F1 to GC based on marriage to USC, Does 30/60/90 rule can be applied in my case ?

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N400pg

Registered Users (C)
I become a citizen yesterday ( 11/02/2010) and want to file for I-130/I-485 ( and other related forms) for my wife. Here are the details.

1. My wife came here in H1 in 2003 May ( not married )
2. Changed status to F1 in 2004 Aug ( enrolled for PhD , not married )
3. Travelled to home country for F1 stamp in Nov 2006 ( got F1 valid till Nov 2011 , not married )
4. We got married in 2008 Jan in US .
5. Her status changed to F1-OPT in Aug 2010 valid till Aug 2011.
6. Travelled outside US for conference ( 3 days out of US ) in oct 2010.
While returning got I-94 with D/S ( duration of status ).

Now my question is can I apply I130/I-485 for her now , or I shiuld wait for 90 days from her last entry to US for 30/60/90 rule.
Also does 30/60/90 rule applied to her since she is here for last 7 yers.
 
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No citation

This is what I have got regarding 30/60/90 rule.
Suppose someone enters on a non-immigtrant visa ( like B1 or F1 without immigrant intend ) and after "x" days applies for AOS either through marriage, or any other family sponsorship.

If x < 30 = USCIS will accuse the applicant of committing fraud/misrepresentation and the burden of proof lies on the applicant
If 30 < x < 60 = USCIS may accuse the applicant of committing fraud/misrepresentation and the burden of proof lies with the applicant
If 60 < x < 90 = USCIS may accuse the applicant of committing fraud/misrepresentation but the burden of proof will lie with USCIS
If x > 90 = USCIS will most likely not accuse the applicant of committing fraud/misrepresentation
 
If you understand the situation, why are you asking questions? Go with your gut (and conscience).
 
I just read 30/60/90 today and there are many version of interpretations in many places , so I have posted my situation to see if knowledgable guys can suggest/advice me about it ..
Also there is no conscience .. My wife is here from 2003 in leagal status .. it just that her latest visit outside US is creating this situation .. this was just a 3 day conference outside US , but if someone is looking in the I-130 they may conclude that she has come here just for AOS which only ask for latested entry details ( unless they check the entire history ) , if she has not done that 3 day trip there is no question , that's why I am posting here to see if some knowledgeble poster know more details on how they interprete.
 
The bigger issue is entering on F1 while married to a USC if she was asked about her marital status or in some way misrepresented he immigrant intent at the border on her last entry.
 
N400pg said:
Now my question is can I apply I130/I-485 for her now , or I shiuld wait for 90 days from her last entry to US for 30/60/90 rule.
Also does 30/60/90 rule applied to her since she is here for last 7 yers.
Click to expand...

The time since last entry is what is important, not her overall length of stay in the US.

Generally, for immediate relatives of US citizens, their practice is to overlook the immigrant intent aspect if there are no other negative factors. And apparently there are no negative factors here ... presumably she never overstayed or committed a crime. However, to avoid triggering a negative tone in the interview, it would help to wait at least 30 or 60 days so it doesn't look too blatant.

3. Travelled to home country for F1 stamp in Nov 2006 ( got F1 valid till Nov 2011 , not married )
Click to expand...
I hope you weren't engaged to her back then. It would be a problem if she was engaged at that time and didn't mention having you as a fiance in the US. However, the time gap between the F1 application in 2006 and the marriage in Jan 2008 is big enough that it probably won't raise suspicion of already being engaged when she applied for the F1.
 
Thanks for the replies.

>>The bigger issue is entering on F1 while married to a USC if she was asked about her marital status or in some way misrepresented he immigrant intent at the border on her last entry.

That time I was a LPR and they never asked any marraige question .

>> I hope you weren't engaged back then. It would be a problem if she was engaged at that time and didn't mention having you as a fiance in the US.

No we were not engaged in 2006.
 
Just for the record, the below mentioned is my intellectual property and is not a written rule/regulation that is abided by USCIS. The below mentioned formula is based on USCIS's modus operandi when adjudicating non-K1 family based AOS applications. Just wanted to make this crystal clear.

N400pg said:
If x < 30 = USCIS will accuse the applicant of committing fraud/misrepresentation and the burden of proof lies on the applicant
If 30 < x < 60 = USCIS may accuse the applicant of committing fraud/misrepresentation and the burden of proof lies with the applicant
If 60 < x < 90 = USCIS may accuse the applicant of committing fraud/misrepresentation but the burden of proof will lie with USCIS
If x > 90 = USCIS will most likely not accuse the applicant of committing fraud/misrepresentation
Click to expand...
 
thanks for the clarification ,
SInce I have less than 15 posts the forum won't let me put url , so when BigJoe5 asked about what is 30/60/90 , I took it from a old thread , that's why mentioned also that I didn;t know about it , but this is I got after searching
 
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