Marrying in LA and Filing for I-130

[.me 1]

Both Canadian citizens, can we fly from Canada to LA to marry there, file for I130?

Petitioner would go back to Canada and the Alien Relative will stay.

Is it possible to do that or that's tricky?

Thanks and happy new year!

[Ketsuban 1,034]

Don't you mean the alien relative will go back to Canada and the petitioner will stay??

[.me 1]

Nope, exactly what I wrote - petitioner will go back to Canada (to finish up business) and Alien will stay in LA (to look for a job and start settling in)

[lost_at_sea 995]

Wait wait... confused. You're both Canadian citizens? I assume one of you have LPR status in the US?

[Pitaya 2,577]

You say both are Canadian citizens.

Is there a USC or US-Permanent Resident somewhere in the equation?

[.me 1]

That's correct.

One of us is Canadian / Born in US

Other is Canadian

Wait wait... confused. You're both Canadian citizens? I assume one of you have LPR status in the US?

[lost_at_sea 995]

That's correct.

One of us is Canadian / Born in US

Other is Canadian

Ah, so the petitioner has US citizenship.

What visa is the Canadian beneficiary staying in LA on? Tourist?

[discoverusa 277]

Technically, yes you can stay but only until your VWP expires (90 days). Then you will have to go back to Canada and file for spouse visa. No point in looking for a job since you won't have work authorization. Unless you are seeking AOS from VWP and that is another story. I am sure that about 10 angry comments will follow about that. They will enlighten you about the whole 'intent' issue, etc.

[JohnR! 5,495]

Both Canadian citizens, can we fly from Canada to LA to marry there, file for I130?

Petitioner would go back to Canada and the Alien Relative will stay.

Is it possible to do that or that's tricky?

Thanks and happy new year!

It is not tricky, so much as it is illegal. Entering the US on a tourist visa with the intention of staying and establishing residence is considered immigration fraud.

The US citizen in this case will need to start the process - I-130 - while the beneficiary should wait for the process in the home country, as required by law.

Good luck!

[.me 1]

Canadians don't really need a visa to come to US - we have open borders.

So technically yes, Tourist visa.

Should I apply for a Fiancé(e) Visa (K1) prior to traveling to US to marry there?

Regards

Michael

Ah, so the petitioner has US citizenship.

What visa is the Canadian beneficiary staying in LA on? Tourist?

[JohnR! 5,495]

Canadians don't really need a visa to come to US - we have open borders.

So technically yes, Tourist visa.

Should I apply for a Fiancé(e) Visa (K1) prior to traveling to US to marry there?

Regards

Michael

That is a far better alternative. You can apply for a K-1 visa and the beneficiary can then enter the US with the intent to marry, stay and AOS.

[lost_at_sea 995]

Canadians don't really need a visa to come to US - we have open borders.

So technically yes, Tourist visa.

Should I apply for a Fiancé(e) Visa (K1) prior to traveling to US to marry there?

Regards

Michael

Then your original proposed plan doesn't really work. The Canadian beneficiary can't wait in the US while the I-130 and CR-1 are processed, they'd have to leave at the end of their allotted stay (usually 90 days). You can go and marry, and then as long as the beneficiary has left before their time is up, that's fine, but it sounded like you wanted them to stay put? No can do. Neither can they work (tourist visas don't allow work) and K1s can't work until they have their EAD.

If you mean "can we go get married in the USA as tourists then go home to Canada" then yes. You can do that.

If you want to marry in the USA and then adjust status to legally stay in the USA (for the Canadian beneficiary) then yes, the K1 would be a route to do that. Note that with that option, you have to marry within 90 days of entry on the K1, then the beneficiary cannot leave the USA until they either have AP (advanced parole) or their green card comes through. The soonest they'd be able to leave the USA again would be about 3 months if you got married immediately and had paperwork in good order - same for EAD.

There's a comparison sheet here: http://www.visajourney.com/content/compare

For all of those options, you as the US Citizen would need to show that you have a US domicile (i.e. you have to actually be resident in the USA), although you can obviously travel.

Edited January 2, 2014 by lost_at_sea

[ChicagoSarah 127]

The open borders thing doesn't apply to immigrating. Check out the exceptions to the no visa rule here. You fall into the category of needing a visa BEFORE moving to the US.

http://canada.usembassy.gov/visas/information-for-canadians/canadians-requiring-visas.html

[.me 1]

Thanks a lot for all your help!

Everything is clear now!

I wish Canada did DCF, I guess Chicago mailbox is the way to go.

Thanks again!

[.me 1]

Thanks for your reply!

Then your original proposed plan doesn't really work. The Canadian beneficiary can't wait in the US while the I-130 and CR-1 are processed, they'd have to leave at the end of their allotted stay (usually 90 days). You can go and marry, and then as long as the beneficiary has left before their time is up, that's fine, but it sounded like you wanted them to stay put? No can do. Neither can they work (tourist visas don't allow work) and K1s can't work until they have their EAD.

If you mean "can we go get married in the USA as tourists then go home to Canada" then yes. You can do that.

If you want to marry in the USA and then adjust status to legally stay in the USA (for the Canadian beneficiary) then yes, the K1 would be a route to do that. Note that with that option, you have to marry within 90 days of entry on the K1, then the beneficiary cannot leave the USA until they either have AP (advanced parole) or their green card comes through. The soonest they'd be able to leave the USA again would be about 3 months if you got married immediately and had paperwork in good order - same for EAD.

There's a comparison sheet here: http://www.visajourney.com/content/compare

For all of those options, you as the US Citizen would need to show that you have a US domicile (i.e. you have to actually be resident in the USA), although you can obviously travel.