late in the game (long post)

[HSIMPSON 0]

New member here. She's Canadian. I'm US citizen. All along we really overlooked the immigration process not knowing that bringing a fiancé/spouse to the US is a complex, lengthy process despite the fact that US and Canada are neighboring countries. Anyhow I found this site yesterday and immediately got into panic mode after doing some reading. Our wedding day is set in stone for September. I'm trying to think of the best course of action to take. I hope I can get some advices.

1. Start K1 process right away.

Pros: While it's unlikely that she will get the visa before our September wedding day, at least we get the ball rolling.

Cons: She may be turned away at PoE while on her way to our 'wedding' in the US.

2. Have a civil wedding either in Canada or US asap for the sake of obtaining a certificate. Then file for K3.

Pros & cons: same as above

3. DCF in Montreal. Given our wedding date I don't see any benefit of doing DCF. Please correct me if I’m wrong.

4. Do nothing. Go ahead with our wedding plan. Then file for K3.

Pros: Peace of mind. No missing bride!

Cons: we'll be separated longer

5. TN status. My fiancée is working in IT field. Given her background and favorable job market I think she’d be qualified for many positions.

I'm thinking option 5 and then 4 are our options. Am I missing anything?

thank you

Edited April 5, 2007 by HSIMPSON

[meauxna 15]

#5: The TN doesn't allow for dual intent. No whiff of USC spouse or intent allowed.

[Emancipation 2]

Where in Canada is your fiance? is her closest embassy Montreal? I assume it is but just checking. K-1 is faster through Vancouver

[Jeremy + Kristy 0]

Well, you're in the same boat I was in about a month ago. Our "wedding" is September 1st, too.

I opted to go with your Option #1, as yes, it's a possibility that my fiancee could be denied entry for the wedding, I'm not sure it's very likely. We live on opposite sides of a river, and I cross the border 5 days a week, and she comes over to see me about every other weekend or so.

#2 Can't get married in the US, as your fiancee has immigration intent, but from my understanding, you could get married in Canada. I'm starting to wonder if this is what we should do, as while it's being processed, your spouse can live in the US?

#3 Wasn't an option when I filed originally. I believe both parties need to be residents of Canada, though.

#4 Again, I'm not positive that your fiancee can come to the US on a B2 (via the WHTI) with the intention of getting married.

#5 Wait is probably just as long, but I'm not positive. In my case, I could probably move to Canada as a TN, but I don't want to try to sell my house and buy a new one during this already hectic and time consuming process.

Don't take this as gospel, it's just my understanding. I'm new to this, too.

[Catou1181 0]

Same situation here Our church wedding will be on September 1st (popular date lol).

We opted for the K-3 Visa and got married in March.

We will be filling our I-130 shortly.

We opted for this because it allowed us to be able to plan for a wedding without having to worry about it being too soon or too late. Also, I didn't like the fact that I would need advance parole to travel back to Canada. With the K-3, it won't be a problem.

[Marilyn. 340]

New member here. She's Canadian. I'm US citizen. All along we really overlooked the immigration process not knowing that bringing a fiancé/spouse to the US is a complex, lengthy process despite the fact that US and Canada are neighboring countries. Anyhow I found this site yesterday and immediately got into panic mode after doing some reading. Our wedding day is set in stone for September. I'm trying to think of the best course of action to take. I hope I can get some advices.

1. Start K1 process right away.

Pros: While it's unlikely that she will get the visa before our September wedding day, at least we get the ball rolling.

Cons: She may be turned away at PoE while on her way to our 'wedding' in the US.

2. Have a civil wedding either in Canada or US asap for the sake of obtaining a certificate. Then file for K3.

Pros & cons: same as above

3. DCF in Montreal. Given our wedding date I don't see any benefit of doing DCF. Please correct me if I’m wrong.

4. Do nothing. Go ahead with our wedding plan. Then file for K3.

Pros: Peace of mind. No missing bride!

Cons: we'll be separated longer

5. TN status. My fiancée is working in IT field. Given her background and favorable job market I think she’d be qualified for many positions.

I'm thinking option 5 and then 4 are our options. Am I missing anything?

thank you

after you start the K1 process, she would still be able to go to the US to visit you as long as she has enough ties back to Canada but you can't get married before you get the K1 visa... that would nullify your chances of getting a K1 visa...

Well, you're in the same boat I was in about a month ago. Our "wedding" is September 1st, too.

I opted to go with your Option #1, as yes, it's a possibility that my fiancee could be denied entry for the wedding, I'm not sure it's very likely. We live on opposite sides of a river, and I cross the border 5 days a week, and she comes over to see me about every other weekend or so.

#2 Can't get married in the US, as your fiancee has immigration intent, but from my understanding, you could get married in Canada. I'm starting to wonder if this is what we should do, as while it's being processed, your spouse can live in the US?

#3 Wasn't an option when I filed originally. I believe both parties need to be residents of Canada, though.

#4 Again, I'm not positive that your fiancee can come to the US on a B2 (via the WHTI) with the intention of getting married.

#5 Wait is probably just as long, but I'm not positive. In my case, I could probably move to Canada as a TN, but I don't want to try to sell my house and buy a new one during this already hectic and time consuming process.

