Question about 30/60 intent rule

[raptorbay 0]

I have read that if you come into US as a visitor and then file for your green card that it sets up a red flag if it happens before 60 days after your last arrival in US , that it is best to wait. My situation is , my wife has been visiting me here in the USA for several times last year , one time she came out (as visitor) and she got married , then she returned to Canada. over 8 months later she return to USA and we are going to wait the 60 days before we apply for her papers , my question is will they look back and apply the 30/60 rule to our September wedding date? We got married 2 weeks after she came here on a tourist visa but we arn't appying for her green card until 60 days after a different stamp , I would really like some help on this.

I am American Citizen

She is Filipina Citizen but a Perminant resident of Canada (with USA tourist Visa) Visa type R class b1/b2

[Shauneg 762]

She has to go back to Canada to adjust status. If you try to adjust here you are just sitting yourselves up for problems, she's here on a visitor not an immigrant one. They could find that she fraudulently came over on a tourist visa with intent to stay and be subject to deportation and have a ban.

[ascertainLovE 165]

I have read that if you come into US as a visitor and then file for your green card that it sets up a red flag if it happens before 60 days after your last arrival in US , that it is best to wait. My situation is , my wife has been visiting me here in the USA for several times last year , one time she came out (as visitor) and she got married , then she returned to Canada. over 8 months later she return to USA and we are going to wait the 60 days before we apply for her papers , my question is will they look back and apply the 30/60 rule to our September wedding date? We got married 2 weeks after she came here on a tourist visa but we arn't appying for her green card until 60 days after a different stamp , I would really like some help on this.

I am American Citizen

She is Filipina Citizen but a Perminant resident of Canada (with USA tourist Visa) Visa type R class b1/b2

tell her to obey the rules and wait in line like everyone else. Although the application would be pending, she is lucky she has a visitor's visa and could still visit. Many are unlucky and don't have the option. When things are already perfect for you, there is no need to abuse the law.

Edited March 25, 2015 by ascertainLovE

[Kastrs 723]

tell her to obey the rules and wait in line like everyone else.

THIS!

File for a CR1 visa

Read the guides

I have read that if you come into US as a visitor and then file for your green card that it sets up a red flag if it happens before 60 days after your last arrival in US , that it is best to wait. My situation is , my wife has been visiting me here in the USA for several times last year , one time she came out (as visitor) and she got married , then she returned to Canada. over 8 months later she return to USA and we are going to wait the 60 days before we apply for her papers , my question is will they look back and apply the 30/60 rule to our September wedding date? We got married 2 weeks after she came here on a tourist visa but we arn't appying for her green card until 60 days after a different stamp , I would really like some help on this.

I am American Citizen

She is Filipina Citizen but a Perminant resident of Canada (with USA tourist Visa) Visa type R class b1/b2

What you are proposing is fraud. It is illegal to come to the US on a visitor visa with the intent to adjust status.

[Shauneg 762]

I have read that if you come into US as a visitor and then file for your green card that it sets up a red flag if it happens before 60 days after your last arrival in US , that it is best to wait. My situation is , my wife has been visiting me here in the USA for several times last year , one time she came out (as visitor) and she got married , then she returned to Canada. over 8 months later she return to USA and we are going to wait the 60 days before we apply for her papers , my question is will they look back and apply the 30/60 rule to our September wedding date? We got married 2 weeks after she came here on a tourist visa but we arn't appying for her green card until 60 days after a different stamp , I would really like some help on this.

I am American Citizen

She is Filipina Citizen but a Perminant resident of Canada (with USA tourist Visa) Visa type R class b1/b2

What the "30/60 rule" you are referring is for those who come over and meet someone then decided to get married. It seems you've cherry picked the parts that benefit your situation....intentional or not. Do not do this, it won't end well.

[Boiler 45,663]

30/60 day is a misnomer.

Nothing suggests you wil have any issue adjusting in country.

VJ has a seperate section for those adjusting from B etc, you will see others who have had zero problems.

I will ask this thread bets moved so you can get better comments.

[ChicagoSarah 127]

Lots of people do adjust from tourist visas and end up just fine. But, as many mentioned, it is visa fraud. You clearly have immigration intent on a non-immigrant visa. If she is asked at the border what her intent is with her visit and she lies to them, that can mean even bigger trouble. And if she tells the truth and says she plans to enter on a B visa and adjust status, they will deny her entry. No one on VJ can advise you to follow your plan as it is against TOS.

The CR1 visa is the appropriate route to take. She should still be able to visit while the visa is processing (at the discretion of a border agent).

[Boiler 45,663]

Wife is in the US.

PoE have already assessed immigrant intent.

[ChicagoSarah 127]

Ah, I overlooked that piece.

OP - what did she tell the border crossing agent about the purpose of her visit? Assuming she may have some personal belongings she will need, how will she get those to your house in the US?

The path you'v chosen is still immigration fraud. Many people get away with it, but it's not a risk I would be willing to run. Why not have her go back to Canada, file for the CR1, and have her continue to visit on her B visa? Then you know you've done everything legally and won't run into trouble down the road.

I'm not sure how you're going to prove that "she just came for a routine visit, but she HAD to stay because of ????" USCIS will likely see no reason she had to adjust status and will certainly not see how it was a spur of the moment decision (perhaps because it wasn't).

[ChicagoSarah 127]

For the record, if you had applied for the CR1 visa after you got married and she returned to Canada 8 months ago, you'd be practically done and have an immigration visa and green card for her within the next few months.

Hindsight is 20/20.....

[Boiler 45,663]

They do not have anything to prove.

[ChicagoSarah 127]

I'm just trying to encourage the legal route that means no trouble down the road. Adjusting is certainly easier and will likely do just fine, but aren't they likely to have some questions at their AOS interview?

I know lots of people enter on tourist visas and adjust status and get away with it, but I think we can all agree that it's not the right way to go about it.

[Boiler 45,663]

It is not a question of right or wrong, and it is legal.

[ChicagoSarah 127]

OP - I'm not one to argue with Boiler. They've been on the site for quite some time and been incredibly instrumental in helping a lot of users. I'd trust their advice.

My only hope is that she didn't lie to the border agent when she came in this time. Per Boiler's advice, it sounds like you can go ahead with adjustment without issue.

And I agree that the 30/60 rule isn't really an issue. It's a tale that's told, but certainly not words to live by.

[ascertainLovE 165]

Wife is in the US.

PoE have already assessed immigrant intent.

you are really gung ho about letting everybody know that there is no issue with adjusting from a tourist visa. Every thread that comes up about it you are there. It is almost as if you have a personal interest in the issue.