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AM1CR1

30/60 Day Rule & questions perhaps regarding forms!

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Hi,

 

Just wanted to see anyone's input on our situation. I'm an American citizen who recently moved back to the US for a job opportunity. My wife has been with me in the US for 3 weeks now and we intend on filing the I-130 and I-485 forms along with additional documents (EAD and I-131). We're looking to start this up earlier rather than later because we originally planned to have a church wedding celebration early next year, around March 2020 in Canada (where we are originally from). Although we were looking to go back to Canada around February, this means that it would be around 7-8 months from the time of I-131 filing to the day we hope to return. I just perhaps had a few questions regarding the process:

 

1. Is this an ample amount of time to get the I-131 processed in time for next May? We're currently in Albany, NY. So I'm not sure where our documents get processed? 

2. Also would filing in the next week or so risky? I heard that the 30/60 day rule may prevent us from being screened for pre-conceived intent of immigration. 

3. Regarding the I-131, we were wondering if it would be possible to get it expedited on the basis of our church wedding celebration (we signed a contract and paid a non-refundable deposit of ~$6000). The contract states that if we were to cancel or reschedule, we would have to pay the full amount that was originally negotiated which is roughly ~$15K. Would this count as a severe financial loss? 

 

 

Any help is greatly appreciated! I just discovered this forum and it's an absolute gem for information regarding the entire process. I also enjoy reading people's stories and also timelines :) 

Thanks.

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16 minutes ago, AM1CR1 said:

Hi,

 

Just wanted to see anyone's input on our situation. I'm an American citizen who recently moved back to the US for a job opportunity. My wife has been with me in the US for 3 weeks now and we intend on filing the I-130 and I-485 forms along with additional documents (EAD and I-131). We're looking to start this up earlier rather than later because we originally planned to have a church wedding celebration early next year, around March 2020 in Canada (where we are originally from). Although we were looking to go back to Canada around February, this means that it would be around 7-8 months from the time of I-131 filing to the day we hope to return. I just perhaps had a few questions regarding the process:

 

1. Is this an ample amount of time to get the I-131 processed in time for next May? We're currently in Albany, NY. So I'm not sure where our documents get processed? 

2. Also would filing in the next week or so risky? I heard that the 30/60 day rule may prevent us from being screened for pre-conceived intent of immigration. 

3. Regarding the I-131, we were wondering if it would be possible to get it expedited on the basis of our church wedding celebration (we signed a contract and paid a non-refundable deposit of ~$6000). The contract states that if we were to cancel or reschedule, we would have to pay the full amount that was originally negotiated which is roughly ~$15K. Would this count as a severe financial loss? 

 

 

Any help is greatly appreciated! I just discovered this forum and it's an absolute gem for information regarding the entire process. I also enjoy reading people's stories and also timelines :) 

Thanks.

Bo such rules exists.

 

Uscis is reporting 3 to 5 months for ead/ap


YMMV

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1 minute ago, AM1CR1 said:

Oh I was referring to this:

https://citizenpath.com/30-60-day-rule-adjustment-status/

 

Is this not a thing ?

If it isn't an official source it needs to be taken with a grain of salt.   Even the link you provided said the 30/60 rule was eliminated in favor of some sort of new 90 rule,  which doesn't exist either 


YMMV

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11 minutes ago, payxibka said:

If it isn't an official source it needs to be taken with a grain of salt.   Even the link you provided said the 30/60 rule was eliminated in favor of some sort of new 90 rule,  which doesn't exist either 

Hmm interesting. How would you recommend going about the I-130 process. Do you think filing at a later date would draw less suspicion? There was definitely plans on going back to Canada after my job opportunity but they offered me a full-time here instead, so I decided to take this offer. I'm just not sure how they would look at that. 

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There is NO such rule but the USCIS is now claiming that they can deny you for misrepresentation if you do something inconsistent with the terms of your non immigrant status within 90 days of entering the USA.  Court and EOIR precedent is that intent is determined at the border and that immediate family of a US citizen can not be denied AOS solely for that.  I personally think it is being used a scare tactic right now more than an adjudicative tool.

