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AOS and 30/60 day rule

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Old Jan 16th 2006, 11:07 pm
  #1  
Ralf
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Default AOS and 30/60 day rule

Is this plan feasible?
My wife and I, and 3 kids will apply for B2 visas saying that we are
travelling to Disneyworld and a few other destinations.
We will travel to the USA in December, where my wife will secure a
registered nurse job.
After 60 days have elapsed since POE, we will apply for AOS. RN's do
not require labor certification.

Can we sell our house prior to travelling to the US?
Can we resign our jobs prior to travelling to the US?

Regards
Ralf
 
Old Jan 17th 2006, 12:28 am
  #2  
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Default Re: AOS and 30/60 day rule

Originally Posted by Ralf
Is this plan feasible?
My wife and I, and 3 kids will apply for B2 visas saying that we are
travelling to Disneyworld and a few other destinations.
We will travel to the USA in December, where my wife will secure a
registered nurse job.
After 60 days have elapsed since POE, we will apply for AOS. RN's do
not require labor certification.
Can we sell our house prior to travelling to the US?
Can we resign our jobs prior to travelling to the US?
RegardsRalf
Is it all warm and cozy in your little world of dreams
That ain't how it works ... back to the drawing board
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Old Jan 17th 2006, 12:41 am
  #3  
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Default Re: AOS and 30/60 day rule

Originally Posted by Ralf
Is this plan feasible?
My wife and I, and 3 kids will apply for B2 visas saying that we are
travelling to Disneyworld and a few other destinations.
We will travel to the USA in December, where my wife will secure a
registered nurse job.
After 60 days have elapsed since POE, we will apply for AOS. RN's do
not require labor certification.

Can we sell our house prior to travelling to the US?
Can we resign our jobs prior to travelling to the US?

Regards
Ralf
Hi:

The so-called 30/60 Rule is NOT a rule of substantive law. It doesn't apply to directly to adjustment of status. PRIMARY POINT: it is not a planning tool for future action.

Please let me simplify your question: can we lie about our intentions in the B-2 application and get away with it?

Also, there are a lot of things in immigration you are indicating your ignorance of and don't even ask about.

Your intentions aside, its not nice to publically invite people to take part in a conspiracy.
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Old Jan 17th 2006, 1:33 am
  #4  
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Default Re: AOS and 30/60 day rule

Originally Posted by Ralf
RN's do not require labor certification.
Perhaps they are exempt from a labor certificate, but they are not exempt from having a license to practice... and that can take some time since licensure exams are not a year-round thing! She will probably also want to have malpractice insurance over and above any coverage her employer might offer!

At any rate, what you plan is pretty much illegal and you should probably avoid discussing it in a public forum. It is widely rumored that USCIS folk read this forum... and since you've just blabbed your intent, well... better you than me!

Ian
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Old Jan 17th 2006, 1:36 am
  #5  
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Default Re: AOS and 30/60 day rule

Originally Posted by Ralf
Can we sell our house prior to travelling to the US?
Can we resign our jobs prior to travelling to the US?
That would pretty much equal intent to move to the US.
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Old Jan 17th 2006, 2:01 am
  #6  
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Default Re: AOS and 30/60 day rule

Originally Posted by Ralf
Is this plan feasible?
My wife and I, and 3 kids will apply for B2 visas saying that we are
travelling to Disneyworld and a few other destinations.
We will travel to the USA in December, where my wife will secure a
registered nurse job.
After 60 days have elapsed since POE, we will apply for AOS. RN's do
not require labor certification.

Can we sell our house prior to travelling to the US?
Can we resign our jobs prior to travelling to the US?

Regards
Ralf
yes, you can sell your house, yes, you can resign but as i dont think your idea will work.. youll need a house and job to go back to after all!
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Old Jan 17th 2006, 6:45 pm
  #7  
Ralf
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Default Re: AOS and 30/60 day rule

Thanks to all of you for your advice!
I read about this rule somewhere, and thought I would ask the question.
    >From your replies, I can see it is a foolish and highly risky idea, so
we will go back
to option 1, which is consular processing.
 
Old Jan 17th 2006, 10:35 pm
  #8  
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Default Re: AOS and 30/60 day rule

Originally Posted by Ralf
Thanks to all of you for your advice!
I read about this rule somewhere, and thought I would ask the question.
    >From your replies, I can see it is a foolish and highly risky idea, so
we will go back
to option 1, which is consular processing.

Is your wife a US citizen?
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Old Jan 18th 2006, 1:08 am
  #9  
Ralf
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Default Re: AOS and 30/60 day rule

No.
 
Old Jan 18th 2006, 1:31 am
  #10  
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Default Re: AOS and 30/60 day rule

Originally Posted by Ralf
No.
Ralf .. you are confusing us .. can you tell us the whole story ...
where does the consular filing come into play ..
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Old Jan 18th 2006, 6:10 am
  #11  
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Default Re: AOS and 30/60 day rule

Originally Posted by Ralf
No.

You're posting on all the immigrations sites on the Usenet and confusing everyone by not giving all the information to your situation.

I would suggest that your wife, who would be the who is eligible for a visa because of her skills, check this site out for information on the nursing visa you are talking about.

http://britishexpats.com/forum/forumdisplay.php?f=72

I hope this helps.
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Old Jan 18th 2006, 5:01 pm
  #12  
Ralf
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Default Re: AOS and 30/60 day rule

Thanks for the link. I had not seen that one before.
My wife, who is a registered nurse, is going to write the US nursing
exam in a few months time. If she passes, she will almost certainly get
sponsored for a green card by a US hospital or agency recruiter, due to
the huge shortage of RN's. Since RN's are not required to do a labor
certification, we will file the I140, and then because we are outside
the US, will do the final stage as consular processing (packet 3 and
packet 4) in our home country. This was our original plan all along.
The other option is pass exam, visit US and do I140 and AOS(I485) in
the US. I have now decided, after all your advice, this is too risky
and stupid option, which could cost us any chance of getting to the US.
Ralf
 
Old Jan 22nd 2006, 2:12 pm
  #13  
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Default Re: AOS and 30/60 day rule

The average nursing application takes some 2 year to completion
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