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Love-always

CR-1 VISA I-130 filing

By Love-always in IR-1 / CR-1 Spouse Visa Process & Procedures

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Love-always Rookie

Love-always   1

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If we get married on a whim during the Holidays on his Tourist VISA Should we start the 1-130 papers in the US or wait until my spouse goes back home to his country ? I want to be safe :) 

my fiance wants to start the papers while he is with me but if it poses a red flag then maybe we should wait and Start the I-130 paperwork when he is back in his country ? 

 

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pushbrk Grand Master

pushbrk   12,092

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1 hour ago, Love-always said:

If we get married on a whim during the Holidays on his Tourist VISA Should we start the 1-130 papers in the US or wait until my spouse goes back home to his country ? I want to be safe :) 

my fiance wants to start the papers while he is with me but if it poses a red flag then maybe we should wait and Start the I-130 paperwork when he is back in his country ? 

 

Either way is OK, as long as he leaves on time.  However, I recommend indicating he is not currently IN the USA, and then filing the day after he leaves.  It's not really necessary but it avoids a common error on USCIS's part.  Sometimes when you indicate the beneficiary is IN the US when the petition is filed, they route the approved petition incorrectly when approved.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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