Going to marry to an US citizen and confusing

[tuzi 0]

Here is my complication.

Background:

I am holding a Chinese passport with a 10 year B1/B2 visa since 2006

I am a permanent resident in Canada. I submitted my application of Canadian Citizenship, but haven’t approved yet.

I am going to marry to an US citizen in US.

My questions are:

Is there any problem I use B1/B2 to enter US and get married?

If I use B1/B2 enter US and get married in US and then back to Canada, can my future husband file i130& i485? Or he has to file the paper only I am physically in US?

Is there any problem if we get married and file the paper within a couple of month from the marriage?

Thanks!

Edited September 4, 2012 by tuzi

[Hypnos 6,578]

You can enter the US on a B-2 visa and get married without issue.

Once you are married and have a certified copy of the marriage certificate then your husband can file the I-130 (petition for alien relative). An I-485 would not be used since that is for in-country adjustment of status.

So you can enter the US, marry, file I-130 and then return to Canada without issue. You should expect to wait 8 - 10 months for your immigrant visa to be approved from the time of the I-130 filing.

Edited September 4, 2012 by Hypnos

[tuzi 0]

Thanks for your response Hypnos. I have a few more questions:

Is there any problem if I get married and submit i130 right after?

If I return to CANADA after submit i130,but before immigration visa issued, can I still use B1/B2 enter US or I have to apply AP?

If I want to work legally in US after the immigration visa issued, could I submit i765 after i130 or I have to wait to submit it with i485?

[Hypnos 6,578]

I-485 is off the table. You do not require it because you are not applying for adjustment of status, you are filing for an immigrant visa, which, once approved, will automatically grant you a green card upon entry to the US.

You can marry and then file the I-130 as soon as you have a certified copy of the marriage certificate (which you will need to provide with the I-130, hence you require it prior to filing). You can attempt to enter the US on a B-1/ B-2 whilst your I-130 is pending and you will probably have no issue. You may need to prove ties to Canada in the meantime, to show that it is not your intent to remain in the US and simply file for AoS as an alternative to the immigrant visa.

After your immigrant visa is issued in Canada, upon entry to the US your immigrant visa is endorsed by CBP and serves as temporary evidence of a green card for up to one year, during which time you can work and travel internationally on it without issue. Within 30 - 60 days of your initial entry to the US your green card is mailed to the address they have for you and you are done.

[tuzi 0]

Thanks!

Do I need to notify the officer when I enter US border by B1/B2 while i130 is pending?

[Hypnos 6,578]

No, although they may well see it in their system and you may want to carry a copy of the NOA with you to show them since it will demonstrate that you are trying to do things the right way.

[Darnell 8,479]

Here is my complication.

Background:

I am holding a Chinese passport with a 10 year B1/B2 visa since 2006

I am a permanent resident in Canada. I submitted my application of Canadian Citizenship, but haven’t approved yet.

I am going to marry to an US citizen in US.

My questions are:

1. Is there any problem I use B1/B2 to enter US and get married?

2. If I use B1/B2 enter US and get married in US and then back to Canada, can my future husband file i130& i485? Or he has to file the paper only I am physically in US?

3. Is there any problem if we get married and file the paper within a couple of month from the marriage?

Thanks!

1. No.

2. Alas, once you go back to Canada, the I-485 is no longer an option. He'll have to chase after a CR-1 visa INSTEAD of you chasing after an adjustment of status.

3. no problem at all.

Note there are two paths.

FWIW, there have been 2 chinese women (this year) in yer exact situation, posting on VJ.

Good Luck !

[Darnell 8,479]

Thanks for your response Hypnos. I have a few more questions:

1. Is there any problem if I get married and submit i130 right after?

2. If I return to CANADA after submit i130,but before immigration visa issued, can I still use B1/B2 enter US or I have to apply AP?

3. If I want to work legally in US after the immigration visa issued, could I submit i765 after i130 or I have to wait to submit it with i485?

1. no.

2. yes. AP is not any option to you, if you are NOT adjusting status. IF you are adjusting status, AP is an option. Filing for a Visa? No AP for you. Adjusting Status? AP is an option.

3. no need, if holding an immigrant visa.

what guides are you studying here at VJ ? Please come back, on a PC, click the word 'Guides' above, study a bit la...

xie xie !

[tuzi 0]

Thanks Darnell. I'll take a look of the guide. Didn't notice before.

I have a few more questions:

If i130 submitted and I stay in Canada, how long the immigrant visa will be issued, 8-12 months?

If I enter USA w/ B1/B2 and stay, submit i130 and i485 together, is it acceptable? During the time I am waiting for i130 approved, could I work legally?

Thanks Hypnos!

No, although they may well see it in their system and you may want to carry a copy of the NOA with you to show them since it will demonstrate that you are trying to do things the right way.

[Hypnos 6,578]

Entering the US with the pre-conceived intent to remain would constitute immigration fraud. Since you have already indicated immigrant intent, a spousal visa should be the way to go and carries fewer risks.

You should expect to wait ~8 - 10 months from the time of filing the I-130 to approval.

Edited September 6, 2012 by Hypnos

[tuzi 0]

Thanks Hypnos!