dude22254

My wife (from Ecuador) and I (US Citizen) met with an immigration attorney yesterday and we were surprised to hear about the 30/60 day rule. Yes, I should have known better and should have done more research. But I didn't and I cannot go back to redo. The attorney gave us two options: 1) apply for AOS while my wife is here or 2) wife goes back to Ecuador and we apply for AOS through consular procedures. I am unsure as to which way to go. The attorney thinks that we are better applying for AOS while she is here. He knows the 30/60 day rule can be an issue, but is not one he has had problems with and as a result feels fairly confident that it will work out.

Now, let me provide a bit of a background of the situation. I met my wife about two years ago in NY. We dated for about 4 months and then she returned to Ecuador. I visited her three months after she left, had a wonderful time and we both agreed that she would return to US so that we could see where it goes. Six months after returning to Ecuador, she re-entered the US (tourist visa with no intention of getting married). She received a 6 month stay and naturally, the time flew by and we were close to the visa expiring. So, we decided to take a trip to the Dominican Republic. Upon our return to the US, she received another 6 month stay. Then those six months flew by and I was still unsure that I wanted to get married. Nothing to do with her, she's great, just me and some life things. Was thinking that the timing may not be right, but then when would everything be perfect that it would be right? So, we planned that she would go back to Ecuador (ticket was purchased) and see how we go (distance making the heart grow fonder?). My wife decided that before returning to Ecuador, she wanted to take a trip with her sister. They decided to go the Bahamas. I could not go as I had a work conflict. During those five days that she was gone, I realized that I did want her in my life. I never felt that sick in my stomach while she was gone. So, I bought a ring and when she returned from the Bahamas, I proposed to her that night. The following day, we went to town hall and got married. It was completely spur of the moment, as I tend to make rash decisions at time. Now, I know that may not have been the greatest idea, in retrospect, but it is what I did. Whoever said the heart is rational.

Now, my dilemma is deciding if I take the attorney’s advice and apply for AOS while my wife is here or have her go back to Ecuador and do the process through the consulate. He was referred to me by the wife (she is an attorney) of a judge that my family is friends with. So, I am confident that he is a very good attorney and knows what he is doing. However, I am concerned as to how USCIS will view that we got married shortly after she returned from the Bahamas, even though she had already been in the US, traveled to the Bahamas from the US, and needed to return to the US to gather her belongings and return to Ecuador. Not like she came back into the US from her home country with the intent to get married. What do you think? One more item, as a result of getting married, she ended up overstaying her visa. She is currently less than 30 days overstayed.

I know this is a long post and I appreciate any suggestions. Of course, this is a very serious issue for me and would like to proceed in the manner that will give us the greatest chance of having the AOS approved.

Thanks!!!!!!!!!!!

Noorah101

Hi dude, Welcome to BE.

As long as her intent at the POE on her last trip into the USA was NOT to remain in the USA and adjust status, then filing AOS while she's still here should be fine.

But, if I were you, if you're going to use a lawyer for this, I'd shop around and get a different one. This one doesn't quite sound up to date on things. The 30/60 day rule is a myth, and unless you misunderstood him, one cannot AOS outside the USA (if she were to return to Ecuador, she'd get an Immigrant Visa, not do an adjustment of status).

Best Wishes,
Rene

dude22254

Renee: Thanks for the response. It was not her intent to re-enter and get married. I have a copy of the airplane ticket for her return flight to Ecuador. I just figure it looks a bit suspect that we were married so soon.

The attorney brought up the 30 day rule in the context that he speaks with other attorneys who say they are running into it being applied in the Hartford, CT office. But he has not had any issues. I think he was just covering himself in case it did become an issue. He probably figures that I would go shopping around and hear that from other attorneys. Who knows. He didn't feel that it would be a major issue, but just wanted to put us on notice.

Noorah101

Just to be clear, it's OK to have the intent to enter the USA and get married. It's not OK to have the intent to remain in the USA and apply for adjustment of status.

Rene

meauxna

Well, that is an important little detail that makes more difference than the 30/60 day topic.
That also means your wife has been more or less living in the US for 18months? Do you understand that the visa process will take about a year with her out of the US?

Noorah101

How did I miss that little tidbit?!

Rene

meauxna

I did too, the first two times.

edit: PS I wonder how much experience that particular lawyer has with that particular (notorious) Consulate?

dude22254

Are you referring to the Ecuador Consulate or the USCIS office? If it is the former, he was not too keen about going through the consulate.

Yes, I understand it would take around a year to go through the process if she is back in Ecuador. I'm most concerned with which of the two options is the best route considering the situation. I will make whatever personal sacrifices are necessary.

Thanks!

Noorah101

Since the USCIS office is not a consulate, she was referring to the US Consulate in Ecuador.

You are allowed to file for her AOS while she's still here. If you're going to do it this way, get it done ASAP before her overstay becomes even longer.

Rene

Noorah101

The only way you'll get an AOS approved is if you go that route.

If you go the consulate route, there is no AOS involved.

Rene

meauxna

Yes, the Consulate in Ecuador has a bit of a reputation.

Without any definitions or clues from you, it's hard to know what you would consider 'best'. We also can't say what is 'best' for you & your family. We don't know any of the rest of the story, which might (or might not) have some bearing on the decision.

You could always have a consultation with another lawyer or two. You aren't really offering any feedback about what would make a 'best' choice for you or what your doubts/concerns/fears are about either of the two options you put forward.
I think I know what I would do, but I'm me.

leopards

What is the 30/60 rule I've never heard of it. Explain please.

Noorah101

Try this for starters: http://britishexpats.com/forum/showthread.php?t=360412

Rene

leopards

Ah so it's the rule they use to determine intent whether the IR actually planned to stay rather than arriving with the intention of leaving. Gotcha.

jeffreyhy

m,

Please bring me up to date - reputation for what?

Thanks.

JEff