Just Some Information to Share

[Djwalker60 1]

Greetings;

I just wanted to share some information that I have just come upon while processing documentation for my wife's I-130 / I-485 and all related documentation relating to Adjustment of Status when entering the United States on a B2 Visa. While it is "legal" to do this, there are many caveats that one should be aware of.

To confirm it is legal; I've contacted the USCIS it'self along with several attorneys. HOWEVER ......... Be careful if you do this... First it is legal as I said, if you don't believe me you can call USCIS and also read all of the instructions for the I-130, I believe it's page 5 of the instructions where it says how to file both forms and where to mail them to.

We'll I was checking up on some things and also contacted a few lawyers and it appears that even though it is "legal" to apply for my wife's Adjustment of Status and I-130 at the same time while she is here in the US. There is what the USCIS called "Dual Intent" where if someone enters the United States on a Vistor Visa (B-2) and applies for AOS before 60 days there is to be a "intent to commit fraud" See below: So it appears that even though her I-94 will expire, being married to a US Citizen the expired I-94 is "forgiven" once the documents are submitted. Therefore, it has been recommended to file all documents after 60 days so that there is no intent of Fraud. This is complicated doing it this way, but it is legal. Just have to be careful as to how it is done. It is also referenced at times as "Presumption of Fraud" if you file BEFORE 60 days.. after this period there is no presumption of Fraud.

I just wanted to share some information to those out there thinking of doing this or are in the process of doing this.

This footnote is called the 30-60 day rule. This relates to the presumption of immigration fraud by consular officials.[1] If a person enters on a non-immigrant visa, such as a B-2 visa, but soon after works without USCIS authorization or marries a U.S. citizen or permanent resident, then a consular official may presume visa fraud and deny all future visa applications.

I hope this was somewhat informative.

Dan

[aussie_jason 195]

The 30/60/90 day rule is irrelevant for Adjustment Of Status with USCIS and intent alone can not be used as a reason to deny AOS, this subject has been discussed many times here.

[RiverDeep 7]

My husband has a good friend who is also a immigration attorney. He told my husband he has a case where a girl from Morocco was denied. She came on a visitor visa and got married within a couple of weeks and tried to adjust status. This all happened in less than 30 days. He told my husband the IO told her she came here to get married and adjust status.

Now, I don't have all the details. There may have been other issues that came in to play in her case. She had to appeal and I don't know if she has gotten the final decision yet. There is certainly no easy slam dunk when adjusting from a B2 but it can be done.

My husband and I are going through the process and hope all is well with us. Many people do get approved, but some have a hard time depending on all the circumstances and attitude of the IO for their case.

[Djwalker60 1]

I've contacted two Immigration attorneys.. this is what they say:

Local USCIS offices do indeed enforce the 30-60-90 day rule in marriage cases (immediate relative category). This is an issue that continues to come up and depending on the office, its officers are more or less insistent on applying it. Accordingly, attorneys routinely avoid the issue altogether by waiting at least 60 days to file.

So, it seems as different USCIS Local offices look at it differently. But as I've been told.. wait at least 60 days and avoid the "intent" & "30/60" day rule problems

D-

I've contacted two Immigration attorneys.. this is what they say:

Local USCIS offices do indeed enforce the 30-60-90 day rule in marriage cases (immediate relative category). This is an issue that continues to come up and depending on the office, its officers are more or less insistent on applying it. Accordingly, attorneys routinely avoid the issue altogether by waiting at least 60 days to file.

So, it seems as different USCIS Local offices look at it differently. But as I've been told.. wait at least 60 days and avoid the "intent" & "30/60" day rule problems

Oh, yes it has been discussed I'm sure but it is a subject that will come up and will continue to come up as our USCIS loves to changes things and cause good people issues. With that said, we are all here to give help and seek help when needed.. I appreciate all and any comments / suggestions.

D-

Edited February 25, 2014 by Djwalker60

[Darnell 8,478]

wife's I-130 / I-485

I'm sad to read of this, knowing full well there was a visa issued earlier.

http://www.visajourney.com/forums/topic/251451-uscis-nvc/

Edited February 25, 2014 by Darnell

[aussie_jason 195]

wife's I-130 / I-485

I'm sad to read of this, knowing full well there was a visa issued earlier.

http://www.visajourney.com/forums/topic/251451-uscis-nvc/

Nice catch, looks like his timeline is still for that past visa where his wife at that stage got as far as getting a 10 year GC.

[Djwalker60 1]

Darnell;

Can you email directly? djwalker60@gmail.com I need to fill you in on the post that you made...

Dan

[Djwalker60 1]

More to this than is realized here on these post..... If You Darnell or aussie_jason want to really know.. please email me at the address provided.

Dan

[Darnell 8,478]

Nice catch, looks like his timeline is still for that past visa where his wife at that stage got as far as getting a 10 year GC.

It's not that it's a catch,

as

circa page 3 to 19, it became a 1:1 convo with me. I remember it, as we spent time doing stuff.

Edited February 26, 2014 by Darnell

[twopeepsaz 3]

What is the 90 Days (30/90/90). We didn't decide to get married until about 70+ days after arrival and then got married the next day (about a month more after the multiple entry I-94), but filed our paperwork over 100 days afterward. Is it 60/90 days after you get your I-94, after your last entrance or after you get married? Also is it 60/90 days until you get married or file your paperwork. Now I am worried. The non-profit agency that helped us fill out the paperwork told us that AOS was our best option but they didn't say anything about 90 days.