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Old Dec 26th 2007, 11:12 pm   #1
Clare37 Female
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Question H1B visa/ American fiance - Is the 30 60 90 day rule applicable to my situation?

I am a UK citizen in the US on an H1B visa and my fiancé is American. I have been in the US for 63 days. Ideally we would like to get married as soon as possible (before the 90 days) but are prepared to wait 90 days if getting married before this would cause problems when I adjust status.

I’d be grateful for your input on either/ both of the following questions:

1. Is the 30 60 90 day rule relevant to my situation ie people on the H1B visa? (It sounds to me like it may be used mainly in relation to people here on the visa waiver program/ on tourist visas).

2. Is the 30 60 90 day relevant to marriage per se or specifically to adjustment of status. For example, if I ensured that I did not apply for adjustment of status before the 90 days, would getting married before the 90 days matter?

Thanks in advance!
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Old Dec 26th 2007, 11:39 pm   #2
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Default Re: H1B visa/ American fiance - Is the 30 60 90 day rule applicable to my situation?

Quote:
Originally Posted by Clare37 View Post
I am a UK citizen in the US on an H1B visa and my fiancé is American. I have been in the US for 63 days. Ideally we would like to get married as soon as possible (before the 90 days) but are prepared to wait 90 days if getting married before this would cause problems when I adjust status.

I’d be grateful for your input on either/ both of the following questions:

1. Is the 30 60 90 day rule relevant to my situation ie people on the H1B visa? (It sounds to me like it may be used mainly in relation to people here on the visa waiver program/ on tourist visas).

2. Is the 30 60 90 day relevant to marriage per se or specifically to adjustment of status. For example, if I ensured that I did not apply for adjustment of status before the 90 days, would getting married before the 90 days matter?

Thanks in advance!
Not relevant. H1b is dual intent.
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Old Dec 27th 2007, 12:02 am   #3
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Default Re: H1B visa/ American fiance - Is the 30 60 90 day rule applicable to my situation?

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Originally Posted by Elvira View Post
Not relevant. H1b is dual intent.
"H1-B Dual Intent - a) I intend to be screwed by my employer and b) I intend to be screwed by USCIS"

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Old Dec 27th 2007, 12:10 am   #4
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Default Re: H1B visa/ American fiance - Is the 30 60 90 day rule applicable to my situation?

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"H1-B Dual Intent - a) I intend to be screwed by my employer and b) I intend to be screwed by USCIS"

In other words - the sooner she gets that ring on her finger, the better...
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Old Dec 27th 2007, 1:21 am   #5
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Default Re: H1B visa/ American fiance - Is the 30 60 90 day rule applicable to my situation?

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Originally Posted by Clare37 View Post
1. Is the 30 60 90 day rule relevant...
The 30/60/90 day rule is a myth.

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Old Dec 27th 2007, 1:28 am   #6
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Default Re: H1B visa/ American fiance - Is the 30 60 90 day rule applicable to my situation?

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Originally Posted by ian-mstm View Post
The 30/60/90 day rule is a myth.

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It's sitting there in FAM, though.
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Old Dec 27th 2007, 3:29 am   #7
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Default Re: H1B visa/ American fiance - Is the 30 60 90 day rule applicable to my situation?

Your in the country legally ..get married tomorrow or in 3 months ....its no matter ..
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Old Dec 29th 2007, 12:18 am   #8
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Default Re: H1B visa/ American fiance - Is the 30 60 90 day rule applicable to my situation?

Quote:
Originally Posted by Clare37 View Post
I am a UK citizen in the US on an H1B visa and my fiancé is American. I have been in the US for 63 days. Ideally we would like to get married as soon as possible (before the 90 days) but are prepared to wait 90 days if getting married before this would cause problems when I adjust status.

I’d be grateful for your input on either/ both of the following questions:

1. Is the 30 60 90 day rule relevant to my situation ie people on the H1B visa? (It sounds to me like it may be used mainly in relation to people here on the visa waiver program/ on tourist visas).

2. Is the 30 60 90 day relevant to marriage per se or specifically to adjustment of status. For example, if I ensured that I did not apply for adjustment of status before the 90 days, would getting married before the 90 days matter?

Thanks in advance!
Hi:

Ah, the so called "30/60" "rule." It is NOT a substantive rule. It is a PROCEDURAL rule on how Department of State types are to process 212(a)(6)(C) fraud findings as to whether or not they need Visa Office Advisory Opinion. That is it -- nothing more, nothing less.

It is NOT a planning tool.
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Old Dec 29th 2007, 12:21 am   #9
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Default Re: H1B visa/ American fiance - Is the 30 60 90 day rule applicable to my situation?

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Originally Posted by Folinskyinla View Post
It is NOT a planning tool.
But you'd be silly ignoring it if....for the sake of argument....you were...a'hem...planning it.
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Old Dec 30th 2007, 3:35 am   #10
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Default Re: H1B visa/ American fiance - Is the 30 60 90 day rule applicable to my situation?

Quote:
Originally Posted by Clare37 View Post
I am a UK citizen in the US on an H1B visa and my fiancé is American. I have been in the US for 63 days. Ideally we would like to get married as soon as possible (before the 90 days) but are prepared to wait 90 days if getting married before this would cause problems when I adjust status.

I’d be grateful for your input on either/ both of the following questions:

1. Is the 30 60 90 day rule relevant to my situation ie people on the H1B visa? (It sounds to me like it may be used mainly in relation to people here on the visa waiver program/ on tourist visas).

2. Is the 30 60 90 day relevant to marriage per se or specifically to adjustment of status. For example, if I ensured that I did not apply for adjustment of status before the 90 days, would getting married before the 90 days matter?

Thanks in advance!
Hi:

I have reviewed your question carefully. I make mention of a Department of State procedural rule regarding whether or not a consular officer must obtain a formal advisory opinion on whether or not to make a finding of "fraud or wilful misrepresentation" in denial of a visa application.

You pose absolutely nothing that suggests such fraud or misrepresentation.

So, can you please clarify what you are asking about? It just might help.
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