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Extended TN while in US, how does 30/60 rule apply?

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Filed: Timeline

I am a Canadian in the US on a TN Visa. My TN was set to expire this October, so my company applied to extend it for another three years via mail. The extension was successful and my TN is now extended until October 2019 (I did not leave the US during this process).

I am married to a US permanent resident, my I-130 was approved, and my priority date is current. I would like to apply for adjustment of status as soon as possible. I am aware that it is advised to wait 30/60 days from entering the US/applying for a non-immigrant visa before applying for adjustment of status, but I am confused how to calculate that date in this case.

What is the starting point for the 30/60 days?

1. January 2016 (the date I last entered the US)

2. June 2016 (the date my TN extension application was received by the USCIS)

3. August 2016 (the notice date on my approved TN extension)

Thanks in advance for any help in clearing this up. I really want to get the adjustment of status submitted as soon as possible, but I don't want to run afoul of any rules/guidelines that might cause the USCIS to question my immigration intention.

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Filed: Lift. Cond. (apr) Country: China
Timeline

USCIS has no such rule.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: Lift. Cond. (apr) Country: China
Timeline

Thanks for the quick reply. Could you further clarify? Is this rule only for application via the State department?

It only appears in State Department manuals, not the USCIS Field Adjudicator's Manual which is what the adjudicator's at USCIS go by when reviewing files.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: Timeline

It only appears in State Department manuals, not the USCIS Field Adjudicator's Manual which is what the adjudicator's at USCIS go by when reviewing files.

I do see the 30/60 rule in the USCIS Field Adjuicator's Manual (text copied below): https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartJ-Chapter3.html

I understand that it may not be a hard and fast rule, but nevertheless it is a documented reference point in their analysis so it would be helpful to know how it applies in my situation.

3. The U.S Department of State’s 30/60 Day Rule​

The U.S. Department of State (DOS) has developed ​a​ 30/60-day rule ​to​ assist consular officers in evaluating misrepresentation in cases involving ​a person who was​ in the United States​ and ​whose conduct is or was inconsistent with representations made to the c​onsular officer concerning his or her​ intentions at the time of the visa application​.​ [8] For more information on the 30/60 Day Rule, refer to the Foreign Affairs Manual (FAM). See 9 FAM 302.9-4(B)(3), Interpretation of the Term Misrepresentation, Section (g) Applying the 30/60 Day Rule.

An officer should keep in mind that the 30/60 day rule is not a “rule” in the sense of a binding principle of decision​. ​The rule ​is simply an analytical tool that may be helpful in resolving in a particular case whether ​a person​’s actions support of finding of fraud or misrepresentation​. ​Officers must not use​Foreign Affairs Manual (​FAM​)​ guidance in a denial​.

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I do see the 30/60 rule in the USCIS Field Adjuicator's Manual (text copied below): https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartJ-Chapter3.html

I understand that it may not be a hard and fast rule, but nevertheless it is a documented reference point in their analysis so it would be helpful to know how it applies in my situation.

3. The U.S Department of State’s 30/60 Day Rule​

The U.S. Department of State (DOS) has developed ​a​ 30/60-day rule ​to​ assist consular officers in evaluating misrepresentation in cases involving ​a person who was​ in the United States​ and ​whose conduct is or was inconsistent with representations made to the c​onsular officer concerning his or her​ intentions at the time of the visa application​.​ [8] For more information on the 30/60 Day Rule, refer to the Foreign Affairs Manual (FAM). See 9 FAM 302.9-4(B)(3), Interpretation of the Term Misrepresentation, Section (g) Applying the 30/60 Day Rule.

An officer should keep in mind that the 30/60 day rule is not a “rule” in the sense of a binding principle of decision​. ​The rule ​is simply an analytical tool that may be helpful in resolving in a particular case whether ​a person​’s actions support of finding of fraud or misrepresentation​. ​Officers must not use​Foreign Affairs Manual (​FAM​)​ guidance in a denial​.

Their "rule" is not a law so go ahead, ignore it, don't waste any more of your time, and apply for the AOS. :)

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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