Does a marriage date very close to I-130 filing matter?

[configuration 2]

Hi, this is my first time posting on this site. I've read lots of threads and learnt a lot. But here's a question regarding my case:

I'm a Canadian citizen, about to marry my USC girlfriend. We've been dating and doing a long distance thing for a few years, before which we were living in Canada. Never really felt the need to get married, but just found out that she's pregnant! So, after much thinking, we've decided to marry, so that I can move to the US and both of us can live and work there together.

Planning on a civil ceremony at city hall next month, and then filing for CR-1 immediately after. Does it matter that we will file the I-130 just a couple of weeks after the wedding? Could that look suspiciously like we are getting married only for the purpose of immigration?

By the way, we're not considering a K-1 visa because I will have to make many frequent trips back to Canada over the next year or so (probably for just a couple of days each), and dealing with AP seems like it is not worth it.

Any comments welcome.

Edited February 13, 2012 by configuration

[TimeTravel 78]

It would be fine. You may file immediately after getting your marriage license.

[Harpa Timsah 13,258]

Nope. It's more weird to wait to file. Spouses want to be together, right?

[configuration 2]

Great, thanks for the quick responses!

Just a clarification: you said that we can file as soon as we get the marriage license. Did you mean marriage certificate? The license is the document that allows you to get married while the certificate proves that you were married. Unofrtunately the certificate takes a few weeks to be prepared (following the ceremony) so we are going to wait until then.

[Harpa Timsah 13,258]

He means certificate, yes.

[atm 8]

We got married on January 10 (2011), and I sent the I-130 petition on January 11. No problems at all!

[himher 634]

It's just my thought but I would suspect that 99% of the dates on the I130's submitted here are probably within days of the wedding date LOL

Ours was.

You have absolutely nothing to be worried about. Congrats to the addition to you family!

NOTE: Certificate, not license

Best of luck (it is worth noting that you are probably the first canadian in history that didnt cross the border and get married first then file to adjust status LOL. THAT might raise a flag!

Hi, this is my first time posting on this site. I've read lots of threads and learnt a lot. But here's a question regarding my case:

I'm a Canadian citizen, about to marry my USC girlfriend. We've been dating and doing a long distance thing for a few years, before which we were living in Canada. Never really felt the need to get married, but just found out that she's pregnant! So, after much thinking, we've decided to marry, so that I can move to the US and both of us can live and work there together.

Planning on a civil ceremony at city hall next month, and then filing for CR-1 immediately after. Does it matter that we will file the I-130 just a couple of weeks after the wedding? Could that look suspiciously like we are getting married only for the purpose of immigration?

By the way, we're not considering a K-1 visa because I will have to make many frequent trips back to Canada over the next year or so (probably for just a couple of days each), and dealing with AP seems like it is not worth it.

Any comments welcome.

[configuration 2]

Best of luck (it is worth noting that you are probably the first canadian in history that didnt cross the border and get married first then file to adjust status LOL. THAT might raise a flag!

Thanks,

Actually I do plan to cross the border for us to get married, but I will return after that. Still have my job here in Canada, which I can't give up for a few more months. That's also why I don't want to go down the K-1 route.

We're hoping to have the CR-1 visa by the time the baby is born, but that might be wishful thinking. Still, my plan would be to be there starting with the last couple of months of the pregnancy and then come back up to Canada for the interview. Fingers crossed.

[canadian_wife 1,822]

Honestly, depending on how far along she is, don't count on having your visa by the time the baby is born. Normal processing is 5 months at USCIS, 2 months at NVC, then another 2 months for an interview at Montreal - do the math, that is 9 months start to finish.

Ours took 10 months, and I've seen shorter (absolutly) but I've seen longer too.

Just set realistic expectations so you don't get massively disapointed

Good luck

[configuration 2]

Honestly, depending on how far along she is, don't count on having your visa by the time the baby is born. Normal processing is 5 months at USCIS, 2 months at NVC, then another 2 months for an interview at Montreal - do the math, that is 9 months.

