Im getting married in the US and going back shortly after whilst my husband files for I-130 petition

[Beedee170407 0]

Hello everyone

 

my fiance and I have known eachother for six years, dates for three and have been engaged for over a year. We’re ready to get married now and are planning to do so on my next trip to the states coming up soon. 

 

We really would love to start our life together in the states, he’s a US citizen. Would he be able to file for the I-130 petition shortly after our wedding and would it be ok for me to go back to my home (Nigeria) whilst he’s filing? I’ve been hearing that this isn’t ok, could I get some advice please. Thanks

 

If anyone has a similar situation to completion, please advise. Thank you

[Allaboutwaiting 2,503]

You can enter to get married and MUST go back to your country after the wedding, before the I-94 permit you'll be issued at entry expires.

He can file once you have the wedding certificate in hand. 

What exactly you were told that wasn't OK? 

[Daphne . 1,866]

10 minutes ago, Beedee170407 said:

Hello everyone

 

my fiance and I have known eachother for six years, dates for three and have been engaged for over a year. We’re ready to get married now and are planning to do so on my next trip to the states coming up soon. 

 

We really would love to start our life together in the states, he’s a US citizen. Would he be able to file for the I-130 petition shortly after our wedding and would it be ok for me to go back to my home (Nigeria) whilst he’s filing? I’ve been hearing that this isn’t ok, could I get some advice please. Thanks

 

If anyone has a similar situation to completion, please advise. Thank you

Where have you heard that this is not okay because this actually is the correct way to do it 👍🏻

 

Good luck on your immigration journey! 

[Beedee170407 0]

Thanks to you both.

 

i was told that it would be considered immigration fraud for me to come into America, get married, leave and then have my husband file shortly after getting married. It could raise an alarm as it would look like my only reason for being in America on a B1/B2 visa was to get married. I’m genuinely confused

[Crazy Cat 41,888]

11 minutes ago, Beedee170407 said:

Thanks to you both.

 

i was told that it would be considered immigration fraud for me to come into America, get married, leave and then have my husband file shortly after getting married. It could raise an alarm as it would look like my only reason for being in America on a B1/B2 visa was to get married. I’m genuinely confused

Being in the US just to get married is perfectly legal.......you can not come to the US with the intent to stay and adjust status.

[Letspaintcookies 2,310]

13 minutes ago, Beedee170407 said:

Thanks to you both.

 

i was told that it would be considered immigration fraud for me to come into America, get married, leave and then have my husband file shortly after getting married. It could raise an alarm as it would look like my only reason for being in America on a B1/B2 visa was to get married. I’m genuinely confused

It's totally fine to go on a tourist visa and get married as long as you leave again.

If you go on a tourist visa with the intend to stay, that would be fraud. 

[Allaboutwaiting 2,503]

17 minutes ago, Beedee170407 said:

Thanks to you both.

 

i was told that it would be considered immigration fraud for me to come into America, get married, leave and then have my husband file shortly after getting married. It could raise an alarm as it would look like my only reason for being in America on a B1/B2 visa was to get married. I’m genuinely confused

Not at all, it is exactly the other way around. 

If you enter as a tourist with the purpose of getting married, staying and applying for a green card, it is considered fraud. 

Edited July 27, 2019 by Allaboutwaiting

[Beedee170407 0]

Thanks so much😀 I was getting very confused, appreciate the clarity. So CR-1 is the best option for us then right? Because I intend to come back to Nigeria after marriage and wait until the next step. 

 

I would also also like to find out if I’d be allowed to come back to visit on my B1/B2 visa once the process starts?

[Beedee170407 0]

6 minutes ago, Allaboutwaiting said:

Not at all, it is exactly the other way around. 

If you enter as a tourist with the purpose of getting married, staying and applying for a green card, it is considered fraud. 

Thank you

[Just Paul 4,595]

2 minutes ago, Beedee170407 said:

So CR-1 is the best option for us then right?

It is the only option if you are married.

 

2 minutes ago, Beedee170407 said:

I would also also like to find out if I’d be allowed to come back to visit on my B1/B2 visa once the process starts?

Yes but be prepared to show ties back to your home country.

[Beedee170407 0]

1 minute ago, Paul & Mary said:

It is the only option if you are married.

 

Yes but be prepared to show ties back to your home country.

Got it! Thank you 😊 

 

What about in transit to Jamaica? Would I be expected to show ties even though I’m not actually visiting America but transiting? We’re supposed to be vacationing there mid next year. 

[Just Paul 4,595]

45 minutes ago, Beedee170407 said:

Would I be expected to show ties even though I’m not actually visiting America but transiting?

Plan on it being the same to enter the US for transit. 

 

There is nothing to stop you from leaving the airport and entering America once you clear customs. 

[Beedee170407 0]

1 hour ago, Paul & Mary said:

Plan on it being the same to enter the US for transit. 

 

There is nothing to stop you from leaving the airport and entering America once you clear customs. 

Ok, thanks

[Nitas_man 3,100]

4 hours ago, Beedee170407 said:

Thanks to you both.

 

i was told that it would be considered immigration fraud for me to come into America, get married, leave and then have my husband file shortly after getting married. It could raise an alarm as it would look like my only reason for being in America on a B1/B2 visa was to get married. I’m genuinely confused

LOL

 

Nope, that’s exactly how to do it and it will actually be looked on favorably at interview

[payxibka 10,045]

4 hours ago, Beedee170407 said:

Thanks to you both.

 

i was told that it would be considered immigration fraud for me to come into America, get married, leave and then have my husband file shortly after getting married. It could raise an alarm as it would look like my only reason for being in America on a B1/B2 visa was to get married. I’m genuinely confused

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