Getting married to us citizen. i am in canada

[thetreble 19]

No I wasn't promoting doing that route, I was saying that would be the other option you would do other then waiting for a visa route. Now it's not uncommon for people to do that. It will be up to the IO who interviews you or the border guard to determine if you are valid or not. It is not illegal to come over to the US to visit, and then all of a sudden decide to marry. It theoretically is if you plan on getting married and then lie to the immigration officers about your intent.

This is the only other way of doing it without going by K1 and K3. Didn't say it was the best route, but if they are wanting to get married like they are planning, they're either going to have to wait in different countries or they're going to attempt something like what I mentioned.

Is there a consequence to it? Yes. If found you are entering with the plans of getting married you could get a ban from entering the US. Does that happen often? Not sure.

There are people who legitly come over for a extended visit to see their significant others and then a few months later (while on their stay) decide they want to get married. They then get married in the US and file for AOS. In this case they entered the US legitly (by not originally planning on marriage when they crossed the border for the visit). This is how people are doing it without a visa.

This is the option that I chose. I'm not promoting it at all but I will say it worked for me just fine and was a lot less costly. I don't know how many people get banned from entering the US in this fashion but if there are any examples out there, let us know.

[landa 1]

i would like to thank everyone for the information and guidiance. I really appreciate it. i think i will most likely do the k3. i understand it may take a while..but it will give me some time and to prepare leaving canada. my concern now is the medical examination. I had a brain injurfy 4 years ago, although i may have a bit of a memory problem, and neck pain. everything is fine. i am not a violent person to cause harm to myself or others. i have not been able to work. right now i am taking courses to complete my degree in business admin. Wil having a brain injury stop me from entering US? thanks

[Galateia 1]

Why not do the CR-1?

If you come in on a K-3 you will not get temporary authorization to work, and will be jobless for a lot longer. If you can afford not to work for an uncertain length of time once you get here, by all means do the K-3, but a CR-1 sounds like the better choice.

[Cassie 8]

i would like to thank everyone for the information and guidiance. I really appreciate it. i think i will most likely do the k3. i understand it may take a while..but it will give me some time and to prepare leaving canada. my concern now is the medical examination. I had a brain injurfy 4 years ago, although i may have a bit of a memory problem, and neck pain. everything is fine. i am not a violent person to cause harm to myself or others. i have not been able to work. right now i am taking courses to complete my degree in business admin. Wil having a brain injury stop me from entering US? thanks

I'd go CR-1, but that's just me. You would wait about the same time as the K-3, and end up with more (like your green card and automatic work authorization) once you get to the US.

No, a brain injury will not stop you from coming to the US. I had a stroke and I got through the medical just fine.

[Marilyn. 340]

i was banned from the US for a year for attempting to do just that.... I tired to tell them that I was going for a few weeks but they didn't believe me.. I am lucky that I only got the 1 year ban....

we attempted this on the advice from a lawyer my hubby had talked to...

[Krikit 1,164]

Lawyers are great, aren't they?

[Marilyn. 340]

yes they are....

[landa 1]

i was banned from the US for a year for attempting to do just that.... I tired to tell them that I was going for a few weeks but they didn't believe me.. I am lucky that I only got the 1 year ban....

we attempted this on the advice from a lawyer my hubby had talked to...

u got banned because u were already married and applied for k1?

[Marilyn. 340]

i was banned from the US for a year for attempting to do just that.... I tired to tell them that I was going for a few weeks but they didn't believe me.. I am lucky that I only got the 1 year ban....

we attempted this on the advice from a lawyer my hubby had talked to...

u got banned because u were already married and applied for k1?

no, I was banned because the lawyer suggested that I just go down the US for a vacation and then get married and adjust status..

I tired to tell the POE person that I was going for a visit but he didn't believe me and sent me inside where they questioned me and I finally broke down and told them that I was going down to see my boyfriend to see if things were going to work out and we were going to get married if it did...

[warlord 73]

i was banned from the US for a year for attempting to do just that.... I tired to tell them that I was going for a few weeks but they didn't believe me.. I am lucky that I only got the 1 year ban....

we attempted this on the advice from a lawyer my hubby had talked to...

u got banned because u were already married and applied for k1?

no, I was banned because the lawyer suggested that I just go down the US for a vacation and then get married and adjust status..

