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Love-always

CR-1 VISA I-130 filing

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If we get married on a whim during the Holidays on his Tourist VISA Should we start the 1-130 papers in the US or wait until my spouse goes back home to his country ? I want to be safe :) 

my fiance wants to start the papers while he is with me but if it poses a red flag then maybe we should wait and Start the I-130 paperwork when he is back in his country ? 

 

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1 hour ago, Love-always said:

If we get married on a whim during the Holidays on his Tourist VISA Should we start the 1-130 papers in the US or wait until my spouse goes back home to his country ? I want to be safe :) 

my fiance wants to start the papers while he is with me but if it poses a red flag then maybe we should wait and Start the I-130 paperwork when he is back in his country ? 

 

Either way is OK, as long as he leaves on time.  However, I recommend indicating he is not currently IN the USA, and then filing the day after he leaves.  It's not really necessary but it avoids a common error on USCIS's part.  Sometimes when you indicate the beneficiary is IN the US when the petition is filed, they route the approved petition incorrectly when approved.

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