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adventuresoftheg

CR-1 Visa- Illegal?

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This is kind of confusing to me, but I'll explain our story and hopefully get thoughtful answers. I live in the U.S and my fiance lives in Canada. We did/do not want to do the fiance visa because I don't like having 90 days to get married once accepted. I wanted a big wedding and one that gives me time to plan, therefore we want to go with the CR-1. With that being said, I've recently gotten very worried. My fiance will be coming here in September to get married. After he leaves and returns home (visiting for probably about a month in total), we will begin the CR-1 process. Many people have said it's illegal for him to come and marry me and go back. I'm not exactly sure why, though. He isn't on a tourist visa. He is coming as a visitor. He has never had any issues coming here as a visitor. Am I missing something completely? We've already put so much money into this wedding and now people have me worried that it isn't going to work like we're planning.


January 13th, 2017: The First Day

May 8th, 2018: The "Yes" Day

September 15th, 2019: The Best Day

CR-1: TBD

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1 minute ago, adventuresoftheg said:

This is kind of confusing to me, but I'll explain our story and hopefully get thoughtful answers. I live in the U.S and my fiance lives in Canada. We did/do not want to do the fiance visa because I don't like having 90 days to get married once accepted. I wanted a big wedding and one that gives me time to plan, therefore we want to go with the CR-1. With that being said, I've recently gotten very worried. My fiance will be coming here in September to get married. After he leaves and returns home (visiting for probably about a month in total), we will begin the CR-1 process. Many people have said it's illegal for him to come and marry me and go back. I'm not exactly sure why, though. He isn't on a tourist visa. He is coming as a visitor. He has never had any issues coming here as a visitor. Am I missing something completely? We've already put so much money into this wedding and now people have me worried that it isn't going to work like we're planning.

 

It is perfectly fine to come to the US and get married and leave. You probably are hearing overly paranoid and cautious people telling you this. Think of how many tourists come to the US annually to marry in Vegas. 

 


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

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8 minutes ago, adventuresoftheg said:

This is kind of confusing to me, but I'll explain our story and hopefully get thoughtful answers. I live in the U.S and my fiance lives in Canada. We did/do not want to do the fiance visa because I don't like having 90 days to get married once accepted. I wanted a big wedding and one that gives me time to plan, therefore we want to go with the CR-1. With that being said, I've recently gotten very worried. My fiance will be coming here in September to get married. After he leaves and returns home (visiting for probably about a month in total), we will begin the CR-1 process. Many people have said it's illegal for him to come and marry me and go back. I'm not exactly sure why, though. He isn't on a tourist visa. He is coming as a visitor. He has never had any issues coming here as a visitor. Am I missing something completely? We've already put so much money into this wedding and now people have me worried that it isn't going to work like we're planning.

Stop listening to those many people 


YMMV

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13 minutes ago, adventuresoftheg said:

Many people have said it's illegal for him to come and marry me and go back.

These people should not be giving immigration advice because it is 100% incorrect.  Many people come to the US, marry, then leave prior to the expiration of their authorized visit.  It is not only legal, but recommended in many situations.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

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Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
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  • Case # and IIN#: 10/24/2016
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I am Canadian and did the exact same thing. We married in the US and I visit him every other weekend. No issues as long as they carry paperwork with them when crossing the border indicating strong ties to Canada. I always have a copy of my lease, bills, pay stubs and my paperwork I've received since applying for our CR1.

 

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Hi I came to the US to get married, went back to my country and CR1 was filed for me. 

 

Congratulations on your upcoming wedding :)


Spoiler

2011-10-31 US Entry with CR1
2013-09-02 ROC filed
2013-09-12 NOA
2013-03-05 Biometrics
2013-03-24 Approved
2013-05-05 Green card received
2016-08-02 N400 filed
2016-08-12 NOA
2016-12-08 Biometrics
2017-05-04 Interview
2017-07-05 Oath Ceremony

 

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Shouldn't be a problem, but seconding one of the pp's about making sure he brings documentation to show strong ties back in Canada just in case there's any issues at the border (though there likely won't be as they can clearly see he's got an established pattern of returning.)

