Does 30/60/90 rule apply to relatives of Permanent Residents?


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I applied I-130 for my wife in March when she was in US on Visitor Visa. I-130 is still pending. Now F2A category is current and i want to apply her I-485 but i have been told that i would need to wait for atleast 60 days before i could apply. Is that true? Is there any way around to it?

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Talk to a good lawyer. My opinion that your wife's application would be denied, and she would be accused of misrepresentation of her intent (when she crossed the border or filed for COS). Maybe you will find a way around it because her intent changed when the dates became current, but you need to talk it over with a lawyer. There is a lot more leniency with spouses of citizens, but not LPRs.

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