CR-1 visa, how long should we wait to file paperwork after getting married?

[mika__ 50]

Hi there

 

im a Canadian and my fiance is american. We plan on doing the CR-1 visa so I can go live in America to be with him after years of being together.

 

my next visit to see him in the US is in April here and we plan on getting married there the week and a half im there in the USA and then I go back home to Canada after that visit. Once im home we plan on starting the paperwork for CR-1

 

He thinks we should start the paperwork getting married 1-2 months after im back home in Canada. Is this necessary? He thinks if we file the paperwork right away for a CR-1 visa after getting married and me going back home will be a problem (i asked him why and he told me he thinks it doesnt look good? I dont really know haha). Ide like to file the paperwork as soon as possible after getting married.

 

 

How long should we wait to start the paperwork after I return home after my visit with him? Is it necessary to wait a certain amount of time or can we start right away?

 

 

Thanks so much!

Edited February 19, 2018 by mika__

[Lemonslice 5,027]

You can start as soon as all the documents are available.  Sometimes, it takes a few weeks to get the marriage certificate.

[Mrsjackson 300]

What is his reason for wanting to wait a certain amount of time before filing the paperwork? 

[DeepakChani 738]

You would come in as a tourist, correct? 

 

What do you plan  to tell the CBP officer for your reason of visiting when you enter? 

3 minutes ago, Mrsjackson said:

 

[mika__ 50]

4 minutes ago, DeepakChani said:

You would come in as a tourist, correct? 

 

What do you plan  to tell the CBP officer for your reason of visiting when you enter? 

 

Im Canadian and never used a tourist visa, I always find it very easy to visit the USA

 

Not sure if im supposed to tell the officer my intent on going to specifically get married and return or just say what I always say "just visiting my fiance" (which is true)

 

 

It would be best to tell the officer im coming to visit my fiance, get married and come back home and apply for the cr-1 visa (and make sure I have ties back home to show the officer) is that correct?

Edited February 19, 2018 by mika__

[Crazy Cat 42,758]

File the paperwork asap after marriage.  Processing times are getting longer.  There is no need for delay after you have assembled everything needed to complete your package.  You plan to marry inside the US, then return to Canada is legal, sound, and practical........Good luck on your journey.

[DeepakChani 738]

1 minute ago, missileman said:

File the paperwork asap after marriage.  Processing times are getting longer.  There is no need for delay after you have assembled everything needed to complete your package.  You plan to marry inside the US, then return to Canada is legal, sound, and practical........Good luck on your journey.

Just wondering about proving that you didn't just enter to get married. Wouldn't they notice that they got married very closely to him/her arriving in the states? I believe this would be overcome with strong evidence you guys have a bona-fide relationship. 

[Lemonslice 5,027]

1 minute ago, DeepakChani said:

Just wondering about proving that you didn't just enter to get married. Wouldn't they notice that they got married very closely to him/her arriving in the states? I believe this would be overcome with strong evidence you guys have a bona-fide relationship. 

It is perfectly legal to "enter just to get married".  S/he is planning to return to Canada and file for a spousal visa after. 

[Crazy Cat 42,758]

11 minutes ago, DeepakChani said:

Just wondering about proving that you didn't just enter to get married. Wouldn't they notice that they got married very closely to him/her arriving in the states? I believe this would be overcome with strong evidence you guys have a bona-fide relationship. 

Not relevant.  It is perfectly legal to enter the US to immediately marry, as long as she returns to Canada.

Edited February 19, 2018 by missileman

[JFH 12,191]

15 minutes ago, DeepakChani said:

You would come in as a tourist, correct? 

 

What do you plan  to tell the CBP officer for your reason of visiting when you enter? 

She will do what we all do - answer only the question that's asked, answer the question truthfully and not volunteer any additional information. But this is not what she's asking. 

Edited February 19, 2018 by JFH

[ms_bobdog 501]

I am on VWP and I go through automated clearance in Chicago O'Hare. They usually don't ask me any questions, or at most, they ask how long I am staying for. I entered to get married and then left a week after, because if we were to get married in Singapore, he has to be here for at least 2 weeks before that is possible, and he didn't have enough paid leave from work. I too thought I should wait to file for CR1, but now I know that was kind of silly!

[redvines 57]

We filed within a month of getting married. Waiting for wedding photography and to finish the holiday/leave the USA were the only reasons we didn't file immediately.  Every day you don't file is another day you have to wait.

[NovaSprings 89]

As long as you have all the paperwork needed to file then file as soon as you can. Sometimes folks underestimate the time it will take you to gather all the info needed, like birth certificates (and if you are from Quebec you will need them translated)  If you are planning to change your name, I would suggest getting all your ID's changed before you file.  This will make things a lot smoother in the future.  In our situation, we were married in late Oct and filed in late Jan.  The major reason for the delay was getting the marriage certificate from Nova Scotia.  It takes a month + after the wedding to get the certificate and you can't really change your name on your Drivers Lic/ passport etc. until you have that.  But as mentioned, the extra bit of time upfront saved a lot of time and hassle later (if you plan on changing your name)

 

When you want to enter the US, either for your wedding or after when you file,  just make sure that you have proof that you are planning to return to Canada/have ties to Canada.  If you fly, have your return ticket printed out.  Have copies of things like a lease, or utilities bills, etc.  Be honest at the boarder, but be prepared with your proof,  remember you can be refused entry if the CBP officer thinks you are entering the US to stay.   Based on info from some of my friends, it use to be a no brainer for Canadians to come and visit their spouses, however, over the last several months, CBP officers seem to be more strict and want proof.

 

Good luck, and Congratulations! 

 

[Iwo_Jima 119]

We married in Brazil. I'm USC, she is Brazilian.

 

We got marriage certificate right away (right after wedding registration ceremony).

 

I came back to States and did all necessary preparations for I-130 (certified translation, prove of our bona fide marriage etc).

 

I sent I-130 one month after our marriage.

[Iwo_Jima 119]

And yes, I-130 process is  getting longer.

 

My friend married few years ago (in 2012) and it took him 8 months from A (filing I-130) to Z (receiving visa). Now it takes 12-15 months on average.