Intentional marriage, does it pose a problem?

[happy1 0]

My wife entered to the US with just a visitors visa and we got married in California. Since she is a Canadian and can enter the US with just a passport, we didn't know that a fiance visa was required at the time. Anyways we got married and later heard that if the marriage was intentional under the visiting status it can pose problems for my wife's immigration process, is that true? In such case is it better to file just the IR1/CR1 visa or K3 visa? During the interview should she tell them that she entered the US knowing that she would get married or should she present it as a case of "spur of the moment" marriage? I am so confused?

[Alt name 1]

If she entered with the intention of marriage, then tries to stay, then you will likely get scrutinized for visa fraud. If the intention was there it is probably better to go back, file correctly, and wait.

She can always stay and you could try to file a simple adjustment of status.

[gwenneh 7]

Whether or not the marriage was intentional is not important - what is being scrutinized is the intent to immigrate. If she entered the US with the intent to immigrate without first obtaining the proper visa, then that would be visa fraud.

A K-1 visa is not necessary for just marriage in the US - it is necessary for marrying and staying in the US.

[Alt name 1]

Thank you. I made the mental jump from marriage to intention to immigrate (seemed to go without saying) and stand corrected.

[rjp44 1]

My wife entered to the US with just a visitors visa and we got married in California. Since she is a Canadian and can enter the US with just a passport, we didn't know that a fiance visa was required at the time. Anyways we got married and later heard that if the marriage was intentional under the visiting status it can pose problems for my wife's immigration process, is that true? In such case is it better to file just the IR1/CR1 visa or K3 visa? During the interview should she tell them that she entered the US knowing that she would get married or should she present it as a case of "spur of the moment" marriage? I am so confused?

What they are going to look for is a bonifide relationship. With someone with a visa, this is easier to track, but I would try to have proof of earlier visits by both/either of you. Regardless of that, she is going to have to go back to Canada during the visa process. I'm not sure when the new border crossing requirements take effect, but at least for the meantime she would be able to visit.

Filing for K-3 or CR-1 isn't making a lot of difference right now, maybe a month. With the CR-1, she will be able to work when she gets here and it is less expensive. $545 for removal of conditions 21 months after she enters permanently vs. $1010 for AOS of the K-3. You didn't say when you got married, but if you are married for 2 yrs when visa is granted, you don't have to remove conditions and she would get a 10 yr. green card right away.

[trailmix 77]

My wife entered to the US with just a visitors visa and we got married in California. Since she is a Canadian and can enter the US with just a passport, we didn't know that a fiance visa was required at the time. Anyways we got married and later heard that if the marriage was intentional under the visiting status it can pose problems for my wife's immigration process, is that true? In such case is it better to file just the IR1/CR1 visa or K3 visa? During the interview should she tell them that she entered the US knowing that she would get married or should she present it as a case of "spur of the moment" marriage? I am so confused?

What they are going to look for is a bonifide relationship. With someone with a visa, this is easier to track, but I would try to have proof of earlier visits by both/either of you. Regardless of that, she is going to have to go back to Canada during the visa process. I'm not sure when the new border crossing requirements take effect, but at least for the meantime she would be able to visit.

Filing for K-3 or CR-1 isn't making a lot of difference right now, maybe a month. With the CR-1, she will be able to work when she gets here and it is less expensive. $545 for removal of conditions 21 months after she enters permanently vs. $1010 for AOS of the K-3. You didn't say when you got married, but if you are married for 2 yrs when visa is granted, you don't have to remove conditions and she would get a 10 yr. green card right away.

Or you can file for Adjustment of Status and see what happens.

No one on this site is going to tell you that you should present your case as 'spur of the moment' as that wouldn't be the truth and if someone said it here it would be against the terms of service on visa journey. (btw by saying this I am not implying that you should lie - that's none of my business - just pointing this info out fyi).

Anyway, congrats on the marriage and good luck whatever you decide to do!

[rebeccajo 14]

Intent.

There is the intent to marry.

There is the intent to immigrate.

Then there is the intent to evade the law in order to immigrate.

The latter of the three is the crux of any denial for an adjustment of status. The onus is on the immigrant to prove there was no intent to evade the law, if the question is raised by the service.

[trailmix 77]

Intent.

There is the intent to marry.

There is the intent to immigrate.

Then there is the intent to evade the law in order to immigrate.

The latter of the three is the crux of any denial for an adjustment of status. The onus is on the immigrant to prove there was no intent to evade the law, if the question is raised by the service.

[pushbrk 13,116]

Intent.

There is the intent to marry.

There is the intent to immigrate.

Then there is the intent to evade the law in order to immigrate.

The latter of the three is the crux of any denial for an adjustment of status. The onus is on the immigrant to prove there was no intent to evade the law, if the question is raised by the service.

Yeah, it's ok to enter with the intent to marry but not ok to use that marriage as a way to evade the law. Entering with the intention of marrying and adjusting status based on the marriage, to avoid the appropriate visa process, is where the visa fraud issue comes up. One need not have all this intent upon entry. It sounds like the OP couple was ignorant of the proper immigration procedure when the alien entered the US. As far as I know, like with other laws, ignorance is no excuse. So, they'll need to follow the appropriate immigration path, which would be CR1 or K3. As long as she doesn't overstay the six months allowed, she can stick around for as much of the process as that allows.

