Waiting to file application for CR-1 Visa

[Zeeg 0]

Hi everybody, Me (EU citizen) and my wife (US citizen) got married in the US in the beginning of November, when I was visiting her on the ESTA visa. Since then, I’ve returned back to Europe, and we are thinking about filing the application for the CR-1 visa.

 

I remember reading somewhere that it’s not recommended to apply straight away after the marriage and recommending waiting for at least 60 days after it, before sending the application. If I recall correctly, they were saying that USCIS adopted such policy from some other organization or procedure to filter out some suspiciously rushed marriages that were done just for the purpose of getting the visa, and took more time in processing them.

 

I was wondering if anyone heard anything about such thing, or its totally fine to send the paperwork now?

 

Thanks

[arken 4,197]

Your spouse can file i130 the day she gets the marriage certificate. Don't listen to rumors.

[JeanneAdil 6,561]

gather what u need and file

there is no USCIS rule about filing too early after marriage / if there was USCIS would say so

Facebook and twitter don't know immigration rules and are poor reference places 

don't confuse the earlier post that said she could not file for AOS now as it can take 60 days to get the Marriage license in Florida

Congratulations on your marriage

[Crazy Cat 41,981]

1 hour ago, Zeeg said:

Hi everybody, Me (EU citizen) and my wife (US citizen) got married in the US in the beginning of November, when I was visiting her on the ESTA visa. Since then, I’ve returned back to Europe, and we are thinking about filing the application for the CR-1 visa.

 

I remember reading somewhere that it’s not recommended to apply straight away after the marriage and recommending waiting for at least 60 days after it, before sending the application. If I recall correctly, they were saying that USCIS adopted such policy from some other organization or procedure to filter out some suspiciously rushed marriages that were done just for the purpose of getting the visa, and took more time in processing them.

 

I was wondering if anyone heard anything about such thing, or its totally fine to send the paperwork now?

 

Thanks

Nonsense.  The sooner she starts the process, the better.  

[millefleur 5,047]

1 hour ago, Zeeg said:

I remember reading somewhere that it’s not recommended to apply straight away after the marriage and recommending waiting for at least 60 days after it, before sending the application. If I recall correctly, they were saying that USCIS adopted such policy from some other organization or procedure to filter out some suspiciously rushed marriages that were done just for the purpose of getting the visa, and took more time in processing them

Never heard of that before, sounds just like some internet rumor. Each case is decided on its own merits and evidence, doesn't matter if you marry and file on the same day or you wait until months after.

[pushbrk 12,979]

1 hour ago, millefleur said:

Never heard of that before, sounds just like some internet rumor. Each case is decided on its own merits and evidence, doesn't matter if you marry and file on the same day or you wait until months after.

I've heard of the "sixty day rule" over and over again but it (if ever) can be a factor in adjustment of status cases, never spouse visa cases.  Context is King here.  

 

To the OP, you will be starting the visa process when your wife files a petition in your behalf.  You'll apply for a visa only AFTER that petition is approved, months later.  Carry on.  No need for delay.

[Zeeg 0]

Thank you everyone for your input. We really appreciate it.