30/60 rule - I don't think this applies to me but was advised it might. Experienced experts, Please help!!

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30/60 rule - I don't think this applies to me but was advised it might. Experienced experts, Please help!!

Anonymous Dec 14, 2014 Immigration 3 views 3 answers

Hi, I obtained my f-1 visa over four years ago to attend a school here. After 2 years upon my entry, I met my fiance and after 2+ years of dating, we plan to start the Spousal Visa process in a month. I planned to spend the upcoming holidays with my family, outside the US, before the big day. If I do that, when we file our application, it will be no more than 30 days past my re-entry to the states. I got my visa 2 years prior to meeting my fiance so I don't think the 30/60 days rule should apply to me. Would you agree? Thank you!!

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Answer 1 · 2026-06-15T12:53:54+00:00

The rule does not apply to you. We already know that you are planing to use your nonimmigrant visa to enter the USA with the intent to immigrate. This is visa fraud, which f discovered, will render you inadmissible for life. You will need a successful waiver application to overcome it. An application which requires a lot of work and might cost you a leg and an arm in attorney fees. Consult with an immigration lawyer before doing anything including leaving the USA.

Andrew Bartlett · Answer 2 · 2026-06-15T12:53:54+00:00

I don't like it. I suppose if you told me that you are coming back to start the new semester at school as well as getting married and adjusting status it wouldn't seem so unwise. But I'm glad I don't have to worry about your case. You have enough work to do to show that your relationship is real and the marriage is good - why give yourself another issue to deal with? For me, the bottom line is that you are coming back into the country primarily to get married and then adjust. And there is no dual-intent allowed in your visa.

30/60 rule - I don't think this applies to me but was advised it might. Experienced experts, Please help!!

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