Canadian Visiting boyfriend in the U.S

[Mrs. P 6]

Hi. I'm a Canadian Citizen who has been dating an American citizen for the past 4 years and travelling back and forth to see him. This past May we just had a baby and we are thinking about getting married. We want to just go and get married at the JOP down in the state where he lives, but i plan on coming back to Canada to stay. We plan on him moving to Canada in the next year or so. I was wondering if it is 1) illegal for me to marry him without getting a fiance visa first 2) if i will be denied entry the next time i go to visit because i'm married to him?

I have no intent to stay illegally in the U.S and will show ties to Canada,such as apartment lease and employment letter. I don't want to jeopardize visiting him, especially for the sake of our child. It's hard enough being apart as it is, but to be inadmissable all together would be killer. He is inadmissable in Canada right now, however we are working on his Pardon and Rehabilitation to get him to travel here.

Any answers would be greatly appreciated.

Thanks

[William33 110]

Hi. I'm a Canadian Citizen who has been dating an American citizen for the past 4 years and travelling back and forth to see him. This past May we just had a baby and we are thinking about getting married. We want to just go and get married at the JOP down in the state where he lives, but i plan on coming back to Canada to stay. We plan on him moving to Canada in the next year or so. I was wondering if it is 1) illegal for me to marry him without getting a fiance visa first 2) if i will be denied entry the next time i go to visit because i'm married to him?

I have no intent to stay illegally in the U.S and will show ties to Canada,such as apartment lease and employment letter. I don't want to jeopardize visiting him, especially for the sake of our child. It's hard enough being apart as it is, but to be inadmissable all together would be killer. He is inadmissable in Canada right now, however we are working on his Pardon and Rehabilitation to get him to travel here.

Any answers would be greatly appreciated.

Thanks

I would strongly recommend against that plan, given your Fiancé’s status in traveling to Canada. These plans will severely jeopardize your ability to travel to the US going forward. You will be left with Mexico as a meeting point….

What do you intend to gain here? I suggest you square away the issues that preclude your Fiancé from moving to Canada and go from there.

[Mrs. P 6]

Hi. I'm a Canadian Citizen who has been dating an American citizen for the past 4 years and travelling back and forth to see him. This past May we just had a baby and we are thinking about getting married. We want to just go and get married at the JOP down in the state where he lives, but i plan on coming back to Canada to stay. We plan on him moving to Canada in the next year or so. I was wondering if it is 1) illegal for me to marry him without getting a fiance visa first 2) if i will be denied entry the next time i go to visit because i'm married to him?

I have no intent to stay illegally in the U.S and will show ties to Canada,such as apartment lease and employment letter. I don't want to jeopardize visiting him, especially for the sake of our child. It's hard enough being apart as it is, but to be inadmissable all together would be killer. He is inadmissable in Canada right now, however we are working on his Pardon and Rehabilitation to get him to travel here.

Any answers would be greatly appreciated.

Thanks

I would strongly recommend against that plan, given your Fiancé’s status in traveling to Canada. These plans will severely jeopardize your ability to travel to the US going forward. You will be left with Mexico as a meeting point….

What do you intend to gain here? I suggest you square away the issues that preclude your Fiancé from moving to Canada and go from there.

Thank you for your response. We just want to finally be married. I have no intentions of trying to fraud the system. We anticipate that we will be away from each other for a while. I don't want to move to the U.S for a good few years. We rather him come here and maybe 3/4 years relocate to the U.S. (Legally of course). I just didn't see it as a problem if we want to be married, but me not live there and visit him until he gets through. I mean we already have a baby, and my last visit, I was pulled aside and questioned and luckily had a nice I/O, who explained that in my future travel to bring more proof of ties to Canada. I just figure that being married or not, the fact that we already have a child together, still poses a problem regardless when I try to cross over. I'm new to all of this and have been researching via the WWW, I haven't spoken with any lawyers or anything yet.

I just don't want to end up not being able to see him at all, as he is still unable to come here, but even without being married, i'm walking on egg shells each time I travel. I leave this coming Sunday and Im so nervous. I feel as if i'm doing something wrong each time and I'm not. It's just so frustrating that it's such work to just be with the one you love. However, I understand that the law is the law, and it's needed to prevent the people that aren't in love and abusing the system from entering and living in the U.S / Canada.

So basically your saying stray away from this. Say upon his Pardon he is granted admission into Canada. What route would be best? K-1 Visa? Is it not a good idea all together to marry first? What about a K-3?

Thanks.

Edited December 2, 2008 by candbacon

[William33 110]

Hi. I'm a Canadian Citizen who has been dating an American citizen for the past 4 years and travelling back and forth to see him. This past May we just had a baby and we are thinking about getting married. We want to just go and get married at the JOP down in the state where he lives, but i plan on coming back to Canada to stay. We plan on him moving to Canada in the next year or so. I was wondering if it is 1) illegal for me to marry him without getting a fiance visa first 2) if i will be denied entry the next time i go to visit because i'm married to him?

