12/11/2013 2:11:14 AM
I entered the US six weeks ago on ESTA (Visa Waiver) and while I was here I got married. I did not intent to stay here when I first came, but it just happened that I got married and we decided US is a better option for us at the moment. I would like to apply for the change of status and green card, but am worried about the 30/60/90 day "rule" immigration applies when checking if applicant for I-485 had the intent of staying when he entering the US.
Like I said, I entered the US on October 30th, so technically I will soon be here for over 60 days. However, I have made a 10 day trip to Tijuana in Mexico in November. I did not receive a new stamp in my passport, so I still need to leave the states 90 days from October 30th (the day I flew in) and not 90 days from November 26th (when I returned to US from Mexico). My question is this: When applying for change of status (I-485), does the 30/60/90 day rule apply to the VW stamp in my passport, or the day when I last entered the US from Mexico, even though I did not get new 90 days stamp at that time as short trips count into the "ESTA 90 days time".
Thank you very much for your answers.