30/60/90 Guideline reset?

[annachan 0]

Hello, new to posting on the site, but have found visajourney an incredibly helpful resource. Thank you everyone in advance for your input.

So here is the situation:

Boyfriend (Canadian permanent resident/Malaysian passport holder) travels to the US on a tourist visa and enters on 9/11/2013. After a few months, decided to get married to US citizen. We had no intention of this before he got his tourist visa as he was to return to Canada to continue grad school. He went back to Canada on Oct 14 to pick up some a renewed PR card and returned to the US the same day.

We got married yesterday (12/11/13) and we are going to the UK for our honeymoon, returning on 1/1/214.

We have all our paperwork completed and will be submitting the I-130 and I-485 together once we return from London.

The 30/60/90 guideline kind of scares me though.

1. Does it count from the most recent entry? Should we consider 9/11 or 10/14 as the date the guideline count starts? Those are the dates before we were married.

2. Would returning from London be a non-issue because we are already married?

3. I've read that this 30/60/90 guideline isn't really used for immediate relatives, however, when he did enter the US, he was not an immediate relative (spouse).

Thank you all!

[belinda63 3,041]

He left the US, went to Canda and returned to the US with the intent to remain. Now he is going to leave the US after the marriage and return on a NON-IMMIGRANT visa with the intent to immigrate.

1. The 30/60/90 rule is a myth. You were married prior to leaving the US and returned with intent to immigrate.

2. If he admits he is married to a US citizen he may be denied re-entry to the US. If he honestly states he is coming to the US to immigrate he will be denied entry. If he lies he could be deported with a life-time ban for material misrepresentation.

[Harmon-y 32]

I think we need to get some more experienced people in here but being married to you WILL NOT allow him to just come back into the US after your honeymoon. I really really recommend you do not go to London until you get some more advise because I am pretty sure he will be barred entry. He will only be allowed back into the US once his visa is approved (maybe 1 year or more). I would stay put.

[dwheels76 5,468]

Hello, new to posting on the site, but have found visajourney an incredibly helpful resource. Thank you everyone in advance for your input.

So here is the situation:

Boyfriend (Canadian permanent resident/Malaysian passport holder) travels to the US on a tourist visa and enters on 9/11/2013. After a few months, decided to get married to US citizen. We had no intention of this before he got his tourist visa as he was to return to Canada to continue grad school. He went back to Canada on Oct 14 to pick up some a renewed PR card and returned to the US the same day.

We got married yesterday (12/11/13) and we are going to the UK for our honeymoon, returning on 1/1/214.

We have all our paperwork completed and will be submitting the I-130 and I-485 together once we return from London.

The 30/60/90 guideline kind of scares me though.

1. Does it count from the most recent entry? Should we consider 9/11 or 10/14 as the date the guideline count starts? Those are the dates before we were married.

2. Would returning from London be a non-issue because we are already married?

3. I've read that this 30/60/90 guideline isn't really used for immediate relatives, however, when he did enter the US, he was not an immediate relative (spouse).

Thank you all!

The problem is once you leave and you come back to file you are seting yourself up for immigration fraud. Also no guarantee he will be allowed in. Being married to you is no guarantee.

That 30/60/90 rule is a vague rule and not really spomething that is a rule of thumb byt a guideline. But as I said if you intend to Adjust status you need to do it and he can't leave until he is approved.

[annachan 0]

Hi,

@belinda63 - when he returned to Canada on 10/14 to pick up his updated PR card, we still had not discussed marriage or him staying in the US (which is why he needed the Canadian PR card in the first place so he could return to Canada as our intentions were)

[Darnell 8,479]

IMO, the fact he not stay in the USA and FILE the AOS package and NEVER leaving till the greencard is in hand,

removes that ability for an adjustment of status, to file after marriage.

I could, of course, be wrong.

[KayDeeCee 4,895]

If you marry and he stays in the US, then you can file for AOS. You cannot get married, leave the US to honeymoon elsewhere, then return and file for AOS.

[Caryh 5,206]

So you're trying to decide how long to wait before applying so there is no preconceived intent when the intent certainly is there if he leaves the country again? You're going to start counting the days upon the return from the honeymoon. That is if they let your husband back into the USA when they find out he's just married a citizen and has been spending more time in the USA than Canada. Unless you want to risk him having to wait out the Visa application time in Canada, it is not a good idea to leave the country at this point.

[ValerieA 350]

Your spouse should NOT leave the US until he has his green card (or at least, AP) in hand. Do NOT under any circumstances get on that plane to the UK unless you are prepared for him to fly from the UK to Canada and apply for a CR-1 visa from there. He is not allowed to enter the US with immigrant intent on a tourist visa.

[annachan 0]

Thank you everyone. We decided to cancel the trip to the UK and just stay put, submit the I-130, I-485 (this will also include I-131).

[ValerieA 350]

Make sure you keep a copy of the cancellation. It's rare, but I have heard of instances where USCIS mistakenly believes that the person has left the country anyway (some kind of mixup with the airline records, I believe).

Use the guide in the menu up top for what forms to include, and good luck!

[hmh33 117]

Thank you everyone. We decided to cancel the trip to the UK and just stay put, submit the I-130, I-485 (this will also include I-131).

Good move. The UK is dreary in winter anyway.

Edited December 13, 2013 by hmh33

[Teddy B 17,252]

Thank you everyone. We decided to cancel the trip to the UK and just stay put, submit the I-130, I-485 (this will also include I-131).

Good decision.

[Darnell 8,479]

what are the plans to continue grad school in Canada ?