Canadian Fiance and US Fiance - K3

[jsgriff 0]

If I am living in Canada, and my fiance is in the US, and we want to get married and file the I-130 for a K3 Spousal Visa i have a couple of questions:

Can I just enter the US, get married, then return to Canada and wait for the K3 to be approved? After the interview in Montreal, medicals, etc......

Can we still visit each other?

Any info would be much appreciated!!

[Urge To Race 2]

Yes, you can get married in the US and return to Canada to wait for the K3. You might want to think about doing the CR-1 instead to save the cost and hassle of AOS if you have to go through Montreal anyway for the K3.

You should be able to visit each other. Just be prepared at the border when entering with evidence of your ties to Canada to show that you will be returning. There is always the risk that you will be denied entry, but as a Canadian it is not likely.

If I am living in Canada, and my fiance is in the US, and we want to get married and file the I-130 for a K3 Spousal Visa i have a couple of questions:

Can I just enter the US, get married, then return to Canada and wait for the K3 to be approved? After the interview in Montreal, medicals, etc......

Can we still visit each other?

Any info would be much appreciated!!

[jsgriff 0]

thanks for the quick reply, VJ Members are the best !!!!

So I don't need any paperwork? Do I tell them I'm going to get married at the border?

Sorry for all the questions!!

Thanks!!

[Urge To Race 2]

Be truthful at the border, as in visiting friends/family etc, or even to attend a wedding. You should probably avoid saying your going to attend your own wedding.

You don't need special paperwork as long as you are going back to Canada after the wedding (within the time frame that a Canadian is allowed to stay in the US which I think is 6 months??).

thanks for the quick reply, VJ Members are the best !!!!

So I don't need any paperwork? Do I tell them I'm going to get married at the border?

Sorry for all the questions!!

Thanks!!

Edited September 2, 2007 by Urge To Race

[misa 2]

Yes and yes!

Many Can-Am couples married in the U.S. and the Canadian spouse went back to Canada after marriage to wait out the process (I did). Many also visit frequently during the process (I did that too).

There's been lots of threads about visiting and bringing proof of ties to Canada. Here's one: http://www.visajourney.com/forums/index.php?showtopic=58108

As for crossing to get married... I wouldn't mention it to CBP. Even though you have every intention of going back, it is usually a big red flag if you're saying you're going to get married to a USC (I know honesty is the best policy but for the marriage trip, you just don't want to get denied). I'm not advocating lying, just not giving the full answers... You're visiting. Don't bring anything that even hints that you're staying (which you're not) or getting married.

If I recall correctly, CBP just asked me "purpose?" and I said "visiting". They asked for how long and I answered 4 days (which is how long I stayed).

Edited September 2, 2007 by misa

[Chica Yeyé 41]

Ditto - say you're visiting - which is true; and get back to Canada in the time you "promise" at port of entry. And, just my fabulous opinoin -- file for the CR1, not the K3. Wait times are the same, the CR1 is an immigrant visa (no Adjustment of Nada), and it ends up being cheaper. When you go to the US, you can begin lining up volunteers to gather documents and all.

Wlecome to VJ and see you in the Canad Forum!!!!!

Peace, L.

[misa 2]

Yup, wait times are indeed about the same for CR-1 and K3 if you're going through Montreal (for the K3).

Have fun, congrats on the engagement and come join us in the Canada forum too.

[Eric_and_Corinna 0]

Do not say you are getting married in the US!! Like others have said, just tell them you are visiting friends or family.

Have your return ticket, evidence of occupation, mortgage statement, lease, etc, that shows them you intend to return to Canada...doubtful you will need any of this, but it never hurts to have.

If you wish to cross back into the US after you get married, I would still not even mention that you are married to an American. I would still say that I was only visiting friends. My wife and I went through the same thing you are describing, and when she mentioned she was returning to the US with her husband (me) they asked for her Permanent Resident Visa. Since we didn't have it yet, she was denied admission, photographed, fingerprinted, and her CDN passport was flagged. She had to sign paperwork that said she would not visit the US until her status was changed. Now we're stuck waiting for her K-3 to go through and trying to figure out if there is a loophole where she can visit me in the US before the K-3 is finalized.

FYI, the customs officer in Toronto told us that it would have been easier if she would have just stayed in the US (illegally) after we were married and filed the paperwork from the States.

Best of Luck!!

Good luck!!

[Misty1979 0]

Ditto - say you're visiting - which is true; and get back to Canada in the time you "promise" at port of entry. And, just my fabulous opinoin -- file for the CR1, not the K3. Wait times are the same, the CR1 is an immigrant visa (no Adjustment of Nada), and it ends up being cheaper. When you go to the US, you can begin lining up volunteers to gather documents and all.

