Canadian marrying a US Citizen - K1?

[Karolina_033 0]

Hello to all!

I've been advised by a well referred attorney not to apply for a K-1 Visa instead cross the US border as if I am visiting, marry while in the US, apply for change of status, (I-130 etc.) & to remain in the US while it gets approved. The attorney said they will not refuse our applications, etc. Of course I'm concerned with how this will be viewed - if viewed as fraud and if this will affect my approval for a green card. I was wondering what is your advise on this and why? He said he's had his Canadian clients do it all the time and they get approved.

Please help!

marilynn

[pax 0]

*sigh* Gotta love these attorneys.

Crossing the border as a tourist with the intent to marry and settle down is illegal and fraudulent. So is lying to CBP officials if they ask what the purpose of your visit is and you don't tell them you're planning to marry and settle.

If you already know you're planning to get married, you need to apply for the K-1. Folks whose adjustments from tourist status (Canadian, VWP, or B-2) have been successful were successful because their decisions to marry were on the spur of the moment after they entered with bona fide tourist intent. You need a K-1.

[jen&darcy 0]

*sigh* Gotta love these attorneys.

Crossing the border as a tourist with the intent to marry and settle down is illegal and fraudulent. So is lying to CBP officials if they ask what the purpose of your visit is and you don't tell them you're planning to marry and settle.

If you already know you're planning to get married, you need to apply for the K-1. Folks whose adjustments from tourist status (Canadian, VWP, or B-2) have been successful were successful because their decisions to marry were on the spur of the moment after they entered with bona fide tourist intent. You need a K-1.

Agree!

[Kez/JWolf 6]

Wow lawyers can be so BAD.....

If you do what he/she is recommending then you will be commiting visa fraud.....

Do yourselves a favour and read the K1 guide at the top of the forum... follow its instructions and you will be able to enter and not have the worry of being denided and sent back to canada with a ban on re-entry....

Kezzie

[Karolina_033 0]

*sigh* Gotta love these attorneys.

Crossing the border as a tourist with the intent to marry and settle down is illegal and fraudulent. So is lying to CBP officials if they ask what the purpose of your visit is and you don't tell them you're planning to marry and settle.

If you already know you're planning to get married, you need to apply for the K-1. Folks whose adjustments from tourist status (Canadian, VWP, or B-2) have been successful were successful because their decisions to marry were on the spur of the moment after they entered with bona fide tourist intent. You need a K-1.

I had a long consultation with him and he stated that people get married on the spur of the moment all the time, like folks who get married in vegas. That there is no proof i intended to marry when i "crossed to visit". He advised to play it off as if i didn't know in the moment but to actually get married while there (change of plans type of thing). Note: it will be an informal ceremony not a huge wedding. I'm really concerned on what to do . K.

[Mich3 0]

Hello to all!

I've been advised by a well referred attorney not to apply for a K-1 Visa instead cross the US border as if I am visiting, marry while in the US, apply for change of status, (I-130 etc.) & to remain in the US while it gets approved. The attorney said they will not refuse our applications, etc. Of course I'm concerned with how this will be viewed - if viewed as fraud and if this will affect my approval for a green card. I was wondering what is your advise on this and why? He said he's had his Canadian clients do it all the time and they get approved.

Please help!

marilynn

I have heard and know people who have done exactly that. Came across the border, got married and then filed their paperwork as a "spouse". I know someone who works for immigration and they don't like it but there's nothing they can do about it. You've already married a US citizen. I filed my K1 in January and then started hearing all these awful stories of it being very expensive, having to go to Montreal (I live in Vancouver) for the interview, and the amount of time it takes. I was told it could take up to 3 years!! So then I decided that if I didn't get my fiance visa by September (when kids start school) I was just going to just that and get married in Washington State. Thankfully I won't have to do that because my application is on its way to the Vancouver consolate. The people that I know that got married down there got a small fine and a slap on the hand at the interview in Seattle. Good luck with your decision.

[pax 0]

I had a long consultation with him and he stated that people get married on the spur of the moment all the time, like folks who get married in vegas. That there is no proof i intended to marry when i "crossed to visit". He advised to play it off as if i didn't know in the moment but to actually get married while there (change of plans type of thing). Note: it will be an informal ceremony not a huge wedding. I'm really concerned on what to do . K.

What part of "illegal and fraudulent" do you and your attorney not understand?

I don't mean to be rude, but this one is pretty clear-cut. If you are planning and intending to enter the United States to marry and settle here, you need a K-1 visa. Period. End of story.

[Kez/JWolf 6]

I would not be in any hurry to commit visa fraud on the say so of a lawyer... its not him who will be doning your AOS interview but USCIS officer.... if they find out you lied they can and do reject people for the exact same thing...

But it is up to you guy's

Kezzie

[jen&darcy 0]

Why take the chance? The wait isn't that long. Yes, it sometimes takes up to 6 months but I would rather stick out the 6 months than doing something illegally and always having the fear of getting caught. To each his own.

[TracyTN 237]

I had a long consultation with him and he stated that people get married on the spur of the moment all the time, like folks who get married in vegas. That there is no proof i intended to marry when i "crossed to visit". He advised to play it off as if i didn't know in the moment but to actually get married while there (change of plans type of thing). Note: it will be an informal ceremony not a huge wedding. I'm really concerned on what to do . K.

'Spur of the moment' is quite a different kettle of fish from what you suggested doing in your original post. YOu would be entering with the intent of marrying and settling here, and I'm sorry, but that is illegal.

If your attorney doesn't know that, he sure isn't much of one.

[gwenneh 7]

Visa fraud is illegal-your lawyer is suggestnig that you break the law. Fine if you don't get caught, but if you do, you will be banned from the US as well as face criminal charges. Don't risk it. It is a BAD plan.

[Fetaria 0]

Not worth the risk. Do your research, document well and get in line. Knowing you have followed the rules and not broken any laws you will be able to walk into your AOS interview without a worry and walk out with your green card. By posting here you have already made it public that you intend to marry which is already a point against the "spur of the moment" idea.

[Bstnguy 0]

I had a long consultation with him and he stated that people get married on the spur of the moment all the time, like folks who get married in vegas. That there is no proof i intended to marry when i "crossed to visit". He advised to play it off as if i didn't know in the moment but to actually get married while there (change of plans type of thing). Note: it will be an informal ceremony not a huge wedding. I'm really concerned on what to do . K.

I would

(1) apply for the K-1

AND

(2) write a letter to the Bar of the state this lawyer practices in, letting them he advised you to commit immigration fraud. He doesn't deserve his license.

Edited May 5, 2006 by Bstnguy

[Cristy 4]

I had a long consultation with him and he stated that people get married on the spur of the moment all the time, like folks who get married in vegas. That there is no proof i intended to marry when i "crossed to visit". He advised to play it off as if i didn't know in the moment but to actually get married while there (change of plans type of thing). Note: it will be an informal ceremony not a huge wedding. I'm really concerned on what to do . K.

I would

(1) apply for the K-1

AND

(2) write a letter to the Bar of the state this lawyer practices in, letting them he advised you to commit immigration fraud. He doesn't deserve his license.

I agree

[Jersey Girl 2]

Why not visit the U.S. as planned, decide then to accept your fiance's proposal, get married in a simple ceremony, go back to Canada, and apply for the K3? By returning to Canada, you'll show your intent to do things by the book.