Entering US then getting married without visa

[carslo 0]

I can only say, we were not willing to risk a ban of any amount of time. See our time line below for clarification. I am returning to Vancouver on January 3rd after a 176 day visit to the states, during that time we were married.

Good luck no matter what raod you chose.

Janet

[♥Stiggy♥ 0]

Like the others have stated, you can, but what you would be doing is illegal and can be VERY hard to prove you had no intent to marry when you crossed.

I too, called a lawyer, and he told me the exact same thing as yours did. But that lawyer did not say how at the interview, they will grill you to prove you intended to go back to Canada (ie: mortgage you are paying, or lease documents, a letter that your employer wrote before you went to the states stating you are coming back to work after your vacation, any assets you have in Canada, etc). You need to prove your ties in Canada are a heck stronger then your ties in the U.S.

Trust me, I was tempted to do what the lawyer suggested for a few days. But after thinking about it for a few days, thinking about the risk - I do not want to put myself in the position that I may be banned from coming in the USA for a LONG time if I can't provide enough evidence to satisfy the interviewer. Thats a huge risk. I dont want to be apart from (at that time husband).

Its a risk you will have to choose. No one can gaurantee you if your going to get deported and banned - only the interviewer if you do not provide enough info that they request right off the bat.

[visacan 0]

First off thanks everyone for your feedback.

Here is a second scenario.

If i had an employer in the US sponsor me for an H1 visa which I know come out in October, can I stay in the US as a visitor while the visa is being processed?

[mufc10 0]

I actually asked the USCIS office in St. Louis if this was possible and the guy I talked to got mad and started questioning if I intended to commit immigration fraud... So in short, apply for the K-1 asap!

[visacan 0]

How long does it take for the K-1?

And can I be in the US while my finacee applies?

[♥Stiggy♥ 0]

4-6 months. Depends if you are filing thru vermont or california.

And yes, you can be in the states while she applies, as long as you do not overstay your visitor status

[Wis-Can 0]

It does depend on which office your going through, 6+ months would be more accurate. We just got our NOA 2 at almost 4 months. We realize and are very thankful for our NOA2 coming so soon. Many who applied before us are still waiting. Now we still have to wait for our packets 3 then 4 then the interview in Montreal. We are thinking about 7 month point I hopefully will have my visa in order to cross into the US. You are better off to go the legal way and not try to "get around" the issues. Its not worth risking being banned from the US. Good luck which ever route you decide to go.

[pushbrk 12,824]

How long does it take for the K-1?

And can I be in the US while my finacee applies?

The US Citizens applies for nothing. They petition. You may visit as you do now, but there's no gaurantee you'll be allowed in. This is THE most frequently asked question. Please study the guides and FAQs.

[payxibka 10,045]

How long does it take for the K-1?

And can I be in the US while my finacee applies?

The US Citizens applies for nothing. They petition. You may visit as you do now, but there's no gaurantee guarantee you'll be allowed in. This is THE most frequently asked question. Please study the guides and FAQs.

The USC fiance(e) applies for nothing, but does begin the process with an I-129F petition....

[Reba 2]

visacan, I wouldn't rely on an H visa in the slightest. They're very limited in quota and from all accounts, rarely go to Canadians. And no, as they take longer than 6 months to process (can't even apply for next year until April 1 by then you'd be out of status already), and any job wouldn't start until next October, so you couldn't stay in the US that whole time to wait. Besides, how would you support yourself for nearly a year without a job?

Best bet is to go back to Canada and wait out the K1 fiance visa process. Or get married now in the US, go back to Canada and wait out the CR1 process.

[pushbrk 12,824]

First off thanks everyone for your feedback.

Here is a second scenario.

If i had an employer in the US sponsor me for an H1 visa which I know come out in October, can I stay in the US as a visitor while the visa is being processed?

When you legally enter the US, there's both a purpose and a time limit. Stay within them both and you're fine. Us immigration privileges fraudulently at your own risk. Always make true statements about your intent upon use entry. The intention to immigrate without the proper visa, is fraud and carries a penalty of up to a lifetime ban from the USA. If your intentions change after you enter, there's some leeway.

[payxibka 10,045]

First off thanks everyone for your feedback.

Here is a second scenario.

If i had an employer in the US sponsor me for an H1 visa which I know come out in October, can I stay in the US as a visitor while the visa is being processed?

When you legally enter the US, there's both a purpose and a time limit. Stay within them both and you're fine. Us immigration privileges fraudulently at your own risk. Always make true statements about your intent upon use entry. The intention to immigrate without the proper visa, is fraud and carries a penalty of up to a lifetime ban from the USA. If your intentions change after you enter, there's some leeway.

While an H-1 visa is not necessarily simple to get due to timing and quota limitations (unless you have a skill that qualifies for the unlimited category), it is a visa that has DUAL INTENT... So the intent to immigrate upon entry on a H-1 is not an issue.... but the logistics of this visa may make it not a very viable solution

[pushbrk 12,824]

First off thanks everyone for your feedback.

Here is a second scenario.

If i had an employer in the US sponsor me for an H1 visa which I know come out in October, can I stay in the US as a visitor while the visa is being processed?

When you legally enter the US, there's both a purpose and a time limit. Stay within them both and you're fine. Us immigration privileges fraudulently at your own risk. Always make true statements about your intent upon use entry. The intention to immigrate without the proper visa, is fraud and carries a penalty of up to a lifetime ban from the USA. If your intentions change after you enter, there's some leeway.

While an H-1 visa is not necessarily simple to get due to timing and quota limitations (unless you have a skill that qualifies for the unlimited category), it is a visa that has DUAL INTENT... So the intent to immigrate upon entry on a H-1 is not an issue.... but the logistics of this visa may make it not a very viable solution

If I'm reading this accurately, you are outside the USA with intent to immigrate. If so, follow the appropriate visa process. If you're here and your decision to marry occured after your arrival AND you can remain here for several months, by all means adjust status. The H1B visa may be a viable option but even if you try that route, I'd have something going concurrently to avoid losing time.