Getting married in Canada and file I-130

[SalemCat 1]

Hello everyone! I have a question regarding cr1 visa. My fiancé is an American, we are planning to get married in Canada where I currently am. I am a temporary resident in Canada. We are just wondering if this could work. I can’t go to the states on B1/B2 visa and marry her within the first 90 days. That’s why she’s planning to come here to Canada to marry me. Then she will return to the states and file the I-130. Would this be a good idea? 

[HRQX 4,145]

50 minutes ago, SalemCat said:

My fiancé is an American, we are planning to get married in Canada where I currently am.

Yes you can marry in Canada and then start IR-1/CR-1 process. Just confirm the marriage requirements of where you are.

51 minutes ago, SalemCat said:

I can’t go to the states on B1/B2 visa and marry her within the first 90 days.

It only takes a few hours to marry in Las Vegas. You can marry during a B-2 visit: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

[SalemCat 1]

1 minute ago, HRQX said:You can marry during a B-2 visa

Thank you for replies, I already have B1/B2 visa that I obtained from the US embassy in Canada. Isn’t it risky to marry someone within the first 90 days upon arrival?

[Lil bear 4,218]

4 minutes ago, SalemCat said:

Thank you for replies, I already have B1/B2 visa that I obtained from the US embassy in Canada. Isn’t it risky to marry someone within the first 90 days upon arrival?

Nope. All good. Enter on your B1/2, marry, vacation.. honeymoon .. return to Canada as planned and file your I130

[HRQX 4,145]

9 minutes ago, SalemCat said:

Isn’t it risky to marry someone within the first 90 days upon arrival?

Not risky at all. Just don't have preconceived intent to stay in the US without the appropriate visa; i.e. "[take] up residence in the United States": https://fam.state.gov/fam/09FAM/09FAM030209.html "post may take into account whether the applicant signed a long-term lease or obtained a mortgage, bills in the applicant’s name, whether the applicant obtained a local driver’s license, and any other evidence that may support a finding that the applicant took up residence in the United States"

 

Thus you can:

1. marry during B-2 visit
2. leave before I-94 expires, and
3. start IR-1/CR-1 process

Edited July 10, 2021 by HRQX

[SalishSea 17,836]

1 hour ago, SalemCat said:

Thank you for replies, I already have B1/B2 visa that I obtained from the US embassy in Canada. Isn’t it risky to marry someone within the first 90 days upon arrival?

You can visit and marry, but you must return to Canada to wait out the I-130 processing.

[SalemCat 1]

Just now, Jorgedig said:

You can visit and marry, but you must return to Canada to wait out the I-130 processing.

If someone went to us on b2 and get married and filed I-130 would be risky right?

[SalemCat 1]

1 hour ago, Lil bear said:

Nope. All good. Enter on your B1/2, marry, vacation.. honeymoon .. return to Canada as planned and file your I130

Thank you for your response, what if the custom officer deny my entry if I tell them I’m going to hang out with my fiancée?

[SalishSea 17,836]

2 minutes ago, SalemCat said:

Thank you for your response, what if the custom officer deny my entry if I tell them I’m going to hang out with my fiancée?

You tell them the truth.  Never, ever lie at the border!

[SalishSea 17,836]

5 minutes ago, SalemCat said:

If someone went to us on b2 and get married and filed I-130 would be risky right?

It would be risky if a B-2 visa holder were to enter the US with the intention of marrying and to stay.  Because that is illegal.

[HRQX 4,145]

11 minutes ago, SalemCat said:

Thank you for your response, what if the custom officer deny my entry if I tell them I’m going to hang out with my fiancée?

When you travel bring proof of your ties to either Canada or your origin country. Even travelers that have pending fiancé or marriage process successfully visit:

12 minutes ago, SalemCat said:

If someone went to us on b2 and get married and filed I-130 would be risky right?

Again, marrying in the US is allowed. Here is an example:

On 9/4/2018 at 6:40 PM, JFH said:

Nothing wrong with getting married here whilst visiting. Plenty of people get married here who don't live here - Thomas Cook Weddings wouldn't be in existence if Brits couldn't come on the VWP to get married in Las Vegas and Disney World whilst on holiday. I got married here on a VWP visit. Arrived on a Tuesday, got the license on the Wednesday, married on the Saturday (our state has a three-day waiting period), returned to the U.K. the following Tuesday. The London embassy even states that this is perfectly acceptable. There is an "urban myth" floating among some users of this forum that if you want to get married in the USA you have to apply for a K-1 and that marrying as a visitor is somehow not permitted.

 

The US citizen can even file the I-130 petition (to start consular processing path) before you leave the US: "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" fields would be filled-out.

 

And leave the following fields completely blank

Edited July 11, 2021 by HRQX

[SalemCat 1]

50 minutes ago, HRQX said:

When you travel bring proof of your ties to either Canada or your origin country. Even travelers that have pending fiancé or marriage process successfully visit:

Again, marrying in the US is allowed. Here is an example:

 

The US citizen can even file the I-130 petition (to start consular processing path) before you leave the US: "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" fields would be filled-out.

 

And leave the following fields completely blank

You are awesome!

[Crtcl Rice Theory 2,432]

We went through two green card passes and traveled back an forth via the BC land borders weekly. We always carried proof of ties (leases, job proof, family) in the glove compartment, but we never needed it. COVID-19 put a few kinks in the transit plans. 

 

[TedsGirl 193]

On 7/10/2021 at 3:29 PM, SalemCat said:

Hello everyone! I have a question regarding cr1 visa. My fiancé is an American, we are planning to get married in Canada where I currently am. I am a temporary resident in Canada. We are just wondering if this could work. I can’t go to the states on B1/B2 visa and marry her within the first 90 days. That’s why she’s planning to come here to Canada to marry me. Then she will return to the states and file the I-130. Would this be a good idea? 

Hello. 

 

Just to encourage you, I spent 5 weeks in Texas on an ESTA, as I am a UK citizen with Canadian Permanent Residency. I told the CBP officer that I was visiting my fiancé and his family for 5 weeks. He stamped my passport and let me in. We got married, had our honeymoon, visited his family and friends around Texas. I just returned to Canada Saturday night. 

 

I hope your trip goes as smoothly as mine. 

 

All the very best to you and your soon-to-be spouse.