visa waiver

[Seve G 0]

Rather than K3 i am in the US at the moment for the birth of my son on a visa waiver. Can i put in a change of status (i have been told there is a 30/60 day rule) but i have to return to UK as i am the bread winner as my wife is the baby maker. Can anyone expain this rule

[MargotDarko 0]

Rather than K3 i am in the US at the moment for the birth of my son on a visa waiver. Can i put in a change of status (i have been told there is a 30/60 day rule) but i have to return to UK as i am the bread winner as my wife is the baby maker. Can anyone expain this rule

In my opinion, it is too risky in your situation. As you are already married (I am guessing by saying something about K3) and as you are there for your son's birth, they will probably think you had intent to stay when you entered. Also, if you file to adjust status, you cannot leave until you have advanced parole (well, you could leave but not re-enter) and you should not leave until you have the green card (which can take several months to over a year I think).

If you have to return to work within the next few months, you should not take the risk. If you had any intention of possibly staying when you entered this time, you should not take the risk.

If you had no intention at all to stay on this trip and if you could afford to stay for months until you had your green card, it would probably be okay.

[Kez/JWolf 6]

There is no such rule as the 30/60/90 day rule you talk about.... this was a system that was recommended by lawyers to follow, they claim that if you file to adjust your status within 30 days of entry then USCIS would assume you had intent to remain, if you filed to adjust after 60 days then USCIS would assume you had less intent and after 90 days no intent....

This is not a USCIS guideline and USCIS may suspect intent no matter when you filed...

Given that you need to return to the UK fairly soon to work trying to do AOS for you would not be the best option as it would take 90+ days from filing to be approved for Employment authorization and then a few weeks to get a SSN before you could start work.... you would not be able to leave and re-enter the USA until you had your greencard in hand and that can take anything from 4 months to years....

I know it must be hard to have to think about leaving your new baby and the rest of your family but you would be best to file for K3/CR1 visa as soon as you can. you could file for this while you are here that will cut down the time apart... A chat with a goos immigration lawyer would also help you to understand the risks you would be taking if you tried to do AOS from a tourist visa.... It can be done in cases like yours but there are risks and and you have said you need to work....

Good Luck and Congrats on the new baby..

Kez