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snyc01

30/60/90 Rule and new I-94

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Hi all,

Hoping for some advice. Here's my question:

I am currently in the third year of a TN Visa expiring at the end of September. I got engaged about a month ago to a US citizen. We were introduced by a colleague of mine, and we have dated for a bit over a year and half. After a year of dating, we moved in together. We would like to get married a year from now in the U.S.

From what I have read, renewing a TN Visa while engaged can be difficult, as it shows an intent to immigrate. With that in mind, and also because I may switch to a job that would not be TN eligible, we are thinking of getting married sooner (with the larger wedding next year)/

Recently, I was traveling in Europe, and flew into Newark. The agent told me I had to get a new I-94 card (which hasn't happened to me before, even when entering from Europe). I argued with him but was very quickly told to be quiet. So I got a new I-94 card, with a TN stamp that expires at the end of September.

My questions:

1) I have read about the 30/60/90 day rule regarding waiting to do an AOS. Would that timeline start from the time I initially got the TN visa (about 2 1/2 years ago), or from the date of my most recent entry into the US when I got the new I-94? My concern with waiting 60 days to file is whether I will then have enough time to get an EAD approved before my TN runs out.

2) Am I overthinking the issue of being engaged on a TN? Have others had any problem when renewing a TN? I'm worried that getting a TN in September, and then getting married in April or May, will create additional problems as I could be accused of getting applying for the TN under false pretenses (since I had the intent to get married and stay in the US).

Thanks very much for any help.


TN to GC Timeline:

  • 6/2013 - TN Status Renewed for 3 years
  • 6/2014 - Married in US
  • 2/5/2016 - Sent I-130/I-485/I-131/I-765 to Chicago Lockbox via FedEx
  • 2/9/2016 - FedEx confirmed delivery
  • 2/16/2016 - Received NOA1 for all documents (via e-mail and text)
  • 2/26/2016 - Received notice of biometrics appointment for 3/7/2016
  • 3/02/2016 - Walk-in biometrics appointment completed
  • 4/12/2016 - E-mail notification of I-131 and I-765 (card ordered)
  • 4/22/2016 - Received EAD/AP Combo Card
  • 09/14/2016 - E-mail notification of interview date
  • 10/17/2016 - Interview
  • 10/17/2016 - E-mail notification of I-485 approval
  • 10/24/2016 - Green Card in hand!

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My apologies, I think this should likely be moved to the "Adjustment of Status from Work, Student, & Tourist Visa" forum.


TN to GC Timeline:

  • 6/2013 - TN Status Renewed for 3 years
  • 6/2014 - Married in US
  • 2/5/2016 - Sent I-130/I-485/I-131/I-765 to Chicago Lockbox via FedEx
  • 2/9/2016 - FedEx confirmed delivery
  • 2/16/2016 - Received NOA1 for all documents (via e-mail and text)
  • 2/26/2016 - Received notice of biometrics appointment for 3/7/2016
  • 3/02/2016 - Walk-in biometrics appointment completed
  • 4/12/2016 - E-mail notification of I-131 and I-765 (card ordered)
  • 4/22/2016 - Received EAD/AP Combo Card
  • 09/14/2016 - E-mail notification of interview date
  • 10/17/2016 - Interview
  • 10/17/2016 - E-mail notification of I-485 approval
  • 10/24/2016 - Green Card in hand!

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30/60/90 day rule is NOT a thing. Ignore any advice or person that says it is. It was never a "rule" or a "law" or anything. It was in the Foreign affairs manual, which isn't what USCIS (domestic) uses anyway.

Marry now and file and have a good life :)


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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My apologies, I think this should likely be moved to the "Adjustment of Status from Work, Student, & Tourist Visa" forum.

*** Thread moved from the AOS/Family-Based main forum to the requested forum. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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30/60/90 day rule is NOT a thing. Ignore any advice or person that says it is. It was never a "rule" or a "law" or anything. It was in the Foreign affairs manual, which isn't what USCIS (domestic) uses anyway.

Marry now and file and have a good life smile.png

i agree with u, its nothing to worry about

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Sorry but what is the 30/60/90 rule?


2010 - We met at work while I was doing my OPT

Jan 2011 - We started dating!

March 2011 - I went back to Mexico becuse my OPT had ended

Apr 2011 - He comes to Mexico to visit me & meets my parents

May 2011 - I come back to the US with a TN-1 visa

March 10, 2012 - We got married!!! Civil ceremony with a few friends and family

August 12, 2012 - We have our big wedding celebration. Family comes from all over!

April 10, 2013 - We submit our papers! I-130, I-485, I-765

April 22, 2013 - We receive text and email NOA1

April 25, 2013 - We receive NOA1 for all 3 cases on the mail

April 27, 2013 - Received biometrics appt. letter for May 20, 2012

April 29, 2013 - We walk-in to get my briometrics. Got them done 22 days early!

May 24, 2013 - We receive letter with Interview Date for June 24th.

June 12, 2013 - Status on USCIS website for I-765 changes to Card Production

June 20, 2013 - I got my Work Authorization card!

June 25, 2013 - Interview at USCIS Fairfax, VA. Approved!

June 27, 2013 - USCIS website says my GC is in Production. yay!

July 1st, 2013 - Got my Green Card in the mail!

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Sorry but what is the 30/60/90 rule?

This was actually the best page I found that explained it ...

http://www.hooyou.com/familybased/exceptions.html

It's rather lengthy but it definitely explains it. It's used to prove whether or not there was preconceived intent on marrying when entering the US.

"According to the Department of State’s Foreign Affairs Manual (9 FAM 40.63, N 4.7), the 30/60-day rule is meant to be used for guidance only, since it is not governed by the statutes or regulations."

Edited by Carla & Dave

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Click "SHOW" for detailed VWP to AOS timeline

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It's important to re-iterate that the 30 / 60 / 90 day rule is not law or policy and is not the way things work.

Nobody should rely on it, ever, because it holds no weight.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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It's important to re-iterate that the 30 / 60 / 90 day rule is not law or policy and is not the way things work.

Nobody should rely on it, ever, because it holds no weight.

Really? I'm surprised to hear this because my husband (on an F-1 visa at the time) wanted to leave the US to conduct a research trip, return, and then get married the next month and adjust status. Our lawyer warned us up and down against it, explained the 30/60/90 "guideline", and insisted that his AOS application would likely be denied if we got married within 30 days of his last entry - AND that he could potentially be accused of immigration fraud and given a 5-year ban for entering the US on an F-1 visa with intent to immigrate.

So.. what makes you say it holds no weight? Experience or legal theory or something else? And if it holds no weight, why is it so commonly cited? Overly cautious lawyers?

If it's true 30-60 holds no weight, it's too bad, as our worries over this made our lives excessively complicated!

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The adjudicator's field manual makes no mention of the 30 / 60 / 90 day rule at all, and that is what USCIS adjudicators must base their decisions upon, by law.

Think about it - if your marriage was not legitimate on day 29, then on day 30 it doesn't magically become all better.

USCIS base their decisions on the evidence you submit, nothing more and nothing less.

It's still cited by some misinformed lawyers here and there. The fact that yours is doing so is not a good point on his account.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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It really is a non-issue. I got married 11 days after my entry. Never came up at the AOS interview or caused any problems. Intent to get married is fine, anyway. People go to Hawaii just to marry & have their honeymoon and then go back to their home countries all the time. Intent to immigrate/stay and do AOS is the thing that may cause problems.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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