Applying to IR1/CR1 while visiting spouse

[na1234 0]

Hey, I really could not find an answer to this question so I was wondering if someone can help me out!

I'm from Canada and I plan on visiting my fiance in the USA and getting married there, and then returning to Canada a few weeks later since I have school to attend. I know that legally anyone visiting in the US can get married and that it is only considered fraud if the foreign spouse applies for adjustment of status (AOS) and stays/starts living in US. And that is of course not what we want to do. We want to get married so that we can start the IR1/CR1 spouse visa process asap. So I was wondering, would my then US spouse be able to apply for the IR1/CR1 while I am still there in the US? Or can my spouse only apply after I leave and then I return again for a visit?
Essentially, would I first have to leave US for my spouse to apply or can my spouse apply while I am still there in the US in the couple of weeks after we get married?
Thanks!

[HRQX 4,145]

1 hour ago, noor9825 said:

So I was wondering, would my then US spouse be able to apply for the IR1/CR1 while I am still there in the US?

Yes. The US citizen can file I-130 petition at that time. Put Montreal, Quebec, Canada in "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 in" section.

Edited July 29, 2020 by HRQX