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Filed: AOS (pnd) Country: Malaysia
Timeline

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!

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Filed: Citizen (apr) Country: Iran
Timeline

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.

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Filed: IR-2 Country: El Salvador
Timeline

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.

I-130

I-130 Sent : 11/02/2013

I-130 Received: 11/05/2013
I-130 NOA1: 11/06/2013

I-130 NOA2: 06/06/2014

NVC

NVC Received: 7/07/2014

Case & IIN # Received: 7/07/2014

DS261 Submitted: 7/28/2014

NVC Accepted DS261: 7/28/2014

AOS Bill Generated: 7/29/2014

Paid AOS Bill: 7/29/2014

Sent AOS Packet: 7/29/2014

<<TOOK UNSCHEDULED BREAK FROM FILING FROM INABILITY TO GET MINOR'S PASSPORT, During this time IV bill was generated and a checklist for AOS was generated and addressed>>

Paid IV Bill: 01/30/2015

Sent IV Packet: 2/3/2015

Case completed: 03/24/2015

EMBASSY

Case Received: 04/30/2015

Interview scheduled: 5/20/2015

RESCHEDULED 2 TIMES BECAUSE OF MEDICAL EXAM ISSUES - HAD TO SCHEDULE SEPARATE PSYCHOLOGICAL EXAM IN ADDITION TO MEDICAL EXAM WHICH CHANGED DATES

Interview Scheduled: 7/20/2015

Administrative Review for missing Marriage License

Approved Visa: 9/15/2015

POE: 10/9/2015

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Filed: Citizen (apr) Country: Nigeria
Timeline

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.

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Filed: AOS (pnd) Country: Malaysia
Timeline

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)

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Filed: IR-1/CR-1 Visa Country: China
Timeline

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.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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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.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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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.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Filed: AOS (pnd) Country: Malaysia
Timeline

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).

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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!

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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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 by hmh33

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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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.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

what are the plans to continue grad school in Canada ?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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