Wlecome to VJ and see you in the Canad Forum!!!!!

Peace, L.

Off topic a bit here, but is this statement pretty much a hard fact these days, or just judging from recent timelines? Just curious because I've been expecting my CR1 interview any time now, but if it is now about the same wait time as K3 visa, I might have to change my planning around a bit

[Urge To Race 2]

Wait time for the interview varies by consulate/embassy. For Canadians that could get a K3 interview through Vancouver, the K3 would be faster. For Candians going through Montreal for the K3, the wait time is so long that it is negligible compared to the CR1 wait time. For other countries, the wait times certainly are not the same (although I am sure there are some countries where that might be true).

Ditto - say you're visiting - which is true; and get back to Canada in the time you "promise" at port of entry. And, just my fabulous opinoin -- file for the CR1, not the K3. Wait times are the same, the CR1 is an immigrant visa (no Adjustment of Nada), and it ends up being cheaper. When you go to the US, you can begin lining up volunteers to gather documents and all.

Wlecome to VJ and see you in the Canad Forum!!!!!

Peace, L.

Off topic a bit here, but is this statement pretty much a hard fact these days, or just judging from recent timelines? Just curious because I've been expecting my CR1 interview any time now, but if it is now about the same wait time as K3 visa, I might have to change my planning around a bit

Edited September 3, 2007 by Urge To Race

[Misty1979 0]

Wait time for the interview varies by consulate/embassy. For Canadians that could get a K3 interview through Vancouver, the K3 would be faster. For Candians going through Montreal for the K3, the wait time is so long that it is negligible compared to the CR1 wait time. For other countries, the wait times certainly are not the same (although I am sure there are some countries where that might be true).

Ditto - say you're visiting - which is true; and get back to Canada in the time you "promise" at port of entry. And, just my fabulous opinoin -- file for the CR1, not the K3. Wait times are the same, the CR1 is an immigrant visa (no Adjustment of Nada), and it ends up being cheaper. When you go to the US, you can begin lining up volunteers to gather documents and all.

Wlecome to VJ and see you in the Canad Forum!!!!!

Peace, L.

Off topic a bit here, but is this statement pretty much a hard fact these days, or just judging from recent timelines? Just curious because I've been expecting my CR1 interview any time now, but if it is now about the same wait time as K3 visa, I might have to change my planning around a bit

That much I already knew, I was more or less curious as to whether CR1's are now being scheduled with the same priority as K3's. I know back in February, CR1's had a wait list of about 2 months, while k3's were approx. 4. If they have changed the scheduling priority so that we get scheduled about as slowly as a K3, I really need to change around my future plans.

[neenuh 0]

NEVER say you're getting married in the states unless you have a K1 visa. you will be denied entry and deported immediately. worse, you will jeopardize your chance of staying legally in the states if you get caught.

perhaps i sound condescending here - just that it seriously rubs me the wrong way whenever i hear stuff about illegal immigrants getting away with citizenship, worse, acting like the US goverment owes them. and here we are, all waiting so patiently, doing what's supposed to be the right thing. people get away with it, and perhaps the reason why department of homeland security (USCIS) is putting us legal immigrants thru so much ####### is because of illegal immigrants - making this whole process difficult and tedious for all of us. asdf.

Edited September 3, 2007 by neenuh

[MargotDarko 0]

NEVER say you're getting married in the states unless you have a K1 visa. you will be denied entry and deported immediately. worse, you will jeopardize your chance of staying legally in the states if you get caught.

perhaps i sound condescending here - just that it seriously rubs me the wrong way whenever i hear stuff about illegal immigrants getting away with citizenship, worse, acting like the US goverment owes them. and here we are, all waiting so patiently, doing what's supposed to be the right thing. people get away with it, and perhaps the reason why department of homeland security (USCIS) is putting us legal immigrants thru so much ####### is because of illegal immigrants - making this whole process difficult and tedious for all of us. asdf.

This just simply isn't true. My husband visited the US from the UK on the VWP, said he was there to marry me and then return to the UK. They didn't even ask for the proof he brought to show he was returning to the UK with me. Someone visiting to marry and then leave would only be denied entry if the officer felt they could not prove they were going to leave.

I don't understand your rant about illegal immigrants in this context. No one is suggesting anything illegal, and the OP is certainly not attemptin to do anything illegal. And I am quite sure being denied entry is very different from being deported.