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  1. #1
    Join Date
    Jun 2012
    Posts
    1

    Default How Soon Can I Enter the U.S. After Marriage

    I'm Canadian and I married my American boyfriend a week ago. I just stayed in USA for 5 months and I just got home yesterday. We are filling out the I-130 form to get me a greencard. How soon can I go back to the States? Should we finish the paperwork and wait or wait a couple of months and try to go back showing them my marriage certificate?

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: How Soon Can I Enter the U.s

    You need to wait to receive your green card. Your marriage certificate will not grant you entry.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How Soon Can I Enter the U.s

    T, would you please indulge me a moment?

    Things have changed since I gained residency via marriage; at the time, if you were here on (for example) the VWP (which at the time was only the pilot program!) and got married within your 90 days you were basically asking for big trouble. Recently I'm reading that things have reversed a great deal - if you marry outside of the 90 days you're facing trouble (which sounds so counter-intuitive to me but heck, this is immigration we're talking about).

    As a practical matter, did OP make a mistake in leaving?

    Thanks so much!

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How Soon Can I Enter the U.s

    The difficulty in the context above would be that, having declared an intent to immigrate, the person would be seeking entry as tourist with the associated expression of non-immigrant intent. If the plan is to enter and stay, the State Department outlines the preferred options here. If the plan is to enter and return to Canada in a timely manner, it would appear sensible to defer filing the I-130 until after the visit.

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