I tired to tell the POE person that I was going for a visit but he didn't believe me and sent me inside where they questioned me and I finally broke down and told them that I was going down to see my boyfriend to see if things were going to work out and we were going to get married if it did...

Yes you definatly have to prove to them you are at least planning to return to Canada. Most people will still keep their homes or rentals and such and then when in the US for some time (more then a few weeks) get married, then when they get their AP they take care of all the Canada stuff. If you come over the border with your life belongings for only a short trip (even a few months) and no ties to a home, or job etc in Canada, you will be caught and banned.

It can be a lot more stressful that way too, but can be quicker.

Anyways forgot about the job offer. Yeah that might be the best way to do it. I'm trying to think what other work visas there are that maybe you could be qualified for. H1B possibly since there is nothing in there about forbidding immigration intent? I don't know too much about work visas other then the TN which definatly will not work in this situation...

[LadyJane 1]

I would agree with the above suggestions that if you have made up your mind to get married and then apply for a US visa, then really look into the CR1 visa. Depending on the wait times of the applicable embassies (is Montreal still the only embassy to do the CR1 interviews?) then it may be advantageous to go the CR1 route.

If the wait times for a CR1 and a K3 are almost the same, I'd highly recommend the getting CR1 visa. The immigrating spouse will be able to immediately work in the US and travel outside the US with a CR1 visa. The fees for a CR1 are less expensive than a K3/AOS. One thing that hasn't been mentioned is the fee to remove the conditions on a CR1 visa, but you won't need to pay it until two years after the CR1 is issued.

You can visit the US during the visa application process, without an extra visa, if you are a Canadian. But, it is really up to the border guard to let you in. Entrance is never guaranteed, it may help to bring evidence that you will be returning to Canada. Remember to always be honest, answer questions concisely and confidently.

Edited June 3, 2008 by LadyJane

[LadyJane 1]

Anyways forgot about the job offer. Yeah that might be the best way to do it. I'm trying to think what other work visas there are that maybe you could be qualified for. H1B possibly since there is nothing in there about forbidding immigration intent? I don't know too much about work visas other then the TN which definatly will not work in this situation...

Yes! The H1B is considered 'dual intent' and you can adjust status from it.

[raphael7546 0]

Well I would not try to just cross and get married int he states.While it is perfectly LEGAL to enter the states and get married , and then go back home to Canada (not stay in the states).Most border control have no clue about this and as soon as you mention wedding will automatically think you're coming to get married AND Stay there. It is totally up to the border guys whether they will let you thru. If you click on my name on the left and click on "My Story" you will see what happens when you are too honest and not given the proper information.

I seriously would wait, apply for the K-1 cross and marry in the states . Then you can always have an unformal "wedding" in Canada if this is what you want to do.

Goodluck

Edited June 3, 2008 by raphael7546

[Eric_and_Corinna 0]

Something else to consider is that when you enter the US on a K-1 Fiance visa (K-3 too, I think) you need to plan to be unemployed and stuck in the US, unable to visit Canada, for a minimum of 3 to 6 months. This is because you will apply to become a resident with a greencard so you can work and ask for Advance Parole, which allows to to leave the US for visits, etc.

If you are planning a wedding in both countries so that both families can see you get married, you might be able to have an Anna Nicole Smith-style ceremony in Canada that isn't legally binding, and then the legal marriage in the US once you've entered on your K-1.

I believe the K-3 is a multi entry visa, that allows you to leave the US and visit Canada without AP. Please correct me if I am wrong.

[Marilyn. 340]

Something else to consider is that when you enter the US on a K-1 Fiance visa (K-3 too, I think) you need to plan to be unemployed and stuck in the US, unable to visit Canada, for a minimum of 3 to 6 months. This is because you will apply to become a resident with a greencard so you can work and ask for Advance Parole, which allows to to leave the US for visits, etc.

If you are planning a wedding in both countries so that both families can see you get married, you might be able to have an Anna Nicole Smith-style ceremony in Canada that isn't legally binding, and then the legal marriage in the US once you've entered on your K-1.

I believe the K-3 is a multi entry visa, that allows you to leave the US and visit Canada without AP. Please correct me if I am wrong.

yes it is...