I'll ask my fellow Canucks!

[Abby62 23]

http://www.visajourney.com/forums/index.ph...227292&st=0

I had this question over at the K-1 forum and then the question arose as to whether I should get married in the U.S. while "just visiting", which doesn't make sense when you think of it. You still need to apply for a marriage license in the u.s. and there's a wait period I would think..hense the whole "intention of getting married" while visiting. I don't want to have to deal with that whole situation down the road.

Soooo, my question is this. Would it be easier for him (U.S. citizen) to just come over to Canada, we apply for a marriage license here in Canada, get married in Canada. He goes back home, I wait here and work/live while we wait for the whole CR-1 visa to be approved.

Hopefully they will continue to let me cross the border back and forth as long as I show all of my strong ties to Canada, which I full intend to do.

Once I am approved to live/work in the U.S.A, then I will cross the border and live happily ever after..LOL.

[bowflex 0]

Hi there

My wife and I went with the CR-1 visa, she lived in Ontario and I lived in Michigan. We got married in Windsor and then while the visa was processing I visited her every single weekend, every holiday, and occassionally during the week when my work schedule allowed. I never once had any problem getting over the border, just got called in sometimes for 30 minutes or so to answer a few questions.

As you already have the intention of marrying you shouldn't go for a visit and then get married in the States as this is against the law. Filing for AOS after you've come over the border after getting married on a whim is fine as long as you didn't have the intention of getting married when you crossed. This could bring up a lot of problems later when your interview comes up so I'd highly recommend doing it the correct way.

If you want to visit your husband in the States, you just have to bring plenty of ties to Canada and you shouldn't have a problem crossing. I must also point out that the CR-1 is by far the better visa to go with as you can work immediately after crossing and don't have to deal with the whole AOS process that can be lengthy and very pricey. Good luck!!

[Hugglebuggles 60]

Absolutely, I think getting married in Canada would be the safest and easiest way for you to proceed. Although there is nothing technically wrong with you crossing the border into the US as a visitor, marrying your fiance, and then going back home, it may cause you some problems. If you proclaim you are crossing to get married at the border you may get extra questioning and be forced to prove your intent, which includes showing ties to Canada proving you will return and file for the CR-1 and not adjust status in the US. Even then, it is always up to the discretion of the border official weather or not to let you in.

If you have the time, read the personal experience of raphael7546. Under "signature and story" she talks about her experience attempting to cross and marry her fiance. Even though she had every intention of returning home, she was denied entry, missed her wedding, and was treated like a criminal. Of course that is not necessary the same treatment you will receive, but it highlights the dangers with planning to cross and marry, regardless of intent.

[bowflex 0]

Absolutely, I think getting married in Canada would be the safest and easiest way for you to proceed. Although there is nothing technically wrong with you crossing the border into the US as a visitor, marrying your fiance, and then going back home, it may cause you some problems. If you proclaim you are crossing to get married at the border you may get extra questioning and be forced to prove your intent, which includes showing ties to Canada proving you will return and file for the CR-1 and not adjust status in the US. Even then, it is always up to the discretion of the border official weather or not to let you in.

If you have the time, read the personal experience of raphael7546. Under "signature and story" she talks about her experience attempting to cross and marry her fiance. Even though she had every intention of returning home, she was denied entry, missed her wedding, and was treated like a criminal. Of course that is not necessary the same treatment you will receive, but it highlights the dangers with planning to cross and marry, regardless of intent.

My explanation was stated as if you weren't going to go back to Canada and just get married and stay in the States, I apologize for the confusion I caused

I'd definitely recommend getting married in Canada as there wouldn't be as much needed as far as evidence goes in such. You could very well spend a few hours in American Immigration/Customs trying to explain that you're going to go back, wouldn't be worth the hassle in my opinion. Good luck!

[Hugglebuggles 60]

You could be right Bowflex- I just assumed she meant she wanted to apply for the CR-1 in either case and wanted to know the easiest way to proceed (marrying in the US or Canada)

[Wyatt's Torch 45]

Well, I entered the U.S. in June, intending to get married in July. And we did!

It's not illegal in the least. The border guards only care that you're coming back to Canada after you do so. It's prudent to bring proof of ties to Canada, even though I didn't even do THAT at the time.

There's nothing on any subsequent visa documents that state, "did you come into the U.S. intending to get married?" or anything of that sort. They really don't care. Honestly. They just don't want you living there illegally.

There are surely occasional cases where the border guard misinterpreted the fiance's intentions, but so long as you are prepared to prove ties to Canada, you'll be fine 95% of the time.

Edited to add: and if you're going to get married in Canada, wouldn't logic dictate that your foreign fiance would need similar proof of ties to the U.S.?

Edited November 6, 2009 by Wyatt's Torch

[JoeCanuk 3]

Well, I entered the U.S. in June, intending to get married in July. And we did!

It's not illegal in the least. The border guards only care that you're coming back to Canada after you do so. It's prudent to bring proof of ties to Canada, even though I didn't even do THAT at the time.

