CR1/i-130a Physical Address in USA while on VWP?

[Jaret&Rachael 106]

My husband and I are filing for the I-130 visa (CR1), he lives in the United States and I live in Canada. He will (obviously) be petitioning for me.

I lived with him in the United States from November 2017-January 2018, I also lived with him for a few weeks while we got married back in October of 2017, and on our marriage license we put down his physical address for the both of us as we had a confidential marriage license (not our choice, it'll be fine as we had two lawyers confirm it won't be an issue as long as we have a bona fide relationship- but I appreciate the concern lol).

 

On the form I-130a, it states that I have to write down the past physical addresses that I've lived within the past 5 years (within or outside of the USA). While living with my husband I was on a Visa Waiver Program (VWP), will this be a red flag? Normally I wouldn't write it down at all but because it's on our marriage license I feel obligated to have to state I lived with him for 2.5 months in the USA while on a VWP? I'm not even sure if that's legal? I have no idea.

 

 

 

[Boiler 46,252]

How as a Canadian did you qualify for the VWP?

[NikLR 13,232]

Did you have no other address?

[Jaret&Rachael 106]

Quote

y husband and I are filing for the I-130 visa (CR1), he lives in the United States and I live in Canada. He will (obviously) be petitioning for me.

I lived with him in the United States from November 2017-January 2018, I also lived with him for a few weeks while we got married back in October of 2017, and on our marriage license we put down his physical address for the both of us as we had a confidential marriage license (not our choice, it'll be fine as we had two lawyers confirm it won't be an issue as long as we have a bona fide relationship- but I appreciate the concern lol).

 

On the form I-130a, it states that I have to write down the past physical addresses that I've lived within the past 5 years (within or outside of the USA). While living with my husband I was on a Visa Waiver Program (VWP), will this be a red flag? Normally I wouldn't write it down at all but because it's on our marriage license I feel obligated to have to state I lived with him for 2.5 months in the USA while on a VWP? I'm not even sure if that's legal? I have no idea.

 

My bad not a visa waiver program, just general entry between Canada and USA. We do not require travel visas or visa waiver for "leisure". My mistake.

[mushroomspore 3,044]

2 hours ago, Jaret&Rachael said:

My husband and I are filing for the I-130 visa (CR1), he lives in the United States and I live in Canada. He will (obviously) be petitioning for me.

I lived with him in the United States from November 2017-January 2018, I also lived with him for a few weeks while we got married back in October of 2017, and on our marriage license we put down his physical address for the both of us as we had a confidential marriage license (not our choice, it'll be fine as we had two lawyers confirm it won't be an issue as long as we have a bona fide relationship- but I appreciate the concern lol).

 

On the form I-130a, it states that I have to write down the past physical addresses that I've lived within the past 5 years (within or outside of the USA). While living with my husband I was on a Visa Waiver Program (VWP), will this be a red flag? Normally I wouldn't write it down at all but because it's on our marriage license I feel obligated to have to state I lived with him for 2.5 months in the USA while on a VWP? I'm not even sure if that's legal? I have no idea.

 

 

 

Maybe I'm wrong so if someone out there wants to correct me, they're welcome to. But I'm not sure that constitutes as an "address" since you were a tourist/visitor during that time. To me, that's akin to us being asked to list every hotel, resort, friend's couch we have crashed on, etc. 

[Elrona 101]

I also stayed with my husband quite long period of time (using ESTA) but I did not write down as my address as I was not living there, it was just really extended holiday (about a month; next time almost 90 days; next one 3 weeks and then again about a month). I did write down for example the different addresses in other countries when I lived, studied or worked there (and was legally allowed to do so). But USA trips done on ESTA, nevertheless how long I stayed there, will always be just holidays.

[carmel34 3,660]

You weren't "living" with your husband, you were simply visiting him.  Living is when you are a legal resident.  You were a tourist.  They only visit temporarily.  No permanent address in the US applies to you.

[pushbrk 13,174]

16 hours ago, Jaret&Rachael said:

 

My bad not a visa waiver program, just general entry between Canada and USA. We do not require travel visas or visa waiver for "leisure". My mistake.

Generally referred to as the Canadian Visitor Privilege, as it is for six months rather than three.

[pushbrk 13,174]

3 hours ago, carmel34 said:

You weren't "living" with your husband, you were simply visiting him.  Living is when you are a legal resident.  You were a tourist.  They only visit temporarily.  No permanent address in the US applies to you.

While I tend to agree, there are plenty of Canadians who own homes in the US and live in the US almost half of every year.  If you were truly just visiting and your name is not on any lease or utility bills etc. I would use your Canadian address as your physical address during those periods, but it would NOT be a red flag to go the other way.

[Jaret&Rachael 106]

7 hours ago, pushbrk said:

While I tend to agree, there are plenty of Canadians who own homes in the US and live in the US almost half of every year.  If you were truly just visiting and your name is not on any lease or utility bills etc. I would use your Canadian address as your physical address during those periods, but it would NOT be a red flag to go the other way.

Thanks! My only concern is my address on our marriage certificate is in the USA. So that's why I'm afraid not to place it on our I-130.

[pushbrk 13,174]

1 hour ago, Jaret&Rachael said:

Thanks! My only concern is my address on our marriage certificate is in the USA. So that's why I'm afraid not to place it on our I-130.

No worries, really.