Advice Needed - US/Canadian Couple (merged)

[NorthFlatworm495 1]

So I’m a 27 Male United States Citizen (Born and Raised) and my 26 Female girlfriend of 5 months is a Canadian P.R holder (as of April 2023) but originally born and raised in India. She came to Canada in 2016 for her studies and now is working for the government of Ontario. We met on a dating website for Desi’s (Heavily South Asian population) and we fell in love and decided to get married. We text and call constantly so no funny business going on here as we come from the same mother tongue, religion, and some of her family actually knows some of my family back in India.
 

I guess the cross-roads here is where and how do I start? She has a B1/B2 visa for the United States (given in March of 2023). I visited her in Canada in April, took many photos and kept all my receipts. She came and visited in May to meet my family, again more photos and receipts. Then I came and visited her again in June, more photos and receipts. Now it’s July and we figured she could come to the United States, we get married and then I file her documentation (I-130 I believe?) with USCIS but I feel like that won’t work because of this 90-Day rule? I had a previous thread where some users were suggesting we get married ASAP in a courthouse as it’s allowed on a B1/B2 visa but I’m reading all over the internet about it may violate the 90-day rule?
 

We want to do everything right but I’m just so confused. Me and my whole family are visiting her family in Canada in September of this year so maybe we could get married in Canada, obtain a marriage certificate and then apply for the CR1 visa? I’m really just bummed out about the whole 90-day rule because we don’t wanna be in violation and then everything just gets worse. The original plan was to get engaged in September of 2023 and then married in India in January of 2024 which is feasible but we figured we could start this process early. We don’t have any bank accounts or anything together because we live separate so the only evidence we have is our time spent together when I flew to her (travel itinerary, photos, receipts of places we visited, hotel) but I don’t know if that matters in my case. Just need some guidance here because I am at such a cross-roads. Thanks in advance and if there’s anything I need to clarify, please let me know!

Edited July 7, 2023 by NorthFlatworm495

[milimelo 4,243]

No such rule. Get married and file I-130. Wife can visit on the existing tourist visa (with of course proof for border personnel showing apartment rental/mortgage, work pay stubs). 

[NorthFlatworm495 1]

Also, I see a lot of mention of these Utah Online Marriages? Anyone have insight on that? Could me and my girlfriend essentially do that and avoid this 90-day rule thing? Again, I wanna do everything correct.

[Crazy Cat 39,591]

4 hours ago, NorthFlatworm495 said:

Also, I see a lot of mention of these Utah Online Marriages? Anyone have insight on that? Could me and my girlfriend essentially do that and avoid this 90-day rule thing? Again, I wanna do everything correct.

There is no 90 rule!!

[Crazy Cat 39,591]

4 hours ago, NorthFlatworm495 said:

Also, I see a lot of mention of these Utah Online Marriages? Anyone have insight on that? Could me and my girlfriend essentially do that and avoid this 90-day rule thing? Again, I wanna do everything correct.

There is no problem if you marry while she is visiting the US as long as she leaves at the end of the visit.  She cannot enter the US as a visitor with the intent to stay and adjust status. There is no 90 day rule. 

Another option is:

1.  Marry via the Utah online marriage process.

2.  Meet

3.  Get marriage certificate.

4.  Start the CR-1 process

[Boiler 43,693]

Why not marry in Canada and file? Seems your family would want to be present.

 

There is no 90 day rule.

[SalishSea 16,853]

7 hours ago, NorthFlatworm495 said:

Also, I see a lot of mention of these Utah Online Marriages? Anyone have insight on that? Could me and my girlfriend essentially do that and avoid this 90-day rule thing? Again, I wanna do everything correct.

If you’re referring to her crossing the border to marry and adjust status and stay, that is immigration fraud.   If she’s in Canada, you’ll need to petition her for an immigrant visa.

[Ontarkie 13,955]

~~Related threads merged. PLease only start one thread for the same or related topic.~~

[Bethany123 56]

You could have a civil marriage done to start the process sooner, then have your regular wedding on the planned date. That's what we did. We just had a judge sign our license and then we had our church wedding a few months later like we'd planned.