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Jean Eloise

What form to get after getting married

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Country: Spain
Timeline

Another thing you need to understand.... If your boyfriend/fiance is not a CITIZEN of the US (I believe Naturalized US Citizens only, maybe LPRs as well, but if I'm wrong, please someone correct me), the wait will be longer. Not impossible to get the spousal visa, but prepare for a longer wait. Will the wait suck? Absolutely.

 

Plan on making trips to see him here, and he will need to do likewise for you in Canada. You can do those, but you need to show that you have all intentions of going back in a timely manner, so prepare proof that you will do so, and you need to do some research to determine that length of time. Short visits are best.

 

DO NOT let him file the I-130 when you are in the US visiting. Let him file when you leave to go back to Canada. USCIS might think you are trying to do AOS into the US if he files while you are here. The form asks if the person being petitioned for is currently in the US, so answer truthfully. So, for him to truthfully check "NO", you MUST be outside of the US when he files. Make sure to NEVER lie in anything to do with this process. It will only haunt you later. It's not worth it at all.

 

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1 hour ago, Jean Eloise said:

After we get marry can I use his last name and put it on the marriage certificate? Will changing my last name not conflict on the filling the I-130?

You can change your name using the marriage certificate. Marriage certificates show maiden name, but you can use the document to start using his name.

 

Why would it conflict?  You'll be married by the time he files the petition.

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3 hours ago, TenderHearted said:

If your boyfriend/fiance is not a CITIZEN of the US

OP clearly stated, "my boyfriend who is a US citizen"

3 hours ago, TenderHearted said:

DO NOT let him file the I-130 when you are in the US visiting. Let him file when you leave to go back to Canada.

I disagree. I-130 can be filed while beneficiary is in or outside US. If beneficiary is visiting the US, petitioner will fill out "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate" section in Part 4. Petitioner will also fill out Items Numbers 46.a. - 46.d. in Part 4.

https://www.uscis.gov/system/files_force/files/form/i-130.pdf

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