30-60-90 rule and student visa question

L

limbylim

New Member
Hi,

I was hoping someone might be able to help me here....

My wife received a student visa to go to school here in NY last May `04. This past year school ended for her on May 9th -- right before that, she left to go back to her home country in Canada for a couple days - and came back April 19th. Subsequently, we had a talk about our relationship and decided to get married; we then proceeded to get married on 5/25/05, and file for a I-130 and I-485...

A couple of other facts:

- I am a US Citizen born here in NY.

- My wife applied back in Feb or March for her EAD card which was approved and is going to start on 6/13/2005.

- We have yet to file for the I-130 and I-485

1) Does the 30-60-90 rule apply in this case? Is it bad that she re-entered the country on April 19th and subsequently married me at the end of May? Will that hinder her approval for the I-130 and I-485?

2) Should we wait to file the I-130 and I-485 for a certain period of time or should we just go ahead and do this as soon as we can?

Thanks for the help
 
1) I am not sure what the 30-60-90 rule is can you please explain? In any case, she entered on F-1 visa and if she continues her studies, it should not be a problem. Even if she does not continue to go to school, eventually she will get the green card but the interview may be tricky.

2) Go ahead and file it. Once that is done, you will also save some money because her status will change to resident from F-1.

Please note that there are some people on this forum who have filed from NY but have been waiting for years for the approval. In comparasion, NJ is much faster. Check out the timelines for NY and NJ and make your decision based on your personal factors.

Good Luck
 
just wait for 60 days before you file, so you could sleep better. :)

Other than that - she was already on F-1 for a year, and re-entered on the visa, rather than "entered for the first time". So, do not worry so much. :) Since you are in NY, she will get her GC in about three years anyway, a long time, I'd say.
 
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