30-60 Rule ????????

[Mishu]

In Laurel's chat, she mentioned the "30-60" rule. Anyone know what that is? I have never heard of it.

[angela256z]

In Laurel's chat, she mentioned the "30-60" rule. Anyone know what that is? I have never heard of it. I tried to google and only came up with this. I also googled the DOS Foreign Affairs Manual, but nothing came up.

***** What is the 30/60 day rule?

It is a rule found in the Department of State (DoS) Foreign Affairs Manual
(FAM).
***** Is this rule law?

No. The directives in the FAM could be described as something to the
effect of "official procedures". Consular Officials are directed to
follow these procedures, and they can get in trouble if they don't.
However, these procedures are subject to revision at any time by the DoS
HQ in Washington, DC. Presumably, the higher up Consular Officials could
also modify procedures at their discretion, as long as the modifications
are not inconsistent with the law or regulations.

[USnoiva]

It's rule of thumb BS:
In a nutshell, if you enter the US on a non-immigrant visa or VWP, and try to AOS within 30 days, they assume fraud.
If you try to AOS within 60 days, they may question fraud.
If you try to AOS after 60 days, they do not assume fraud.

It is not the law.

If an alien initiates such violation of status more than 30 days but less than 60 days after entry into the United States, no presumption of misrepresentation arises. However, if the facts in the case give the consular officer reasonable belief that the alien misrepresented his or her intent, then the consular officer must give the alien the opportunity to present countervailing evidence. If the officer does not find such evidence to be persuasive, then the consular officer must submit a comprehensive report to the Department (CA/VO/L/A) for the rendering of an advisory opinion.

N4.7-4--After 60 Days (TL:VISA-313; 08-27-2001)

When violative conduct occurs more than 60 days after entry into the United States, the Department does not consider such conduct to constitute a basis for an INA 212(a)(6)(C)(i) ineligibility.

[Mishu]

So, we should wait at least 60 days after we marry to apply for AOS or 60 days after he enters the U.S. ??????

Thanks for the info!

[Louisa]

Are you applying for the finace visa?

[Coventrated]

It's an old wives tail, I remember reading a long thread about it somewhere.

But if you use a non immigrant visa to enter it is the intent on entry that matters, not how long you wait to get married.

[Chikimyrn]

mishu- if you apply for Fiance visa. Do Not wait 60 days to apply for AOS. You must marry & apply within 90 days of visa issue.

[Mishu]

Yes, we are applying for a fiance visa.
After he gets the K-1 visa, we get married within 90 days. How soon should we apply for the AOS? As soon as possible, or wait?

[Marie]

as soon as possible. That "rule" won't apply to you since he's entering on a fiance visa.

[Laurel Scott]

30-60 day rule (http://foia.state.gov/masterdocs/09fam/0940063N.pdf):

If you enter the US on a visitor's visa (or other type of visa, but visitor's is the most common) and work within 30 days of entering (or violate status in another way, but work is the big one), there is a nonrebuttable presumption that you committed fraud at the time you entered the US and are inadmissible under INA 212(a)(6)(C).

If you enter the US on a visitor's visa or Visa Waiver and work within 60 days, but after 30 days, this is rebuttable evidence of fraud.

30-60 day rule appears in the Foreign Affairs Manual only and therefore does not affect adjustment of status cases within the US. Consulate most likely to invoke the 30-60 day rule: Rio, Brazil.

Since there is no appeal of a consular decision, the difference between law, regulation and opinion is blurred, to put it euphamistically. Without any appeals process, the law becomes whatever the heck the consular officer thinks it is and there is astoundingly little you can do about it. BTW, the Advisory Opinion process is not an appeals process, its a process for getting a recommendation from DOS in DC, but the consular officer is not required to change his decision based on the results of the Advisory Opinion.

[kitkat1]

Yes, we are applying for a fiance visa.
After he gets the K-1 visa, we get married within 90 days. How soon should we apply for the AOS? As soon as possible, or wait?

You should aim to AOS as soon as possible. But if you end up waiting, nothing horrible will result. Check VJ regarding this topic - it comes up often and a quick search there should give you some piece of mind.

[Laurel Scott]

Note: for AOS with preconceived intent issues, see Adjudicator's Field Manual Chapter 23.4 (k) and Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980).

Don't I sound weird when I talk in LawyerSpeak?

Adjudicator's Field Manual is on the CIS website if you click on Laws and Regs and then click on Immigration Handbooks, Manuals, etc.