 

Congrats on the upcoming wedding!  :)


Petitioner: USC | Applicant: B2 | (c)9 AOS (Marriage)

07/31/18: Filed I-130, I-130A

08/01/18: Delivered Potomac Processing Center

08/07/18: Text/Mail Notifications (for I-130)

08/14/18: Hard Copy NOA (for I-130)

08/24/18: Mailed I-485, I-765, I-864

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08/31/18: Filed

09/04/18: Text Notifications (for I-485, I-765, I-864)

09/06/18: Hard Copy NOA (for I-485, I-765, I-864)

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09/26/18: Biometrics appt completed

10/02/18: Ready for interview to be scheduled.

12/18/18: Form I-130 APPROVED!

...Waiting....

 

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4 hours ago, adventuresoftheg said:

This is kind of confusing to me, but I'll explain our story and hopefully get thoughtful answers. I live in the U.S and my fiance lives in Canada. We did/do not want to do the fiance visa because I don't like having 90 days to get married once accepted. I wanted a big wedding and one that gives me time to plan, therefore we want to go with the CR-1. With that being said, I've recently gotten very worried. My fiance will be coming here in September to get married. After he leaves and returns home (visiting for probably about a month in total), we will begin the CR-1 process. Many people have said it's illegal for him to come and marry me and go back. I'm not exactly sure why, though. He isn't on a tourist visa. He is coming as a visitor. He has never had any issues coming here as a visitor. Am I missing something completely? We've already put so much money into this wedding and now people have me worried that it isn't going to work like we're planning.

It is not illegal to do what you are doing.  It’s technically (well it is actually) illegal to enter as a tourist with a plan to get married and not return.  Enjoy your wedding!

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3 hours ago, Nitas_man said:

It is not illegal to do what you are doing.  It’s technically (well it is actually) illegal to enter as a tourist with a plan to get married and not return.  Enjoy your wedding!

Yes, the triple combination if intent, marriage, AND staying to adjust status is immigration fraud.  Any two of the above is fine, but not all three.  Without prior intent, for example, it IS legal to marry and stay.  intent, and marriage, is only two of the three.l


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Understanding the big picture is priceless. Anonymous

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I'm F2A but this is still relevant. I traveled to the US to visit my boyfriend, he proposed, next day we figured we may as well get it over and done with while I was still there for that week (since both our families live in totally different parts of the world and we figured we could do the "ceremony" at a later date if we wished), so three days after he proposed - we got married at the New York City clerks office. And I flew back to my Country two days later. 

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I just recommend having a copy of a return flight and strong ties to Canada, but otherwise completely legal.  Plenty of couples get married without immediate intent to immigrate.  

 

One suggestion is to start prepping your I-130 packet before your wedding.  Given how long it's taking to get approved these days, no reason not to be ready to file as soon as you have your marriage certificate in hand.


I-130

May 14, 2016: Sent I-130 Package to Chicago Lockbox

May 18, 2016: Chicago Lockbox received package.

May 20, 2016: NOA1 Notice Date with priority date of May 18. Sent to Nebraska Service Center

May 23, 2016: NOA1 E-mail

Oct 21, 2016: NOA2 Notice by App

Nov 2, 2016: USCIS sent to NVC

 

NVC

Nov 8, 2016: NVC Received

Nov 16, 2016: Case Number Assigned

Nov 18, 2016: DS-261 submitted and AOS fee paid

Nov 23, 2016: IV Fee Invoiced and paid

Nov 30, 2016: IV and AOS Packages Sent (EP)

Dec 4, 2016: DS-260 Submitted

Dec 5, 2016: NVC Scan Date

Dec 6, 2016: NVC 3 N/A and Case Complete on Phone [1 day later!]

Dec 13, 2016: NVC CC e-mail

Dec 15, 2016: Found out interview date by phone

Jan 23, 2017: Interview...Approved!

 

Jan 30, 2017: POE Toronto Pearson Airport

 

Removing Conditions

Nov 2, 2018: Sent I-751 to Arizona Lockbox

Nov 7, 2018: Apparent receipt date (SMS notification on 11/9)

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