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

[pushbrk 12,883]

On 1/14/2018 at 9:32 AM, 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? 

There is no 90 day rule.  Get married on a quick trip to Vegas if you want.  Don't know where you got any idea there ever was such a thing as a 90 day rule.

Getting married does not mean it's OK to stay in the USA.  Those are separate issues.

[pushbrk 12,883]

On 1/14/2018 at 9:45 AM, deepakchani said:

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. 

Married is married.  Religious ceremonies may or may not result in a legal marriage.  If you get married, you have a spouse, not a fiancee.

[Auds 223]

Your K1 will be null and void once you have a ceremony in July - so perhaps just get married anywhere - withdraw K1 and file CR1 now.  At least that way she can work as soon as her visa comes and she lands.

[NikLR 13,227]

On 1/15/2018 at 2:14 AM, Marzena & Stephen said:

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. 

 

Who cares if she had the intention of marrying upon entry? The USA has a healthy marriage tourism industry.  The issues is the intent to stay and adjust status.

 However I do agree that the CR1 will take longer than waiting out the K1. 

 

[NikLR 13,227]

Also in most of Canada a religious ceremony needs to be legalized.  There are very rare times when it does not. Not to mention even if your fiancee passes the interview, people have been stopped by the CBP for being too married for their visa. 

[Marzena & Stephen 544]

11 minutes ago, NikLR said:

Who cares if she had the intention of marrying upon entry? The USA has a healthy marriage tourism industry.  The issues is the intent to stay and adjust status.

 However I do agree that the CR1 will take longer than waiting out the K1. 

 

My apologize marrying "and staying"  I missed typing.