Returning to USA after mailing I-130

[thegordons2009 1]

Hello,

I am looking at applying for the CR-1 Visa. So after we get married, we mail I-130. I am assuming that I have to return to Canada before we mail it? and if so, when can i come back to the USA? OR..... do i even have to go back to Canada before we mail it? Anyone know? My mind is so overwhelmed with all the information in the Guides.

Thanks

[Bern. 3]

Just make sure you have everything! Like you will need a copy of your marriage certificate which sometimes can take a while to get. Don't worry about mailing it out quickly after the marriage, you want to be with each other, after all. Just include the crucial forms, your marriage certificate, wedding pictures and proof of an on going martial union. My husband and I just sent pictures dating back to early 2008. It has worked thus far, no RFE's :3!

Good luck and congrats!

EDIT: You would have to return home to Canada during the VISA process because you have the INTENT to marry. Basically, it would be overlooked in some cases if you went for a visit without plans to marry and then bam you married. But since you have plans to marry, it will be hard to prove otherwise. Don't risk deportation!

In my opinion, I would return back home because then you'd be able to keep your job and keep making money so when you're together, it won't be as hard. I don't see a point in staying somewhere and not being able to work or drive for a year. Think about everything, but I strongly suggest returning home to Canada. (It's not that bad here. )

Edited May 21, 2009 by Ber + Ter

[thegordons2009 1]

Ok i'm sorry, but i didn't quite get a yes or no answer. I am going to get married then apply for CR-1. At what point do i return to Canada? and at what point do can i return to the USA?

[b1978 0]

You just need to return before your I-94 expires or before your visa waiver runs out. You can file while you are in the US, you just cannot stay in the US past your visitor status. They will require you in your home country for your interview. Keep in mind, that once you leave, you may have difficulty returning... make sure you take proof with you that you intend to return to your country each time you go to revisit. Proof of residence, job, etc.