There's nothing on any subsequent visa documents that state, "did you come into the U.S. intending to get married?" or anything of that sort. They really don't care. Honestly. They just don't want you living there illegally.

There are surely occasional cases where the border guard misinterpreted the fiance's intentions, but so long as you are prepared to prove ties to Canada, you'll be fine 95% of the time.

Edited to add: and if you're going to get married in Canada, wouldn't logic dictate that your foreign fiance would need similar proof of ties to the U.S.?

Congratulations to you two.

It's my understanding that the Canadian immigration process is a lot easier. Is the American going to immigrate to Canada?

[redmen99 1]

First, let me start by saying that my husband is the Canadian I am the US Citizen. We got married in the states (because my family wouldn't travel and I really wanted my dad to walk me down the isle and most of his family is coming to our second wedding in two weeks) and had no issues at all. He didn't exactly lie to the border guard, but he didn't exactly tell the truth either as far as I know. He just told them that he was coming to visit his fiance, they never asked if he was intending to get married, and he never offered. In PA, there is only a 3 day waiting period from when you get your marriage license to when you can use it. So we got our license on a Monday and got married that Saturday. We both went up to Canada the following week to visit his mom in Saint John New Brunswick for a few days before I flew home from Nova Scotia. Since then when we cross we are honest and say we are visiting our spouse for however long and have never had an issue yet. (Please no issues when he comes down next week since we are flying out of Newark to the Dominican, please please please!!!)

I wonder, because they sometimes check the car when you come into the states if you have a wedding dress with you if that may cause an issue unless you told them the real story and had proof of ties to Canada and that you will return. That would be my biggest concern.

Good luck!

[Hugglebuggles 60]

Well you may have similar problems with crossing into Canada, absolutely. The Canadian border is often thought of as being easier and less evasive when questioning people who cross. Canada also allows inbound immigration, which I think makes them a little less suspicious of individuals intent when crossing.

Tri_gear- There is nothing "wrong" or "illegal" with either option as long as you intend on returning to Canada and filling the proper immigrant visa. Do what you think is best for you and your fiance, and be prepared for extra questioning at the border.

and some states do not have a waiting period for a marriage license, it would be something to investigate depending on what decision you make.

Edited November 6, 2009 by Hugglebuggles

[antda 13]

Hi Tri_gear,

It's not illegal to come to the US and get married while down here for a visit from Canada. As long as one came here WITHOUT the intention to get married in the first place on the visit and not do this as to avoid and/or break immigration laws, then it's fine and legal to do.

I was in this situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa from Canada for 2 weeks, and then ended up getting married here in the USA within those two weeks, and overstayed, and then filed the paperwork with immigration. And yes, I did get approved and got my green card afterwards (and am now applying for US Citizenship..lol..).

For more information on my sitation, see my VJ timeline (the link can be found on my signature).

If you had "intention" you're probably better off filing for a K1 (fiance visa...go back to Canada, file the paperwork, get married in the USA, adjust status), K3 (marriage visa...go back to Canada, get married in Canada, file paperwork, come to the USA, adjust status), or CR (marriage visa...go back to Canada, get married in Canada, file paperwork, come to the USA...)

Hope this helps. Good luck with your immigration journey.

Ant (Visited, Married, Immigrated, Living Happily Ever After In The USA...)

http://www.visajourney.com/forums/index.ph...227292&st=0

I had this question over at the K-1 forum and then the question arose as to whether I should get married in the U.S. while "just visiting", which doesn't make sense when you think of it. You still need to apply for a marriage license in the u.s. and there's a wait period I would think..hense the whole "intention of getting married" while visiting. I don't want to have to deal with that whole situation down the road.

Soooo, my question is this. Would it be easier for him (U.S. citizen) to just come over to Canada, we apply for a marriage license here in Canada, get married in Canada. He goes back home, I wait here and work/live while we wait for the whole CR-1 visa to be approved.

Hopefully they will continue to let me cross the border back and forth as long as I show all of my strong ties to Canada, which I full intend to do.

Once I am approved to live/work in the U.S.A, then I will cross the border and live happily ever after..LOL.

Edited November 6, 2009 by Ant+D+A

[antda 13]

I wonder, because they sometimes check the car when you come into the states if you have a wedding dress with you if that may cause an issue unless you told them the real story and had proof of ties to Canada and that you will return. That would be my biggest concern.

Good luck!

Oh yeah, they do search cars coming into the USA from Canada! And yes, having a wedding dress (or any other wedding stuff) would be somewhat "intentional" there, and thus cause you a lot of trouble, unless you had a marriage-related visa beforehand....

Lol...funny, when they searched our car on our POE and found our 'travelling christmas tree' (in the middle of April!)...though that wasn't an intention to marriage, but was just a bit odd....So yeah..be prepared to be pulled over if you had odd objects in the car too...lol...

Ant

Edited November 6, 2009 by Ant+D+A