Yes, we figured out that it is not going to happen by that time. But by the time the baby is born, I will be able to leave my job in Canada and go down to the US, albeit on a visitor status. Then, whenever the interview is required, I will go back up to Montreal. I'm planning to keep the border crossings to a minimum around that time, because the last thing I want is to be denied entry to the US and leave my wife and baby to fend for themselves!

Thanks for the advice, though.

[Alex B 9]

Hi, this is my first time posting on this site. I've read lots of threads and learnt a lot. But here's a question regarding my case:

I'm a Canadian citizen, about to marry my USC girlfriend. We've been dating and doing a long distance thing for a few years, before which we were living in Canada. Never really felt the need to get married, but just found out that she's pregnant! So, after much thinking, we've decided to marry, so that I can move to the US and both of us can live and work there together.

Planning on a civil ceremony at city hall next month, and then filing for CR-1 immediately after. Does it matter that we will file the I-130 just a couple of weeks after the wedding? Could that look suspiciously like we are getting married only for the purpose of immigration?

By the way, we're not considering a K-1 visa because I will have to make many frequent trips back to Canada over the next year or so (probably for just a couple of days each), and dealing with AP seems like it is not worth it.

Any comments welcome.

This won't be a problem at all.

We got married 12/18/10. I filed the I-130 on 1/12/11, as soon as we got the marriage certificate in the mail. Did not come up at interview at all.

For our time the interview in Montreal was early Sept and the visa took about a week after that.

Good luck

Hi, this is my first time posting on this site. I've read lots of threads and learnt a lot. But here's a question regarding my case:

I'm a Canadian citizen, about to marry my USC girlfriend. We've been dating and doing a long distance thing for a few years, before which we were living in Canada. Never really felt the need to get married, but just found out that she's pregnant! So, after much thinking, we've decided to marry, so that I can move to the US and both of us can live and work there together.

Planning on a civil ceremony at city hall next month, and then filing for CR-1 immediately after. Does it matter that we will file the I-130 just a couple of weeks after the wedding? Could that look suspiciously like we are getting married only for the purpose of immigration?

By the way, we're not considering a K-1 visa because I will have to make many frequent trips back to Canada over the next year or so (probably for just a couple of days each), and dealing with AP seems like it is not worth it.

Any comments welcome.

This won't be a problem at all.

We got married 12/18/10. I filed the I-130 on 1/12/11, as soon as we got the marriage certificate in the mail. Did not come up at interview at all.

For our time the interview in Montreal was early Sept and the visa took about a week after that.

Good luck

[pushbrk 12,878]

It would be fine. You may file immediately after getting your marriage license.

Yes, it would be fine but it is a "Certified Copy of Marriage Certificate" that they need to get before filing. Filing happens after marriage. Marriage licenses are obtained BEFORE marriage. In some places, a marriage certificate and marriage license are actually part of the same one-page document, but a marriage license is not a marriage certificate. From Ontario, for example, it can take 30 days or more AFTER the marriage to obtain the necessary Certified Copy of Marriage Certificate.

[MattandJihyun 4]

Yes, it would be fine but it is a "Certified Copy of Marriage Certificate" that they need to get before filing. Filing happens after marriage. Marriage licenses are obtained BEFORE marriage. In some places, a marriage certificate and marriage license are actually part of the same one-page document, but a marriage license is not a marriage certificate. From Ontario, for example, it can take 30 days or more AFTER the marriage to obtain the necessary Certified Copy of Marriage Certificate.

It took me like a week from Korea, but yeah like you said every country has different policies and time lengths.

[canadian_wife 1,822]

It took me like a week from Korea, but yeah like you said every country has different policies and time lengths.

You filed directly with the consulate, the OP is not. Congrats on your 1 week approval but the OP should not expect the same

Good luck