90 Day rule apply for marriage as a tourist and I130?

[DeepakChani 738]

Hello VJ Community. I have known my Candia fiancee for over a year now. I myself am a USC. We do have a pending K1 but being process times are taking longer than usual, we want to get married. The goal is to have the marriage here in the US and then file I130. If the Canadian-born  fiancee comes and gets married here (enters via passport) within a short period of time (within a month of arrival), will that trigger the 90 day rule that the USCIS looks at for fraud? 

 

If I go to Canada and get married then file i130 when I get back to America,  does the 90 day rule still apply? 

Edited January 14, 2018 by deepakchani

[Crazy Cat 41,886]

The only rule which applies is that your Canadian fiance can not enter the US with the intent to marry and remain/adjust staus....unless she enters via an approved K-1.

 

There is nothing to prevent you from marrying in Canada before you apply for a CR-1 when you return to the US.

Edited January 14, 2018 by missileman

[DeepakChani 738]

Yes, if we go down this route of marrying here and then doing the i130, we would drop the K1 as it is taking forever for approval. Would that impact anything? 

[payxibka 10,045]

1 minute ago, deepakchani said:

Yes, if we go down this route of marrying here and then doing the i130, we would drop the K1 as it is taking forever for approval. Would that impact anything? 

I-130s are not any better

[Crazy Cat 41,886]

1 minute ago, deepakchani said:

Yes, if we go down this route of marrying here and then doing the i130, we would drop the K1 as it is taking forever for approval. Would that impact anything? 

Where do you plan to marry?  First you said Canada, now you say here.

[DeepakChani 738]

1 minute ago, missileman said:

Where do you plan to marry?  First you said Canada, now you say here.

I am still planning the best option (marriage either here or the US). I want to make sure if it is here, we don't trigger some 90 day rule even though in the K1 packet we said we have a religious ceremony planned for July (just a ceremony and not a legal marriage). When we legally get married it would be through the court and registered. 

[doggieandsam 765]

how far along in the K1 process are you? If your fiancee comes to the US with the intention to stay and remain and adjust that would be fraud. She can enter, you guys get married and then she leaves to wait out the CR1 process back home.

[DeepakChani 738]

Just now, iamdegie said:

how far along in the K1 process are you? If your fiancee comes to the US with the intention to stay and remain and adjust that would be fraud. She can enter, you guys get married and then she leaves to wait out the CR1 process back home.

We are waiting for NOA2 now since December. Yes, she will not adjust status here (which is fraud). We would get married here, she would go back to Canada, and wait for the i130. Follow up question would be :Can she visit while i130/cr1 is being processed? 

[Crazy Cat 41,886]

1 minute ago, deepakchani said:

We are waiting for NOA2 now since December. Yes, she will not adjust status here (which is fraud). We would get married here, she would go back to Canada, and wait for the i130. Follow up question would be :Can she visit while i130/cr1 is being processed? 

Yes, visiting is permitted

 

There is no 90 rule to worry about....good luck.

Edited January 14, 2018 by missileman

[belinda63 3,038]

But the CR-1 process will take over a year. Better to wait for the K-1 to finish its run.

[doggieandsam 765]

10 minutes ago, deepakchani said:

We are waiting for NOA2 now since December. Yes, she will not adjust status here (which is fraud). We would get married here, she would go back to Canada, and wait for the i130. Follow up question would be :Can she visit while i130/cr1 is being processed? 

Ok, not too long ago since you filed then. i am not exactly sure how to go about it, but you need to look at how to withdraw the k1 application first before you start over with the cr1. maybe consider though, that by the time you have withdrawn the k1 to the time your fiancee visits, you get married and completes and submits the cr1 application, months may have passed and you would be almost done with the k1 if you had stuck it out.

 

Like the poster below said, she can visit while the cr1 is being processed.

[TNJ17 1,329]

If you have already filed the K1 its gonna be faster than filing a CR1. Even if you hadn’t it would still be faster. You cannot have her come to the US, get married and adjust status without the K1 Visa. That’s immigration fraud. If you wanna drop the K1, which I think is not a good idea, to have her come to the US, get married, or get married anywhere, and file CR1 it’s gonna take another 12-14 months from the date of filing. She would have to go back to her home country and wait for visa in order to come. You’re already halfway there with your K1. There’s no faster option for you. 

[caliliving 606]

at this point.. wait for the K1! its already filed!

 

dont plan ANY wedding!!!

 

just wait. a few more months and then she can come to the USA and get marrired.. you should have done the CR1 (marriage visa) and i recommend every canadian do this as they usually have no issues visiting! and get a greencard upon entry!!!!! also, she could get married and go home and apply for the CR1

 

 

but you did the K1, wait it out.

 

 

[Marzena & Stephen 544]

17 hours ago, deepakchani said:

Hello VJ Community. I have known my Candia fiancee for over a year now. I myself am a USC. We do have a pending K1 but being process times are taking longer than usual, we want to get married. The goal is to have the marriage here in the US and then file I130. If the Canadian-born  fiancee comes and gets married here (enters via passport) within a short period of time (within a month of arrival), will that trigger the 90 day rule that the USCIS looks at for fraud? 

 

If I go to Canada and get married then file i130 when I get back to America,  does the 90 day rule still apply? 

Wait out the k1 visa. Anything else will take much longer if you cancel. If she enters and gets married after cancelling a k1...It would be hard to prove she didn't have the intention of marrying when entering. 

 

[Ryan H 3,812]

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