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Salnik

Getting Married in US on Tourist Visa and coming back to Canada

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Filed: Country: Canada
Timeline

Hi,

I am a Permanent resident in Canada and would like to get married to a US citizen. My fiancé lives in New York. I have a tourist visa. I work in Montreal and have no intention of staying in US. I would go on a weekend , get married and return back on Monday. Should I enter US on a tourist visa and get married and then return back to Canada.

Once I return back to Canada, we will apply for consular processing.

Please advice if I should go on a tourist visa to the US and get married and come back and process my consular processing.

I understand the legal requirements. We can get married in Canada. the only drawback is that it take 3 months to register the marriage and get the certificate. In US it take 2 weeks to ge the marriage certificate. Should we get married in Canada instead ?My only concern is , that I will be going to New York for only 3 or 4 days on a tourist visa. I would get married and return back to Canada. We would file our consular processing from Canada. I will be entering US only for 4 to 5 days and getting married on a tourist visa and coming back.

Will this cause problems in our application..

Any help will be greatly appreciated.

Service Center : California Service Center

Consulate : Montreal, Canada

Marriage : 2009-04-13

I-130 Sent : 2009-05-05

I-130 NOA1 : 2009-05-11

I-130 Approved : 2009-09-14

NVC Received : 2009-09-29

Received DS-3032 / I-864 Bill : 2009-09-29

Pay I-864 Bill 2009-09-30

Receive I-864 Package : 2009-10-06

Return Completed I-864 : 2009-10-06

Return Completed DS-3032 : 2009-11-24

Receive IV Bill : 2009-10-15

Pay IV Bill : 2009-10-24

Login Failed: 2009-22-12

Case Completed at NVC : 2009-12-23

Interview: APRIL 9th 2010

Interview Letter : March 2nd 2010

Medical : March 22nd 2010

Interview Result: Approved ... Yohooooo

Visa Received : 2010-04-14

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Filed: IR-1/CR-1 Visa Country: India
Timeline
Hi,

I am a Permanent resident in Canada and would like to get married to a US citizen. My fiancé lives in New York. I have a tourist visa. I work in Montreal and have no intention of staying in US. I would go on a weekend , get married and return back on Monday. Should I enter US on a tourist visa and get married and then return back to Canada.

Once I return back to Canada, we will apply for consular processing.

Please advice if I should go on a tourist visa to the US and get married and come back and process my consular processing.

I understand the legal requirements. We can get married in Canada. the only drawback is that it take 3 months to register the marriage and get the certificate. In US it take 2 weeks to ge the marriage certificate. Should we get married in Canada instead ?My only concern is , that I will be going to New York for only 3 or 4 days on a tourist visa. I would get married and return back to Canada. We would file our consular processing from Canada. I will be entering US only for 4 to 5 days and getting married on a tourist visa and coming back.

Will this cause problems in our application..

Any help will be greatly appreciated.

yes, this can cause an issue. it would have been different if you were here in the US for a few months and then got married...by you coming in for 4-5 days, getting married and then returning to canada clearly raises the flag that you were in the US intentionally to get married. this can be easily be classified as visa fraud as you entered with the intent of getting married to a USC on a tourist visa that was meant only for tourism purposes. you will create problems for yourself. in my opinion, dont do it...take the extra time to get married in canada and do it the right way.

better yet, why dont you apply for a fiance visa??

Edited by cmnb

USCIS (Vermont Service Center) Journey

Mailed I-130 Packet on 05/27/08

Approved: 12/23/08

NVC Journey

NVC Case Number assigned 01/02/09

Case Completed 01/21/09

End of Visa Journey

New Delhi Embassy Interview 03/17/09

VISA APPROVED!!!!!

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by you coming in for 4-5 days, getting married and then returning to canada clearly raises the flag that you were in the US intentionally to get married.

Does this mean tourists who visit the States to get married in Hawaii, Vegas, etc are committing visa fraud?

I don't see anything wrong with the OPs plan to enter the US, marry then return to Canada to file his/her I-130.

