i-130 question

[SabRob 154]

16 hours ago, kellyh said:

Assuming you've already done your research on which Visa route you're going with, which would be the IR-1 / CR-1.

If you haven't seen the comparison guide for the different types of Visa, please check out the guide here: http://www.visajourney.com/content/guides/

 

Not sure where you / your spouse reside. See the guides below for the different scenarios.

 

US Citizen lives in the US & Spouse lives overseas: http://www.visajourney.com/content/i130guide1

US Citizen and Spouse both live/reside in the US: http://www.visajourney.com/content/i130guide2

US Citizen and Spouse both live/reside overseas: http://www.visajourney.com/content/dcf

 

Where will you be getting married?

- Canada or USA?

If in the USA, as @JessieABC mentioned, you'll need to apply for the K-1 visa first (approx time to obtain visa is 7mths) for the sole purpose of marriage. Without this, it is considered an 'illegal' marriage.

If in Canada, you get to skip the above step and go right ahead and proceed with filing the "I-130: Petition for Alien Relative" once your Marriage Certificate arrives. 

 

It's not an "illegal marriage" if you go to the US for the sole purpose of getting married. As long as you prove that you are going back to your country and go through legal channels in order to obtain a green card, everything will be fine. 

 

My husband and I were married in the US while I was on a tourist visa and everything went smoothly.

[Bethany123 56]

I didn't think it was illegal, so long as I prove that I'm going back to Canada (return flight or letter from employer or something). 

[agripa 100]

9 minutes ago, Bethany123 said:

I didn't think it was illegal, so long as I prove that I'm going back to Canada (return flight or letter from employer or something). 

It's absolutely not illegal to get married in the United States under a tourist visa. Just a few important things to remember:

1. If the immigration officer asks your purpose for entering the United States, you need to be 1000% upfront and state you intend to get married and then return back to Canada. They may not allow you into the country, but this doesn't hurt your application. The only thing which hurts is lying, so don't do it!!
2. Have really really strong proof of ties to your country. A letter from your employer is a good start; I'd also have copies of a lease agreement for wherever you're staying in Canada.
3. Do not attempt to get married in the USA and end of staying there (i.e., adjust your status). This would look badly on any future visa applications as you essentially went against the intent of the tourist visa.

20 hours ago, Bethany123 said:

My understand is he has to file a petition for alien relative as well as an affidavit of support. What else do I need to know?

Everyone here has given really good advice. You have two basic routes --

1. Do not get married. Apply for the K1 or fiance visa. This takes ~6-8 months and allows you to come into the USA to get married and then legally adjust your status to a green card holder.
2. Get married in Canada and /or the USA, return to Canada and apply for the CR1 visa. This will take ~1 year to complete.

See the guides for specific details.

[Ryan H 3,834]

~~~Similar topics merged.~~~

[Ryan H 3,834]

***Hijack posts removed; if you have your own question about your own case, you need to start your own thread.***