30/60 days rule?

[uncrustables 7]

Hi,

I was wondering if this rule applies to everybody? I am married to a USC. We live overseas so we started with a CR1 visa and submitted the I-130 last month. Got the I-130 approval yesterday. We are now in the US (rented a summer rental so we could spend the summer here-have some family coming to Seattle, and wanted to spend time with them... ). I came in as a B2 visitor. We actually really like it here and wish we could stay and not leave. Do I have to wait the 60 days to apply for AOS? I had my medical done 2 weeks ago and read that they might think that I had preconceived intent (i was overdue for a vaccine and wanted to get it done since I would need it for my CR1)

thank you

[ashleyphilly 70]

Since you filed i 130 already, doing AOS in US would be considered pre conceived intent, and you might be judged for frauding your B2 visa. This is risky.

[Hypnos 6,576]

There is no such rule when it comes to USCIS. Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

[uncrustables 7]

There is no such rule when it comes to USCIS. Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

what do you mean there is no such rule... I've read everywhere that there is....

[deezwho 7]

you should consult a lawyer ... but based on a google search I found the following on a legal advice website:

"IT IS BAD FAITH TO TRY TO CHANGE YOUR VISA CATEGORY DURING FIRST 60 DAYS IN THE U.S."

http://www.avvo.com/legal-guides/ugc/30-60-day-aos-adjustment-of-status-rule-of-preconceived-intent

Keep in mind that granting the AOS is still discretionary even after the 60 day period if they think that you did it just to shortcut the process.

[KayDeeCee 4,893]

They may scrutinize you more and ask a lot of questions about your intent, but they cannot actually deny you unless they can prove you misrepresented your intentions when applying for the visa and/or entering the US via the non-immigrant visa. http://www.state.gov/documents/organization/87011.pdf

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[Harpa Timsah 13,258]

Lawyers try to play up this "rule" to get your money, and they misunderstand what it is about and where it applies. Long story short, it's not a thing.

[Gia2577 12]

Of course you can adjust and you did not have intent bc you came for a holiday and now want to stay. Harpa is right you don't need a lawyer, you can do this all, I did with this forums help.

[Terry J 50]

I really wish some people on VJ would not scare others who are currently in the US legally as a visitor and came in initially with a visitor's intent and subsequently decide to change gears from consular processing to AOS.

Once the border official let you in and you did not lie to them at the point of entry, you have nothing to fear.

Even though the I-130 that you filed suggests immigrant intent, and if you are admitted to the US and decide to switch to AOS you can file immediately if you wish.

Make sure to include a copy of your approved I-130 when you file for AOS.

Several on VJ including myself have successfully switched from consular processing to AOS stateside - without preconceived intent and without issue.

Without a doubt, people may have done this with fraudulent intent, but what they do does not concern your situation.

[Gia2577 12]

I really wish some people on VJ would not scare others who are currently in the US legally as a visitor and came in initially with a visitor's intent and subsequently decide to change gears from consular processing to AOS.

Once the border official let you in and you did not lie to them at the point of entry, you have nothing to fear.

Even though the I-130 that you filed suggests immigrant intent, and if you are admitted to the US and decide to switch to AOS you can file immediately if you wish.

Make sure to include a copy of your approved I-130 when you file for AOS.

Several on VJ including myself have successfully switched from consular processing to AOS stateside - without preconceived intent and without issue.

Without a doubt, people may have done this with fraudulent intent, but what they do does not concern your situation.

yes Terry you are spot on, there so many people on these forums who are bitter about it for some reason.. I didn't even know about the adjustment of status option until well after I filed my i130 (ten months after) and was visiting my husband in the US when I made an info pass appt and found out from the immigration officer about it. She actually said I should have done it all along to make my process easier. When i came on here and innocently asked about it, i was attacked it was the first time I had found the forum so I was shocked. A few people reached out privately and told me not to listen to them and go ahead with it. By the way You can actually file the AOS without an approved i130 NOA, i did with just the pending NOA and it worked for me. I filed in Nov and got my greencard two days ago.

[Terry J 50]

yes Terry you are spot on, there so many people on these forums who are bitter about it for some reason.. I didn't even know about the adjustment of status option until well after I filed my i130 (ten months after) and was visiting my husband in the US when I made an info pass appt and found out from the immigration officer about it. She actually said I should have done it all along to make my process easier. When i came on here and innocently asked about it, i was attacked it was the first time I had found the forum so I was shocked. A few people reached out privately and told me not to listen to them and go ahead with it. By the way You can actually file the AOS without an approved i130 NOA, i did with just the pending NOA and it worked for me. I filed in Nov and got my greencard two days ago.

Hi Gia,

That's correct that people can also file the I-485 with a pending I-130. I did that as well. As you can see by my signature, my AOS approval was delayed by a month because of a mix up with the I-130 being shipped to the NVC by mistake. Thankfully it all got sorted out fairly quickly.

I've seen too many posts on VJ in relation the subject matter of the OP's turn into a ridiculous and heated exchange due to misinformation provided by some posters.