 

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

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2 minutes ago, azblk said:

There is NO such rule but the USCIS is now claiming that they can deny you for misrepresentation if you do something inconsistent with the terms of your non immigrant status within 90 days of entering the USA.  Court and EOIR precedent is that intent is determined at the border and that immediate family of a US citizen can not be denied AOS solely for that.  I personally think it is being used a scare tactic right now more than an adjudicative tool.

 

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

Hmm what would you suggest we do to avoid any problems? We're just afraid of missing the wedding party that we initially had planned in Canada for March. We thought that the sooner we file, the less likely that the AP (I-131) would be delayed. Alternatively do you think showing a copy of our contract for the event and how would lose around $15K is enough proof as financial loss ?

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1 minute ago, AM1CR1 said:

Hmm what would you suggest we do to avoid any problems? We're just afraid of missing the wedding party that we initially had planned in Canada for March. We thought that the sooner we file, the less likely that the AP (I-131) would be delayed. Alternatively do you think showing a copy of our contract for the event and how would lose around $15K is enough proof as financial loss ?

I would file a soon as I can. The worst that can happen is you get denied and you can refile or appeal.

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1 minute ago, azblk said:

I would file a soon as I can. The worst that can happen is you get denied and you can refile or appeal.

Does being denied hinder any future chances? 

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11 minutes ago, AM1CR1 said:

Does being denied hinder any future chances? 

It depends on the reasons for your denial. In your case at least from you have shared you should not have any problems. The chances of a denial are very very very low.

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1 minute ago, azblk said:

It depends on the reasons for your denial. In your case at least from you have shared you should not have any problems. The chances of a denial are very very very low.

Hmm okay. I'm just worried about it all. Also do you know if the AP processing takes longer than 7 months ? Cause I hear its 3-5 months but that's from the websites and online sources. I want to perhaps know if you have any experience with it ?

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2 minutes ago, AM1CR1 said:

Hmm okay. I'm just worried about it all. Also do you know if the AP processing takes longer than 7 months ? Cause I hear its 3-5 months but that's from the websites and online sources. I want to perhaps know if you have any experience with it ?

USCIS is now reportedly processing cases using LIFO( Last In First Out) format. New cases are getting priority over older cases.  Just go ahead and file as soon as you can. Predicting processing time is much like reading tea leaves but for sure new cases are moving much faster than old cases. The only thing with your case is since your wife lived outside the US until recently her background check will take a while I think but the EAD/AP should not take long.

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No way of knowing how long AP will take, only how long it has taken.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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2 minutes ago, azblk said:

USCIS is now reportedly processing cases using LIFO( Last In First Out) format. New cases are getting priority over older cases.  Just go ahead and file as soon as you can. Predicting processing time is much like reading tea leaves but for sure new cases are moving much faster than old cases. The only thing with your case is since your wife lived outside the US until recently her background check will take a while I think but the EAD/AP should not take long.

Hmm okay. That sounds great! We will definitely file it as soon as possible then, my concern was that it is so soon after entering the US that it would seem that she had pre-conceived intention of immigrating. Additionally, what is your take on our contract binding us to $15K as a proof for financial loss? Is that not going to cut it? 

 

Would filing an expedited I-131 perhaps be a mistake? 

2 minutes ago, Boiler said:

No way of knowing how long AP will take, only how long it has taken.

Ah yes this is true. I'm just very worried ! It's all so overwhelming because we only recently decided on this :) 

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7 minutes ago, AM1CR1 said:

Hmm okay. That sounds great! We will definitely file it as soon as possible then, my concern was that it is so soon after entering the US that it would seem that she had pre-conceived intention of immigrating. Additionally, what is your take on our contract binding us to $15K as a proof for financial loss? Is that not going to cut it? 

 

Would filing an expedited I-131 perhaps be a mistake? 

Ah yes this is true. I'm just very worried ! It's all so overwhelming because we only recently decided on this :) 

There is no financial loss, that money is spent, you are asking to expedite to attend a party, that does not meet any of the requirements.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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