Canadian marrying a US Citizen - K1?

[TracyTN 237]

From the way the original post was worded, my assumption was that the OP is in Canada currently. Of course, I may be wrong! And yes, it does depend some on what precisely was asked and how the conversation went.

But how else can one interpret the lawyer's 'advice' ? -- (according to the OPs account) to skip the K1 visa, then 'cross the US border as if visiting' -- seems fraudulant to me!

[pax 0]

Aye, I'm not sure you could take it any other way.

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.)...

Which leads me to believe that the OP is in Canada, not in the States.

[calidreamer80 0]

Hmph. Don't do it. If anything do the K-3 visa but don't go over there when you know you are breaking the law. Sorry but I lose respect for people who do that. It makes the rest of us look bad!!! Just my opinion.

[Kathryn41 3,205]

Another Canadian checking in . . . go the K-1 or K-3 route. Don't put yourself into the position where you have to lie to immigration for anything! You may get away with it - or you may not - but why take the risk? Follow the proper procedure and know you will be able to look your AOS interviewer straight in the eyes whatever question he/she asks.

Your attorney gave you lousy advice. He lacks integrity, and it will be no skin off of his teeth if something goes wrong and you end up being charged and depoted for immigration fraud.

[meauxna 15]

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

hunh, where'd that phrase get resurrected from?

Funny, when you google/group it, it comes back to a very familiar thread.....

It probably degenerates into a horrible fight, but there is a lot of good info there, still.

[diadromous mermaid 36]

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

hunh, where'd that phrase get resurrected from?

Funny, when you google/group it, it comes back to a very familiar thread.....

It probably degenerates into a horrible fight, but there is a lot of good info there, still.

I didn't bother to "google/group" it (too lazy, if truth be known) but I must say that this conversation made me think of an Old Friend . Frankly, if the immigration attorney the OP consulted did advise her to do what she posed in her question, his shingle should be made into kindling.

[meauxna 15]

I didn't bother to "google/group" it (too lazy, if truth be known) but I must say that this conversation made me think of an Old Friend .

Got it in one, clever monkey <kisses>.

Actually, it was my thread trying to bring some peace in the garden and get everyone on one page.

You can imagine how well *that* went.

I was so wide eyed and optimistic then!

[Krikit 1,165]

Correct me if I'm wrong, but won't the OP be restricted from travelling outside the U.S. while the case is being investigated and "approved"? That could be a very long time to be away from home and loved ones.

[iceyspots 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.

exactly!!

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.

Exactly... each country is treated equally, it would be just as illegal if you did it with any visa waiver country, or if your fiance got a tourist visa from another country.

[dmartmar 1]

I had a long consultation with him and he stated that lots of people get married on the spur of the moment, like folks who get married in Vegas, for example. That there is no way to prove I intended to marry when I "crossed to visit." He advised to play it off as if I didn't know it in the moment, but to actually get married while being over there (a change of plans type of thing).

If you don't feel comfortable with his advice, don't follow it.

Note: it will be an informal ceremony, not a huge wedding. I'm really concerned about what to do.

On the other hand, here you are considering it.

Of course I am bothered of it being illegal - I haven't been 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 "ADVICED" and did not state this was my intent. That is why I posted; to inquire for other's advice, those experienced & thats what I simply received.

You neither have to follow, nor do as "ADVICED" if you don't agree with it.

I questioned about the fine so that I could address it with the attorney, along with all the other fraud related advice. As my initial question stated, I had concerns to begin with. That is why I posted in the first place. I've never broken any laws and dont' plan to under "bad" advice. Thanks again to all!

If I understand this correctly, the atty. who 1st adviced you to commit marriage fraud is the same one you're going back to for more fraud advice.

[KarenCee 3]

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.

I agree. Everyone here is doing thing LEGALLY so we can LEGALLY have our beloveds with us. This kind of ####### infuriates me. That "lawyer" is an idiot. Either follow the law or please go away. Just MHO

[Fuzzness 2]

you should immediately fire the attourney and report him. what happens if USCIS decides that you actually did enter with the intent to marry? then you'd be in a world of hurt. not worth it.

[Flames9_RN 358]

When my wife and I first started to look into the immigration thing we visited an imigration lawyer here in the DC area for a free consultation. She told us to do pretty much what the OP was told. For me to stay in the USA, get married and adjust of Status. Well that wasnt possible because I was still in the Cdn Air Force. She tyhen replied when your out of the Air Force just move to the USA and adjust of status then!! That sounded wrong, and I inquired that I could bring all my personal belongings with me?? She said to just tell the border crossing your on your way to Western Canada and just cutting through!! hmmm, no!! I hadn't found VJ yet(didnt tell we were almost complete) But the info all sounded wrong. My wife at the time worked for the Dept. of State (not with immigration) did some of her own research and found the lawyers advice to be way offline!!

Each their own, if you want to do it illegally and take the chance of being deported thats your own doing. If it comes back to haunt you, you only have yourself to blame.

[raphael7546 0]

Just get a K-1 less heartache in the end.

Read what happened to me by clicking on my name on the left and scrolling down to "Our Story"

I WASN'T planning on staying, Only marrying and then coming back to Canada but was still denied entry. Believe me its not worth it.

[MrsDarby 0]

If you are in love and really want to be together, I suggest you go about it the legal and "right" way. Why risk your future and life together by going about it illegally? Is it really worth it?

Yes, people come as visitors, marry, and then apply for change of status, but they are taking a big risk.