questions about IR-1/CR-1

[Flatbedlife 0]

i have a few questions about these petitions, first off let me start by saying there is a wealth of information on here, still combing through it at this moment.  i plan on marrying my girlfriend sometime later this year, is there any issue with her coming down , marrying , going back to her home country , then waiting to file the proper papers through the proper channels?

i'm a USC , she's canadian.  i cannot start a K1 because of the simple fact i am pending a divorce, final out date october 1.  What is the correct way of going by this? i don't want to do anything unknowningly and screw things up.  We've known each other for 10 years, and after about 4 months into my current situation, we decided to pick up where we left off many years ago. i want to do this the right way, so i can have her here in the states with me.

[geowrian 22,337]

That's perfectly fine for her to visit the US, marry, and then return home while waiting for the visa. She is permitted to visit during the waiting period as well (just not stay in the US, work, overstay, etc.).

 

The only potential risk is that she could be stopped and turned around at POE for having suspected immigrant intent to stay in the US. This is pretty rare for Canadians, but has happened before. She needs to bring ties to prove her intent to return home in case that happens.

[Flatbedlife 0]

what would constitute ties to return home for the us /canadian POE?  also is her stay time allotted at the 6 month periods with travel back to canada/back into the us on the normal passport guidelines? say if she wanted to stay for 2-3 months and go back , totally new to all of this, i don't know if she can stay 6 months and then go back for a week and come back for 6 months.  just trying to do this, legally, without problems.

[geowrian 22,337]

13 minutes ago, outdoormind said:

what would constitute ties to return home for the us /canadian POE?  also is her stay time allotted at the 6 month periods with travel back to canada/back into the us on the normal passport guidelines? say if she wanted to stay for 2-3 months and go back , totally new to all of this, i don't know if she can stay 6 months and then go back for a week and come back for 6 months.  just trying to do this, legally, without problems.

Things like owning property, a letter from an employer stating she is due back to work on x/x/xxxx, having close family to return home to, etc.

 

Canadian visitors coming via just a passport (no visa) can stay for up to 6 months. She should also be ready to show that she has the means to support herself in the US for the duration of her stay (i.e. she isn't relying on somebody in the US since that's a tie to stay in the US). For short visits, that's usually not an issue. For visits of multiple months, they may ask how she plans to support herself in the US. Visiting for 6 months and then visiting again is unlikely IMHO. Furthermore, she would probably run into other issues, such as not meeting the requirements for Canadian healthcare coverage, meeting the substantial presence test for IRS and/or ACA purposes, etc.

 

A general rule of thumb is to spend twice as long outside the US as within it to be on the safe side. It's not a hard rule, but just a general suggestion. At a bare minimum, spend at least as much time outside the US as inside it.

 

Edit: I believe the actual max duration is 182 days, which is roughly 6 months. But never plan to cut it right at the cutoff as things pop up that could make that impossible (i..e cancelled flights).

Edited April 14, 2017 by geowrian

[Flatbedlife 0]

yeah, that makes alot of sense. she just came to visit at the end of march, into april, for a few days.  im going out there at the end of may, and i will be going up there at least once a month at the ends of the month until my divorce is finalized . then we marry .  i was under the impression she could stay during the IR1-CR1 proceedings after a substantial time has passed upon us being married (3 months +) so i was told to seek out answers here

[geowrian 22,337]

2 minutes ago, outdoormind said:

yeah, that makes alot of sense. she just came to visit at the end of march, into april, for a few days.  im going out there at the end of may, and i will be going up there at least once a month at the ends of the month until my divorce is finalized . then we marry .  i was under the impression she could stay during the IR1-CR1 proceedings after a substantial time has passed upon us being married (3 months +) so i was told to seek out answers here

Okay. Nope, filing for an IR-1/CR-1 visa doesn't grant any immigration status...the existing travel rules apply just as before filing the I-130 or visa application. Marriage doesn't change any of that either.

Edited April 14, 2017 by geowrian

[Flatbedlife 0]

is there a time limit i should wait before filing the IR1/CR1 ?

 

[geowrian 22,337]

24 minutes ago, outdoormind said:

is there a time limit i should wait before filing the IR1/CR1 ?

 

Nope. You can file at any point once you are married have the necessary documentation ready. If you're newlywed then the evidence of a bona fide marriage may be light (which is normal), so send evidence of a bona fide relationship and then prepare additional evidence later or for the interview.