Canadian marrying a US Citizen - K1?

[JEDI 0]

• Good luck to you, either way.
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[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

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.

Hi, and thanks for your reply. How much was the "Small Fine"?

[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.

Hi, and thanks for your reply. How much was the "Small Fine"?

$195

[pax 0]

$195

This sounds like urban legend to me. If someone was found to have lied to CBP officers, that's quite a serious offense.

To the OP: JEDI informed you that it is VJ policy to not condone or instruct persons how to commit immigration fraud. What you are talking about is exactly that. Unless you're interested in doing things legally, take your case elsewhere.

Edited May 5, 2006 by pax

[giraffemd 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.

I would also write that letter....easy for a lawyer to give you that horrible advice...after you have paid him and he is long gone and you are barred from the US for immigration fraud...what will he care. Do not break the law.....people think that if you are from Canada it is easier...not so...... everyone is the same...once they are caught.

[zyggy 9]

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.

Wrong.. there is something they can do about it.. they can say that you misrepresented yourself to CBP and send you back with a ban on reentry.. It has been done on occassion..

[TracyTN 237]

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.

Taking the word of someone you know who works for immigration (in what capacity? Do they adjudicate visa applications or check passports at a POE?) just isn't something I'd rely on.

Despite that fact, what the OP is considering is illegal. The fact that she seems to be ignoring the warnings posted here and instead replies only to your post suggests she doesn't really care about the legalities.

Frankly, it might be a good idea if this topic were closed.

[Mich3 0]

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.

Taking the word of someone you know who works for immigration (in what capacity? Do they adjudicate visa applications or check passports at a POE?) just isn't something I'd rely on.

Despite that fact, what the OP is considering is illegal. The fact that she seems to be ignoring the warnings posted here and instead replies only to your post suggests she doesn't really care about the legalities.

Frankly, it might be a good idea if this topic were closed.

First of all, I did not "take the word" of this person, I'm only stating what I have been told. Of course I'm not going to rely on what this person said. I'm not condoning doing it this way either, but at the same time the OP is a big girl and regardless of whether its illegal or not, its still is her decision. I think after all these emails she has a pretty good idea about what she should do.

[mrswooten4ever 0]

Does this attorney actually practice immigration law? Surely if it was that easy all of on us on here would be with our loved ones already. Don't take a chance do things the legally correct way either k1 or k3

Good luck

Adele

[TracyTN 237]

First of all, I did not "take the word" of this person, I'm only stating what I have been told. Of course I'm not going to rely on what this person said. I'm not condoning doing it this way either, but at the same time the OP is a big girl and regardless of whether its illegal or not, its still is her decision. I think after all these emails she has a pretty good idea about what she should do.

I never said you took his word; I can read, so I discerned that you're in the middle of your process now.

I was saying that personally, I would not hinge my future on what one person told me, and I didn't think the already eager OP should take the word of your friend as gospel and possibly get herself in a bind later.

I am also aware that the OP is a big girl, and that it is her decision. But thanks for reminding me anyway. It concerns me that she doesn't seem bothered by what she is told here about it being illegal, but I'm sure she'll do what she wants to anyway, in which case, she better hope that karma is on her side during the process.

[Karolina_033 0]

First of all, I did not "take the word" of this person, I'm only stating what I have been told. Of course I'm not going to rely on what this person said. I'm not condoning doing it this way either, but at the same time the OP is a big girl and regardless of whether its illegal or not, its still is her decision. I think after all these emails she has a pretty good idea about what she should do.

I never said you took his word; I can read, so I discerned that you're in the middle of your process now.

I was saying that personally, I would not hinge my future on what one person told me, and I didn't think the already eager OP should take the word of your friend as gospel and possibly get herself in a bind later.

I am also aware that the OP is a big girl, and that it is her decision. But thanks for reminding me anyway. It concerns me that she doesn't seem bothered by what she is told here about it being illegal, but I'm sure she'll do what she wants to anyway, in which case, she better hope that karma is on her side during the process.

Of course I am bothered of it being illegal - I was not watching the forum so closely throughout the day (that is why I didn't respond earlier). Either way my question was in regards to What I Was ADVISED and did not state this was my intent. That is why i posted to inquire on others advise & those expreienced & thats what I simply received. I questioned the fine so that i can address it with the attorney along with all the other fraud related advise in which as my intial question stated I had concerns with to begin with. That is why I posted in the first place. I've never broken any law and dont' plan to under "bad" advice! Thanks again to all!

[pnd629 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.

Unsure??? How could you be unsure--just follow the law.

I find it hard to believe that while illegal immigration has been in the headlines lately that someone would be considering immigrating illegally--especially since there is a fairly simple way to immigrate legally.

Your lawyer has given you bad advice.

I am a bit confused though--even if you get married, won't you still have to wait for the I-130 to be approved? And don't you have to wait for the approval in your own country?

[Kez/JWolf 6]

If you get married on the Spur of the Moment you can file for I-130 AOS and EAD all at the same time... you do not have to return to your own country as the I-130 will not be approved before the AOS... they are delt with at the same time....

Kezzie

[TracyTN 237]

Kezzie is absolutely right - IF you marry on the spur of the moment. That isn't what the OP's attorney suggested. What he suggested was flat out fraud.

[zyggy 9]

Kezzie is absolutely right - IF you marry on the spur of the moment. That isn't what the OP's attorney suggested. What he suggested was flat out fraud.

One of the attorney's on another board summarized it like this... the correct answer depends on where the client is sitting and what they intend to do.. (are they going to go back before the wedding)

If the question was I'm already here and want to get married what are my options... what Kezzie says may be appropriate. If they are in Canada or say that they are going to be in Canada between the wedding and now, the attorney's answer was inappropriate. However, I wasn't privy to the conversation between the OP and the attorney... depending on the questions asked, they may have given sound advice depending how the question was asked and how much info was volunteered on the part of the OP..

Edited May 5, 2006 by zyggy