Intentional marriage, does it pose a problem?

[pushbrk 13,116]

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.

Adjusting status is for people who are in the US already. You say your wife went back to Canada and you filed an I-130, so you have started on the CR1 visa process. Once she has the CR1 visa, she will enter and have permanent resident status, so there will be nothing to adjust. In the meantime, her travel to the US would be to visit. Since she went back to Canada, US Immigration won't give two hoots and a hollar whether the marriage was planned or not. They aren't marriage police. Their issue is immigration. You're going about that properly, so no problem.

Fiance(e) visas are for those who wish to marry in the US and stay here. Your wife didn't intend to stay, so no fiance(e) visa was needed.

Edited January 2, 2008 by pushbrk

[Deputy Purple 1,294]

The only thing I could add to this is that since she has already returned to Canada I doubt you'd want to even try to have her return on a visit and apply for Adjustment of Status.

Think of how that would look as for your intentions: She entered already married to a USC and then you file for AOS, as they say the onus is on you to prove there was no intent to immigrate when she entered on a visitors visa and that would look very hinky.

Why risk it? File for the CR-1 and once you have your NOA1 she should bring that with her at any border crossing so that if her intent is questioned she has evidence that you are in the process immigrating legally, this along with proof of ties to Canada (lease, employment, bills, vehicle registration etc) seems to usually be enough for canadian spouses to come and go during the process.

[Gary and Alla 3,694]

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?

I suggest you go the visa route. When Canadians enter on a tourist basis, visitor basis, they do not get an I-94 card, unlike VWP country citizens. Guess what one of the requirements for the AOS is? Copy of the I-94! You don't have it, so they will definitley know something is up. Just file for a CR-1 before her current visit privilege expires. She can come back and visit for as long as she is allowed during the process. So far, you have done nothing worng, there is nothing wrong with her entering with the intent to marry, provided she then files the necessary petition for her to live here legally. Trying to skip that part is the thing that is illegal.