90 DAY INTENT

[ourwildjourney 103]

23 minutes ago, Poseidon1212 said:

Like @Lil bear said, the 30-60-90 days thing is not a concern. You can file without worry, here’s the appropriate guide for it: 

 

EAD and AP is highly recommended. 

 

14 minutes ago, Poseidon1212 said:

Personally I don’t think it matters much. If the IO wants to know details about the transition then they’ll ask. However, as personal preference I like to stick with verifiable stuff e.g. using the end of her lease or when she wrote herself out of the civil registry if applicable as end date there and start date in the US. That way there’s an actual paper trail. But that’s just me. 

Thank You!

[Boiler 43,561]

There is a Consulate rule when seeking another non immigrant visa but you are adjusting and you would have thought a Lawyer would know the difference.

 

My suspicion is that Immigration Lawyers mainly handle work based cases and no little about family immigration. Obviously there are exceptions. They are aware of a new rule, does not impact their day to day businesses so never have looked into what it does.

 

Obviously there are Lawyers that do handle predominately Family immigration but they seem a minority.

[Lil bear 3,840]

21 minutes ago, ourwildjourney said:

Why does everyone keep talking about this 90 days after crossing the border? 

Where is it coming from?

Thank you!

Urban myths get picked up and circulated far faster than truth ! 

[ourwildjourney 103]

30 minutes ago, Boiler said:

There would have to be a rue first for that to be an issue.

What is the 30-60-90 rule?  When does that apply?

I think that is what keep coming up.  

[ourwildjourney 103]

11 minutes ago, Boiler said:

There is a Consulate rule when seeking another non immigrant visa but you are adjusting and you would have thought a Lawyer would know the difference.

 

My suspicion is that Immigration Lawyers mainly handle work based cases and no little about family immigration. Obviously there are exceptions. They are aware of a new rule, does not impact their day to day businesses so never have looked into what it does.

 

Obviously there are Lawyers that do handle predominately Family immigration but they seem a minority.

GOT IT!  Thank you SOOO much!

Literally were in tears over here . 

 

1 minute ago, ourwildjourney said:

What is the 30-60-90 rule?  When does that apply?

I think that is what keep coming up.  

Sorry--Just saw your in depth response about work vs family.  THANKS!

[igoyougoduke 1,605]

ahh the 90 rule does not go away .

[nasse_forelle 4]

gotta love the 90-day rule!

90 day fiance!

[ourwildjourney 103]

31 minutes ago, Donald120383 said:

ahh the 90 rule does not go away .

Every lawyer talks about needing to make no moves at all within the first 90 days of entry.  Are they just misinterpreting something?  Every lawyer quotes it.  And nobody here thinks it matters.  (And I trust this forum way more than the lawyers so far ...)

WHat's the source of the misconception?  

[Crazy Cat 39,352]

45 minutes ago, ourwildjourney said:

Every lawyer talks about needing to make no moves at all within the first 90 days of entry.  Are they just misinterpreting something?  Every lawyer quotes it.  And nobody here thinks it matters.  (And I trust this forum way more than the lawyers so far ...)

WHat's the source of the misconception?  

DOS rule......which doesn't apply to USCIS.

[ourwildjourney 103]

1 minute ago, missileman said:

DOS rule......which doesn't apply to USCIS.

GOT IT.  THANK YOU!

[Crazy Cat 39,352]

1 minute ago, ourwildjourney said:

GOT IT.  THANK YOU!

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

[ourwildjourney 103]

1 minute ago, missileman said:

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

I CANNOT THANK YOU ENOUGH FOR THIS!!!

I knew it was coming from somewhere.  This makes sense now.  THe lawyers are playing it very safe to cover all bases.  My guess is that lawyers are used to dealing with clients who are on the edge of legality and needing the legal help.  So they play it safe. and say don't take a chance.  If, however, you are telling the truth and backing it up to the IO, he or she can evaluate on his or her own.  BUT the DOS guidelines might help inform intent.  lawyers are paid to play it safe.  Or also possible they heard a new rule / guideline and decide not to take chances at all.  

THANK YOU FOR THIS!

[geowrian 22,336]

Logically, what changed about your intent at the border at 81 days versus 90 days?

 

1 hour ago, nasse_forelle said:

gotta love the 90-day rule!

90 day fiance!

I think you are referring to entirely different concepts...

[ourwildjourney 103]

3 minutes ago, geowrian said:

Logically, what changed about your intent at the border at 81 days versus 90 days?

 

I think you are referring to entirely different concepts...

Exactly!  As @missileman pointed out to me, this is coming from the DOS guidelines telling DOS officers that changing intent within 90 days of crossing could be sign of intent to defraud.  That's where it appears to be coming from.  it does not apply n this case but A LOT (AS IN A WHOLE LOT) of lawyers think it does and scared the BLEEEEEP out of us over those nine days.  

9 minutes ago, geowrian said:

 

 

10 minutes ago, geowrian said:

 

 

[EmilyW 1,226]

Lawyers aren't paid to play it safe.  They are paid to make money.

 

If playing it safe makes them money, then that is what they will do.  If playing it unsafe made them money, they'd be just as keen to take your money.