Don't take this as gospel, it's just my understanding. I'm new to this, too.

someone could get married in the US as long as they don't plan on staying there...

Edited April 5, 2007 by MarilynP

[piosenka 0]

New member here. She's Canadian. I'm US citizen. All along we really overlooked the immigration process not knowing that bringing a fiancé/spouse to the US is a complex, lengthy process despite the fact that US and Canada are neighboring countries. Anyhow I found this site yesterday and immediately got into panic mode after doing some reading. Our wedding day is set in stone for September. I'm trying to think of the best course of action to take. I hope I can get some advices.

1. Start K1 process right away.

Pros: While it's unlikely that she will get the visa before our September wedding day, at least we get the ball rolling.

Cons: She may be turned away at PoE while on her way to our 'wedding' in the US.

2. Have a civil wedding either in Canada or US asap for the sake of obtaining a certificate. Then file for K3.

Pros & cons: same as above

3. DCF in Montreal. Given our wedding date I don't see any benefit of doing DCF. Please correct me if I’m wrong.

4. Do nothing. Go ahead with our wedding plan. Then file for K3.

Pros: Peace of mind. No missing bride!

Cons: we'll be separated longer

5. TN status. My fiancée is working in IT field. Given her background and favorable job market I think she’d be qualified for many positions.

I'm thinking option 5 and then 4 are our options. Am I missing anything?

thank you

Regarding K-1

I think like someone said before, as long as she can prove ties to Canada, she'll be able to come over fine without much problem. My fiance and I are doing the K-1 and he has come and gone already and they haven't even questioned him.

[Flames9_RN 358]

again it all depends on POE. I'm al lfor it (I have never had a problem) BUT one must be aware that you can be denied!! You could cross 10 times with no problem, than WHAMMO, u get denied!!

[misa 2]

As others have stated, someone can visit but they need to bring proof of ties to their home country. I visited every 3 weeks before I got my visa and didn't encounter problems. I always had a ton of paperwork with me though.

Also, one can definitely enter the U.S. with intent to marry, just not into to marry and STAY. Nothing wrong with coming to get married.

[mwinburn 0]

How is it people visit on a tourist visa, marry a USC then stay? I'm doing K-1, but someone mentioned this to me earlier and I was just curious.

[Flames9_RN 358]

Quite easy, coem to the USA and stay and then AOS!! If one comes to the USA on a tourist visa and KNOWINGLY gets married and stay, from my understanding that is illegal!! I'm sure it happens quite often though and it works out for them. Prior to starting our immigration journey in 2004, we had a free consult with a immigration attorney and thats exactly what she told us to do! Fo rme to cross the border, stay and AOS!!! Sounded fishy to me, but people do it! I would think one would be stress a bi tmore going that route. If someone had a serious accident or a death back in canada, you probably could not go back,as there would be a good chance you could be denied entry!!

[Lance27 19]

Thats what an immigration lawyer told us too. From what I understand, that it is only valid if you enter on a tourist visa and had no immigration intent and then at a later time you decide to get married (kinda on the spur of the moment thing) and then adjust status. We knew I was planning on immigrating so I would be misrepresenting myself to CBP when I crossed and decided to do the K3/IR1CR1 route. Wanted it to be 100% legal rather than have issues down the line and get denied AOS. I however did get married in the US and had no problems crossing the border as I was returning back to Canada and had a whole bunch of ties to Canada documents for proof

Quite easy, coem to the USA and stay and then AOS!! If one comes to the USA on a tourist visa and KNOWINGLY gets married and stay, from my understanding that is illegal!! I'm sure it happens quite often though and it works out for them. Prior to starting our immigration journey in 2004, we had a free consult with a immigration attorney and thats exactly what she told us to do! Fo rme to cross the border, stay and AOS!!! Sounded fishy to me, but people do it! I would think one would be stress a bi tmore going that route. If someone had a serious accident or a death back in canada, you probably could not go back,as there would be a good chance you could be denied entry!!

[Flames9_RN 358]

I'm sure many Cdns do it, sounds too stressful to me, lol

[misa 2]

Definitely too stressful. I sleep better at night knowing we did everything by the book. When it comes time for my AOS interview (whenever I get my ### in gear and actually file it!) I know I won't be stressing out (too much) because I didn't try and skirt the system.

Edited April 7, 2007 by misa

[meauxna 15]

How is it people visit on a tourist visa, marry a USC then stay? I'm doing K-1, but someone mentioned this to me earlier and I was just curious.

It depends on where they are when they make their decision to stay and adjust status.

http://www.uscis.gov/files/article/A2.pdf

What if my fiancé(e) uses a different kind of visa, or enters as a visitor without visa, to come here so we can get married?

There could be serious consequences. Attempting to get a visa or enter the U.S. by saying one thing when you intend another may be considered immigration fraud, for which there are severe penalties. Those penalties include restricting a person’s ability to get immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to five years. It is not appropriate for your fiancé(e) to enter the U.S. as a visitor with the intent to marry you and remain to try to become a permanent resident. It is appropriate, however, to enter as a visitor to have the wedding in the U.S. and then return to a foreign residence for further processing for U.S. immigration as a spouse.

You should come prepared with proof of your clear intentions in this regard.