F1 to GC based on marriage to USC, Does 30/60/90 rule can be applied in my case ?
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.
Can you explain this rule you refer to? Got a citation?
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).