Edited by kaffy

DCF Timeline here

POE Timeline

08/24/2008 POE Seattle

08/29/2008 SSN assigned

09/08/2008 SSN (Card) received

09/29/2008 Green Card received

I-90 Timeline (USCIS error)

11/10/2008 Send I-90 to Texas service center

12/xx/2008 NOA1

01/07/2009 Card production ordered

01/14/2009 Card mailed

01/xx/2009 Card received

I-751 Timeline

06/02/2010 Send I-751 to California service center

06/04/2010 Received at CSC

06/07/2010 NOA1

06/09/2010 Check cashed

07/27/2010 Biometrics

07/28/2010 Touch

09/02/2010 Approved

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Filed: Timeline

You can absolutely do this and, no, it will not cause any problems. If you head on over to the Canada Forum and take a look around you will find many many people going through/have gone through this process.

CMNB, the illegality is in the intent to stay and immigrate to avoid the immigration process. Saloni is not doing that. She is marrying and then returning to Canada to follow through with the visa.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
You can absolutely do this and, no, it will not cause any problems. If you head on over to the Canada Forum and take a look around you will find many many people going through/have gone through this process.

CMNB, the illegality is in the intent to stay and immigrate to avoid the immigration process. Saloni is not doing that. She is marrying and then returning to Canada to follow through with the visa.

Totally agree.

03/01/07 Mailed I-130 priority post to Nebraska.

06/19/07 Approved!!!

07/10/07 NVC assigned case #.

10/25/07 NVC Case Complete!!!!

01/22/08 Original Monreal interview- requested to reschedule, told 3-4 month wait.

04/17/08 Interview in Montreal

04/21/08 Received VISA package

06/24/08 Crossed border

07/26/08 Received conditional greencard

07/28/08 Received SSN in mail (went down and applied in person 07/14/08)

08/11/08 Infopass appointment to request 10yr greencard instead of conditional. Mailed out 1-90 with support.

09/25/08 Received case # for I-90

02/17/09 Received 10yr greencard!!! WOOHOO

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Filed: IR-1/CR-1 Visa Country: India
Timeline
You can absolutely do this and, no, it will not cause any problems. If you head on over to the Canada Forum and take a look around you will find many many people going through/have gone through this process.

CMNB, the illegality is in the intent to stay and immigrate to avoid the immigration process. Saloni is not doing that. She is marrying and then returning to Canada to follow through with the visa.

Totally agree.

but what if saloni is asked at POE about her intent to enter?

i think the best option for saloni is a fiance visa..

Edited by cmnb

USCIS (Vermont Service Center) Journey

Mailed I-130 Packet on 05/27/08

Approved: 12/23/08

NVC Journey

NVC Case Number assigned 01/02/09

Case Completed 01/21/09

End of Visa Journey

New Delhi Embassy Interview 03/17/09

VISA APPROVED!!!!!

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You can absolutely do this and, no, it will not cause any problems. If you head on over to the Canada Forum and take a look around you will find many many people going through/have gone through this process.

CMNB, the illegality is in the intent to stay and immigrate to avoid the immigration process. Saloni is not doing that. She is marrying and then returning to Canada to follow through with the visa.

Totally agree.

Me too! And if we're wrong, I'm screwed, because my wedding is next Friday in Dallas, and I'm still in Canada. Heh.

To the OP - I think the only thing you'll really have to worry about is checking the info in this link here to make sure you meet the requirements for getting the marriage license (if you haven't already), and make sure that when you cross the border you are able to prove to the officer that you will be returning to Canada, just in case you are asked.

02/13/09 -

:)

02/19/09 - I-130 mailed out

02/27/09 - NOA1

03/19/09 - NOA2

05/07/09 - NVC CASE COMPLETE!

06/23/09 - Received interview appointment letter via email! Yay!

08/19/09 -Interview! SUCCESS!! (Wanna read a ridiculously long interview review? Click the link!)

08/21/09 - Visa received!

09/11/09 - POE (Alexandria Bay, NY)

09/28/09 - Received Permanent Resident card

06/28/11 - Sent 1-751 to VSC

07/29/11 - Biometrics appointment (OKC)

01/20/12 - I-751 approved!

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You can totally get married in the usa on a tourist visa as long as you return and don't overstay your visa.

After that you can apply for K-3.

ROC - approved 08/2011

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