Of course, if he proposed after her arrival, she can just stay and adjust status. Funny how that works. I think that's where people get confused. Entry with no intent to marry and all is well. Enter with intent to marry and leave is also ok. Enter with intent to marry only becomes a problem when you add the intent to immigrate to the equation.

[pushbrk 13,116]

My wife entered to the US with just a visitors visa and we got married in California. Since she is a Canadian and can enter the US with just a passport, we didn't know that a fiance visa was required at the time. Anyways we got married and later heard that if the marriage was intentional under the visiting status it can pose problems for my wife's immigration process, is that true? In such case is it better to file just the IR1/CR1 visa or K3 visa? During the interview should she tell them that she entered the US knowing that she would get married or should she present it as a case of "spur of the moment" marriage? I am so confused?

What they are going to look for is a bonifide relationship. With someone with a visa, this is easier to track, but I would try to have proof of earlier visits by both/either of you. Regardless of that, she is going to have to go back to Canada during the visa process. I'm not sure when the new border crossing requirements take effect, but at least for the meantime she would be able to visit.

Filing for K-3 or CR-1 isn't making a lot of difference right now, maybe a month. With the CR-1, she will be able to work when she gets here and it is less expensive. $545 for removal of conditions 21 months after she enters permanently vs. $1010 for AOS of the K-3. You didn't say when you got married, but if you are married for 2 yrs when visa is granted, you don't have to remove conditions and she would get a 10 yr. green card right away.

Or you can file for Adjustment of Status and see what happens.

No one on this site is going to tell you that you should present your case as 'spur of the moment' as that wouldn't be the truth and if someone said it here it would be against the terms of service on visa journey. (btw by saying this I am not implying that you should lie - that's none of my business - just pointing this info out fyi).

Anyway, congrats on the marriage and good luck whatever you decide to do!

LOL... This issue seems to get some of sounding like we're dancing around trying to observe the terms of service and then when we add a disclaimer, we seem to add to the dancing as well. Usually, it's because the OP doesn't know how important it is that we know whether the decision to marry occured before or after the entry to the US.

[Jesse and Hema 2]

Intent.

There is the intent to marry.

There is the intent to immigrate.

Then there is the intent to evade the law in order to immigrate.

The latter of the three is the crux of any denial for an adjustment of status. The onus is on the immigrant to prove there was no intent to evade the law, if the question is raised by the service.

I agree that the intent to evade the law and the intent to marry/immigrate are completely different, but they (the government) places the liability of understanding the laws on the shoulders of the people who need to follow them. I've never heard of a case, immigration or otherwise, where a person was let off the hook by claiming ignorance. If the intent was to immigrate without a visa, and they follow through, the law was broken.

Given that you're dealing with Canada, I think doing things the law-abiding way (K-3/CR-1) wouldn't be that painful.

Good luck in whatever you decide.

[Lance27 19]

I entered the US and married as a Canadian Citizen. Returned to Canada and my wife petitioned for the I129F and the I130. I didn't want to take any chance that I would be denied AOS since we also had intent to marry but didn't know that we required a K1 visa at the time. I did however visit a few times during the entire process.

[happy1 0]

Thank you everyone for your response. The question now is should I file for a change of status for my wife or should I not and let my wife stay in Canada to wait for her interview,etc. I understand that we were stupid for not checking things out prior to the marriage (ignorance is not forgiven) and now that we know, I want to do it the right way so that my wife can soon reunite with me. They will pin us on the intent of marriage for sure because she entered with just a visitors visa. Now, how should I approach this without the problem of them concluding that we are visa frauds. Should my wife stay in Canada and because she went back to Canada after the marriage, they will conclude that she came over to get married and went back to her country so it's not a fraud or should I file a change of status for her? I am so confused!!! If we had known,we would have applied for the K-1 visa prior to getting married. In all honesty, we are in love and wanted to be together so that's why we got married, we weren't intending to be frauding the system. I mean Canada is just as wonderful as the US,so really the purpose was nothing other than love.

Currently, I have just filed an I-130.

[rjp44 1]

Thank you everyone for your response. The question now is should I file for a change of status for my wife or should I not and let my wife stay in Canada to wait for her interview,etc. I understand that we were stupid for not checking things out prior to the marriage (ignorance is not forgiven) and now that we know, I want to do it the right way so that my wife can soon reunite with me. They will pin us on the intent of marriage for sure because she entered with just a visitors visa. Now, how should I approach this without the problem of them concluding that we are visa frauds. Should my wife stay in Canada and because she went back to Canada after the marriage, they will conclude that she came over to get married and went back to her country so it's not a fraud or should I file a change of status for her? I am so confused!!! If we had known,we would have applied for the K-1 visa prior to getting married. In all honesty, we are in love and wanted to be together so that's why we got married, we weren't intending to be frauding the system. I mean Canada is just as wonderful as the US,so really the purpose was nothing other than love.

Currently, I have just filed an I-130.

I have read that the USCIS looks at the length of time in the U.S. before marrying. Anything 30 days or less is looked at as entering the country with intent to immigrate, 60-90 days is iffy and they really want to see 90 days or more that would have given a couple time to meet and marry in what would not be a planned event to circumvent immigration laws.

[rebeccajo 14]

If you attempt to adjust status, there won't be an issue of visa fraud because you are not asking for a visa.

Insofar as whether or not you would be breaking any laws by filing to adjust, that question is best left in the hands of competent legal counsel.