instead and look for jobs in North America. My Wife found one in Nevada so we are now living there.

Has anyone had any luck filling before the 30 days or even the 60 days?

[Pitaya 2,577]

Check our timeline, wife and stepson POE 26 July, married 30 July, AOS packets mailed 17 August, GC cards received 30 Nov. No issues.

YMMV.

Good luck.

[CC90 90]

Don't think it will matter.

[_me 4]

Usually they advise you to wait for that long because if you come in on Visitor Visa, and get married right away or adjust right away then

it might cause a red flag, and that would also mean that you came in the US with an intent to marry and not visit.

Others have adjusted successfully adjusting their status right away or within the 30-60 day rule.

So, it's up to you if you want to wait or adjust right away.

Edited August 30, 2013 by _me

[vegasbound 83]

Check our timeline, wife and stepson POE 26 July, married 30 July, AOS packets mailed 17 August, GC cards received 30 Nov. No issues.

YMMV.

Good luck.

I think you misunderstood OP's question about the AOS.

OP entered the US on a visitor visa and got married. Now wants to file for AOS.

[vegasbound 83]

Hello

I just had a consultation with a lawyer, and they said that I should wait until I am in the USA for 60 days before I file for adjustment of status. Is this true, they said if I wait at least 30 it is better, but to be sure it should be 60 to not set off any alarms.

I got married a little over a week ago, and have been in the country on a visitor visa since august /12/13, we had planned on getting married and then leaving for Egypt, when I crossed the border from Canada, but when the military coop happened we decided to stay here instead and look for jobs in North America. My Wife found one in Nevada so we are now living there.

Has anyone had any luck filling before the 30 days or even the 60 days?

The situation in Egypt is not something that happened recently. It's been reported in the news at least for the past several months about the deterioration of the political situation in the country. I think you should be more concerned about finding a convincing reason for wanting to go to a country that is still in the midst of a revolution instead of whether to file in 30 or 60 days.

It's true that filing for AOS on a tourist visa is not illegal. The challenge for you is to prove that your plan to leave after getting married was genuine. It's good that you are using a lawyer because you might need it.

[nitrous_guy 23]

That rule is a myth. You can AOS whenever you are ready

Someone please correct me if I am wrong.

[Teddy B 17,252]

Hello

I just had a consultation with a lawyer, and they said that I should wait until I am in the USA for 60 days before I file for adjustment of status. Is this true, they said if I wait at least 30 it is better, but to be sure it should be 60 to not set off any alarms.

I got married a little over a week ago, and have been in the country on a visitor visa since august /12/13, we had planned on getting married and then leaving for Egypt, when I crossed the border from Canada, but when the military coop happened we decided to stay here instead and look for jobs in North America. My Wife found one in Nevada so we are now living there.

Has anyone had any luck filling before the 30 days or even the 60 days?

Just so I have this right. You entered the country as a Canadian tourist and got married within about a week of being here, and now you want to AOS from within the US based on marriage to a USC?

[Harpa Timsah 13,258]

Your lawyer is wrong. Get a new lawyer. Someone who has left the 80s.

[_me 4]

Your lawyer is wrong. Get a new lawyer. Someone who has left the 80s.

lol!

[CanadianTeacher 0]

Just so I have this right. You entered the country as a Canadian tourist and got married within about a week of being here, and now you want to AOS from within the US based on marriage to a USC?

Yes that is correct.

The situation in Egypt is not something that happened recently. It's been reported in the news at least for the past several months about the deterioration of the political situation in the country. I think you should be more concerned about finding a convincing reason for wanting to go to a country that is still in the midst of a revolution instead of whether to file in 30 or 60 days.

It's true that filing for AOS on a tourist visa is not illegal. The challenge for you is to prove that your plan to leave after getting married was genuine. It's good that you are using a lawyer because you might need it.

We were fine with the peaceful demonstrations, but when the initial removal of the demonstrators happened the day before we were suppose to leave, so that changed our mind. We are international teachers, and would have been outside of Cairo.

[Monday Jones 6]

I think that one reason to wait is to gather more evidence. After I married my husband, we got an apartment together, a bank account together (which you may or may not be able to get without a SSN), and so on. That took some time.

[CanadianTeacher 0]

Another thing I was wondering was, if my wife and I go to visit Canada during this whole process I know I have to fill out an I-131, but does she have to fill out anything, or is she fine to go back and forth as she was before we were married?

[Harpa Timsah 13,258]

Your wife is a USC and always has the right to return to the US. Whether Canada lets her in is their business, though they most likely will.

[Teddy B 17,252]

Hello

I just had a consultation with a lawyer, and they said that I should wait until I am in the USA for 60 days before I file for adjustment of status. Is this true, they said if I wait at least 30 it is better, but to be sure it should be 60 to not set off any alarms.

I got married a little over a week ago, and have been in the country on a visitor visa since august /12/13, we had planned on getting married and then leaving for Egypt, when I crossed the border from Canada, but when the military coop happened we decided to stay here instead and look for jobs in North America. My Wife found one in Nevada so we are now living there.

Has anyone had any luck filling before the 30 days or even the 60 days?

Just so I have this right. You entered the country as a Canadian tourist and got married within about a week of being here, and now you want to AOS from within the US based on marriage to a USC?

Yes that is correct.

We were fine with the peaceful demonstrations, but when the initial removal of the demonstrators happened the day before we were suppose to leave, so that changed our mind. We are international teachers, and would have been outside of Cairo.

While there is no set timeline for marrying a USC and filing for AOS, getting married within a week of entering the US and filing for AOS will appear a bit suspicious. It is considered visa fraud to enter the US on a tourist visa with the intent to immigrate. Whether this is the case here or not, only you and your spouse truly know. Luckily the burden of proof is on USCIS and not you. You can expect to be questioned about this, but it probably won't affect you AOS.

When you were going to go to Egypt after getting married, what were your plans for getting your green card?