File I-130 immediately after marriage whilst still in US?

[dbo_uk 2]

I'm planning to be married to my fiancee (US citizen) when I visit over Christmas this year, and have the filed the I-130 petition soon afterwards. I will only be staying 2-3 weeks over Christmas, before returning to the UK. Can the I-130 petition be filed as soon as the marriage certificate comes through (even if I'm still in the US), or should it not be filed until I have left the US and returned to the UK?

 

We've been in a relationship for nearly 4 years now, with multiple visits to and from the UK and US each. We're opting for a CR1 visa rather than a K1 visa as the K1 visa leaves me unable to work temporarily, and my current employer has offered me a job in the US once I have my green card, but does not want me unable to work for 3-6 months. Are there any issues with being married immediately before applying for a CR1?

[Ben&Zian 4,399]

You can submit it immediately following the marriage with the appropriate paperwork and certified marriage ceritficate while i the US, no issues.

 

 

[millefleur 5,052]

It's completely fine. A lot of people apply immediately after being married.

[mlcmed 2]

2 minutes ago, Ben&Zian said:

You can submit it immediately following the marriage with the appropriate paperwork and certified marriage ceritficate while i the US, no issues.

 

 

Yes, and I recommend having all of the other paperwork together and ready to go when you arrive in the US so that all you're missing is the marriage certificate. You'll want to submit your paperwork ASAP. It takes f.o.r.e.v.e.r. to get an I-130 approved. Best of luck! 

[dbo_uk 2]

Thanks for the advice all, we're planning to have everything else ready to send off as soon as the marriage certificate comes through. My employer isn't planning on me starting in the US until early 2019, as I advised the visa application could take 9-12 months, though looking on the UK CR1 Timelines some people seem to be getting their visas in less than 4 months! I guess if that happens I'll just have to visit the US to get my green card and return to the UK whilst I finish work over here.

[millefleur 5,052]

4 minutes ago, dbohare said:

Thanks for the advice all, we're planning to have everything else ready to send off as soon as the marriage certificate comes through. My employer isn't planning on me starting in the US until early 2019, as I advised the visa application could take 9-12 months, though looking on the UK CR1 Timelines some people seem to be getting their visas in less than 4 months! I guess if that happens I'll just have to visit the US to get my green card and return to the UK whilst I finish work over here.

Those timelines might include DCF filers (people who file directly at the Embassy because they live in the UK with their spouse) and that process is much faster than the traditional mail-in method.

 

It takes about a year to get a CR-1 the mail-in (traditional) way, so what you were told is accurate. Also, not everyone updates their timelines properly here so the data is not always accurate.

[mallafri76 1,012]

2 hours ago, dbohare said:

Thanks for the advice all, we're planning to have everything else ready to send off as soon as the marriage certificate comes through. My employer isn't planning on me starting in the US until early 2019, as I advised the visa application could take 9-12 months, though looking on the UK CR1 Timelines some people seem to be getting their visas in less than 4 months! I guess if that happens I'll just have to visit the US to get my green card and return to the UK whilst I finish work over here.

Just don't keep the prepared paperwork on you when you enter the US. If CBP, for whatever reason, sees it, they may think you're coming to adjust and deny you entry.