05-06-2004, 12:14 PM
My fiance is living in the U.S. and I was living in Canada until I finished up university. I am now done and I want to move down to the U.S. and get married. Do I need a special visa to do this, or can we get married in the U.S. and then fill out the I-130 and other paperwork? We did not realize that there might be a problem of me moving down and us getting married. Any help would be appreciated, thank you.
If you enter the US with the intent of getting married and stay, you'd need a K visa (fiancee visa.)
If you enter as visitor, and immediately marry, you may get into problems, because you can't have the intent to stay when you enter as visitor. Usually, people wait for 3 months or so before marrying.
In either case, once you are married, your then husband can file an I-130 and you need to file an I-485 simultaneously. Only the I-485 ensures that you are legal.