Canadian moving to America

[tessatoxx 0]

I have a question......Im Canadian and my fiance is American. What if I went to go visit him and we go married while I was there? Could I live with him there, while we do all the paperwork and wait for it to go through?

[Inky 1,110]

It is illegal to visit and get married, read the guides. All the information is there.

[minnew 4]

It's all about your intention at your entry to the U.S.A, if you do decide while (not before the visit) you are visiting him to get married it is up to you to PROVE that you had no intentions of staying upon your last entry. Getting married in the U.S.A. is not illegal, many people get married and then apply for a spousal visa such as K-3 or CR-1. Getting married with the intention to stay while visiting and adjust status from that of a visitor is fraud.

Edited August 13, 2009 by minnew

[tessatoxx 0]

It's all about your intention at your entry to the U.S.A, if you do decide while (not before the visit) you are visiting him to get married it is up to you to PROVE that you had no intentions of staying upon your last entry. Getting married in the U.S.A. is not illegal, many people get married and then apply for a spousal visa such as K-3 or CR-1. Getting married with the intention to stay while visiting and adjust status from that of a visitor is fraud.

So what your saying is I cant marry my fiance while I visit him if we decided thats what we wanted to do. In Canada you can marry and apply from within Canada while your spouse lives with you. Is this different in the US?

[minnew 4]

It's all about your intention at your entry to the U.S.A, if you do decide while (not before the visit) you are visiting him to get married it is up to you to PROVE that you had no intentions of staying upon your last entry. Getting married in the U.S.A. is not illegal, many people get married and then apply for a spousal visa such as K-3 or CR-1. Getting married with the intention to stay while visiting and adjust status from that of a visitor is fraud.

So what your saying is I cant marry my fiance while I visit him if we decided thats what we wanted to do. In Canada you can marry and apply from within Canada while your spouse lives with you. Is this different in the US?

I don't know about the Canadian immigration procedures so I will not comment on that.

No I am not saying you can't marry your fiance. It is what you decide to do afterwards immigration wise that is the problem.

It's all about what your intentions are. Unfortunately the immigration process for most people involves separation from their fiance or husband. Some people do legitimately get married while on visitors status. But that is because there plans have changed WHILE they in the U.S.A. Most of those people had or have loose ends in their home country to tie up, and unfortunately can be very costly to not be able to travel back to their home country without an Advance Parole document, (which usually takes 3 months) because they would be denied entry upon returning without it while their application for AOS is pending. The burden of proof will be laid on you to prove that you did not have intentions to immigrate at your last entry, at your AOS interview.

If you decide 2 weeks before you are planning to visit your fiance that when you visit him or her that you are going to get married AND move and stay in the U.S.A on that visit, then that is visa fraud.

[moni_calla 0]

It's all about your intention at your entry to the U.S.A, if you do decide while (not before the visit) you are visiting him to get married it is up to you to PROVE that you had no intentions of staying upon your last entry. Getting married in the U.S.A. is not illegal, many people get married and then apply for a spousal visa such as K-3 or CR-1. Getting married with the intention to stay while visiting and adjust status from that of a visitor is fraud.

So what your saying is I cant marry my fiance while I visit him if we decided thats what we wanted to do. In Canada you can marry and apply from within Canada while your spouse lives with you. Is this different in the US?

In Canada you can apply as common law so you wouldnt need to get married at all and you can do all the pprwork here, but the US has the fiance or marriage VISA and their are lots of requirements that have to be met.

It's all about your intention at your entry to the U.S.A, if you do decide while (not before the visit) you are visiting him to get married it is up to you to PROVE that you had no intentions of staying upon your last entry. Getting married in the U.S.A. is not illegal, many people get married and then apply for a spousal visa such as K-3 or CR-1. Getting married with the intention to stay while visiting and adjust status from that of a visitor is fraud.

So what your saying is I cant marry my fiance while I visit him if we decided thats what we wanted to do. In Canada you can marry and apply from within Canada while your spouse lives with you. Is this different in the US?

I don't know about the Canadian immigration procedures so I will not comment on that.

No I am not saying you can't marry your fiance. It is what you decide to do afterwards immigration wise that is the problem.

It's all about what your intentions are. Unfortunately the immigration process for most people involves separation from their fiance or husband. Some people do legitimately get married while on visitors status. But that is because there plans have changed WHILE they in the U.S.A. Most of those people had or have loose ends in their home country to tie up, and unfortunately can be very costly to not be able to travel back to their home country without an Advance Parole document, (which usually takes 3 months) because they would be denied entry upon returning without it while their application for AOS is pending. The burden of proof will be laid on you to prove that you did not have intentions to immigrate at your last entry, at your AOS interview.

If you decide 2 weeks before you are planning to visit your fiance that when you visit him or her that you are going to get married AND move and stay in the U.S.A on that visit, then that is visa fraud.

Great summary

[Kathryn41 3,205]

Yes it is different in the US. In Canada you can enter Canada as a visitor with the intention of getting married and apply for permanent residence status without leaving Canada. In the US, it is considered visa fraud to enter as a visitor with the intention of getting married and apply to become a permanent resident without leaving the US.

One thing that many Canadians have to do a mental 'adjustment' about is realizing that the US is indeed a totally different country - a foreign country - with laws that differ and apply to them when they cross into the United States. we are such close neighbours and it is so easy to travel back and forth that we tend to overlook that. Canadians are not exempt from following the required immigration paperwork and processes just like anyone else from anywhere else in the world. They make no exceptions or exemptions.

So, basically, you have 2 options, both of them initiated by your US partner. He can submit a petition to request permission for his fiancee to enter the US to get married and adjust status. Once that is approved, the paperwork shifts to the US Consulate in Canada and you are invited to apply for a fiancee visa by returning a lot of paperwork and applications, providing police checks, having an immigration medical and proving your fiancee has the necessary income to support you and then attend an interview. If it is approved you then enter the US, get married within 90 days and file more paperwork to get your green card. Or - you can get married either in the US or in Canada and your US partner submits a petition to request permission for his wife to become a permanent resident and join him in the US. Once he gets that permission, the file is again sent to the US Consulate in Canada and you are again sent a lot of paperwork, you apply for a CR-1 (spousal) visa, complete the security checks and the medical, provide proof of income and attend an interview. If that is successful you can enter the US and get your green card at that time.

Basically, you need permission from US immigration to live in the US with your husband. There are no shortcuts. Failure to get that permission or committing visa fraud will lead to bans - sometimes for life - from ever being allowed to live in the US.

Edited August 13, 2009 by Kathryn41