Getting married in US and then filing I-130

[unique135 0]

Hi,

My plan is to enter US for 5-7 days and marry my US citizen fiancee. Later, I would return to Canada (she might come along with me) and she would file for I-130 (IR-1/CR-1).

But, while I was exploring I-130 instructions. I came across this:

Who May Not File This Form I-130?

You may not file for a person in the following categories:

7. A husband or wife, if it has been legally determined that such an alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws.

With my plan, would I fall in this category? I am not sure how I will be evading immigration laws. Is my plan advisable?

Secondly, can she (US citizen) file I-130 from Canada, while she is enjoying her vacation with me.

Thank you,

[Justine+David 218]

It is not illegal to marry in the U.S.

What is illegal is to enter the country with the intention of marrying and staying.

For you, it'll be about the POE guard that you need to convince that you *are* planning to return to your country after the wedding, which is hard to do in some cases. Definitely do some searches around here for other people's experiences.

[unique135 0]

Thats true, Justine+David,

My proof that I will be returning to Canada will be

1. Return ticket to Canada

2. In that duration, I will be a current undergraduate student (with final semester to graduate). I will show them my class schedule. (Of course, the days I travel won't collide with my schedule).

3. Should I get statement from my university or professors, family and from the place where I volunteer.

4. Anything else you guys could think of?

Otherwise, what if I mask the purpose with simply visiting fiancee for some reason and decided to marry all of sudden and then came back to Canada?

Thanks

[canadian_wife 1,822]

If you are planning on returning to school, then perhaps a receipt of your tuition payment. YES, a letter from your professors and volunteer organization with an expected to return date would be good.

Lease? Bank statements? Those are also good

Good luck.

[unique135 0]

That helped, thank you

[trailmix 77]

Thats true, Justine+David,

My proof that I will be returning to Canada will be

1. Return ticket to Canada

2. In that duration, I will be a current undergraduate student (with final semester to graduate). I will show them my class schedule. (Of course, the days I travel won't collide with my schedule).

3. Should I get statement from my university or professors, family and from the place where I volunteer.

4. Anything else you guys could think of?

Otherwise, what if I mask the purpose with simply visiting fiancee for some reason and decided to marry all of sudden and then came back to Canada?

Thanks

Hi,

Yes, it's as the others said, do bring as much proof as you can get, you won't want to be turned back and miss your wedding! Saying you are 'visiting your fiancee' has the same effect - you still have to prove those strong ties.

Plus - you know what, it's best to be upfront and honest with the border personnel - they are trained to detect people circumventing the truth

[unique135 0]

Plus - you know what, it's best to be upfront and honest with the border personnel - they are trained to detect people circumventing the truth

True eh! I will extra cautious in such matters...

[TheGirlWonder 0]

I have a similar question. My boyfriend and I are planning on the CR1 visa and getting married in New York City. How long can my eventual husband arrive before we get married and stay after after we get married? I realize he has to be gone once we file the paperwork, but I don't know those other details. Help?

[canadian_wife 1,822]

Your boyfriend can come to the US and marry the next day and stay as long as his visa allows him (assuming it's 90 days like other VWP countries)

Your husband, like the OP, cannot come to the US on the VWP, marry you, and stay and adjust status from a tourist to a resident since the intent, clearly, is already present.

Good luck.