In US and want to get married to Canadian but uncertain how to proceed

[Sirmoosebacon 0]

Greetings! My fiancé (Canadian) are currently visiting friends in the US where we one day plan to reside. We plan to get married in April 2025 in the US, but I haven’t filed my petition for her visa so I think I really screwed up. I thought we could get legally married now so she gains benefits such as access to my healthcare, etc., then we’d go visit her family in Canada for a couple months. After that trip to Canada, I planned to come back to the US where I live/work while she would stay in Canada and go back and forth to visit me and plan the wedding ceremony. I’d also pop up to Canada whenever I could. However, I now believe that the idea of getting legally married now while we’re in the US is a mistake, and that my not filing for the K-1 Visa earlier may cause a significant shift in our timeline.

 

Is my plan fatally flawed like I think it is? If so, what path do you recommend that would give us the best chance at an April 2025 wedding? Are there any alternatives?

[Boiler 45,449]

She can marry as a visitor

 

You can then file the I 130 and visit whilst that is in process.

 

She will immigrate and become a Permanent Resident on arrival.

[Sirmoosebacon 0]

20 minutes ago, Boiler said:

She can marry as a visitor

 

You can then file the I 130 and visit whilst that is in process.

 

She will immigrate and become a Permanent Resident on arrival.

Thanks for the quick reply! So, are you saying that 1) we could first get legally married, 2) then file form I-130 and 3) that only I could visit her whilst it is in process?

[Boiler 45,449]

I assumed she would want to visit?

[Sirmoosebacon 0]

Yes, she wants to visit the U.S. to plan our wedding ceremony that we would like to have in April 2025 if we get legally married now. We both want to have a ceremony for friends and family.

Edited July 9 by Sirmoosebacon

[SteveInBostonI130 3,432]

No problem.  If they ask about the I-130 at the border, explain the situation as you did. There's always a chance CBP can deny her entrance, but that's the case for every visit, whether married or not.

[Sirmoosebacon 0]

Thanks Steve! I’m now clear that until the process is complete the CBP agent retains full discretion whether to grant or deny entrance. I assume it would help to  show a return flight booked, have specific wedding-related appointments scheduled, etc. Would that reduce the risk of denial?

[canadian_wife 1,822]

The most helpful would be ties to Canada.  What is compelling her to return to Canada?  A job that can only be performed in Canada?  Attending classes?  A mortgage?

good luck