I have no intent to stay illegally in the U.S and will show ties to Canada,such as apartment lease and employment letter. I don't want to jeopardize visiting him, especially for the sake of our child. It's hard enough being apart as it is, but to be inadmissable all together would be killer. He is inadmissable in Canada right now, however we are working on his Pardon and Rehabilitation to get him to travel here.

Any answers would be greatly appreciated.

Thanks

I would strongly recommend against that plan, given your Fiancé's status in traveling to Canada. These plans will severely jeopardize your ability to travel to the US going forward. You will be left with Mexico as a meeting point….

What do you intend to gain here? I suggest you square away the issues that preclude your Fiancé from moving to Canada and go from there.

Thank you for your response. We just want to finally be married. I have no intentions of trying to fraud the system. We anticipate that we will be away from each other for a while. I don't want to move to the U.S for a good few years. We rather him come here and maybe 3/4 years relocate to the U.S. (Legally of course). I just didn't see it as a problem if we want to be married, but me not live there and visit him until he gets through. I mean we already have a baby, and my last visit, I was pulled aside and questioned and luckily had a nice I/O, who explained that in my future travel to bring more proof of ties to Canada. I just figure that being married or not, the fact that we already have a child together, still poses a problem regardless when I try to cross over. I'm new to all of this and have been researching via the WWW, I haven't spoken with any lawyers or anything yet.

I just don't want to end up not being able to see him at all, as he is still unable to come here, but even without being married, i'm walking on egg shells each time I travel. I leave this coming Sunday and Im so nervous. I feel as if i'm doing something wrong each time and I'm not. It's just so frustrating that it's such work to just be with the one you love. However, I understand that the law is the law, and it's needed to prevent the people that aren't in love and abusing the system from entering and living in the U.S / Canada.

So basically your saying stray away from this. Say upon his Pardon he is granted admission into Canada. What route would be best? K-1 Visa? Is it not a good idea all together to marry first? What about a K-3?

Thanks.

When crossing into the USA, don't mention Fiance, your child and so forth. Immigration people are heartless, as policy is their #1 job.

I understand you and do not doubt the integrity of your intentions. I am suggesting that you will further jeopardize and perhaps, invite further issues at the border if you get married now. You have already outlined some difficulty on the border as it is. Being apart sux, we did it for 11 months, after living together for 5 years (outside the USA). We now have a baby and life is good.

I suggest you maintain the "status quo", visit the US at will, while getting the Canada issues squared away ASAP.

At the end of the day, you will be together as a family. If you attempt to “sidestep” the process, you will likely get burned.

All the best to you guys.

Seek out other opinions for balance.

[Mrs. P 6]

Hi. I'm a Canadian Citizen who has been dating an American citizen for the past 4 years and travelling back and forth to see him. This past May we just had a baby and we are thinking about getting married. We want to just go and get married at the JOP down in the state where he lives, but i plan on coming back to Canada to stay. We plan on him moving to Canada in the next year or so. I was wondering if it is 1) illegal for me to marry him without getting a fiance visa first 2) if i will be denied entry the next time i go to visit because i'm married to him?

I have no intent to stay illegally in the U.S and will show ties to Canada,such as apartment lease and employment letter. I don't want to jeopardize visiting him, especially for the sake of our child. It's hard enough being apart as it is, but to be inadmissable all together would be killer. He is inadmissable in Canada right now, however we are working on his Pardon and Rehabilitation to get him to travel here.

Any answers would be greatly appreciated.

Thanks

I would strongly recommend against that plan, given your Fiancé's status in traveling to Canada. These plans will severely jeopardize your ability to travel to the US going forward. You will be left with Mexico as a meeting point….

What do you intend to gain here? I suggest you square away the issues that preclude your Fiancé from moving to Canada and go from there.

Thank you for your response. We just want to finally be married. I have no intentions of trying to fraud the system. We anticipate that we will be away from each other for a while. I don't want to move to the U.S for a good few years. We rather him come here and maybe 3/4 years relocate to the U.S. (Legally of course). I just didn't see it as a problem if we want to be married, but me not live there and visit him until he gets through. I mean we already have a baby, and my last visit, I was pulled aside and questioned and luckily had a nice I/O, who explained that in my future travel to bring more proof of ties to Canada. I just figure that being married or not, the fact that we already have a child together, still poses a problem regardless when I try to cross over. I'm new to all of this and have been researching via the WWW, I haven't spoken with any lawyers or anything yet.

I just don't want to end up not being able to see him at all, as he is still unable to come here, but even without being married, i'm walking on egg shells each time I travel. I leave this coming Sunday and Im so nervous. I feel as if i'm doing something wrong each time and I'm not. It's just so frustrating that it's such work to just be with the one you love. However, I understand that the law is the law, and it's needed to prevent the people that aren't in love and abusing the system from entering and living in the U.S / Canada.

So basically your saying stray away from this. Say upon his Pardon he is granted admission into Canada. What route would be best? K-1 Visa? Is it not a good idea all together to marry first? What about a K-3?

Thanks.

When crossing into the USA, don't mention Fiance, your child and so forth. Immigration people are heartless, as policy is their #1 job.

I understand you and do not doubt the integrity of your intentions. I am suggesting that you will further jeopardize and perhaps, invite further issues at the border if you get married now. You have already outlined some difficulty on the border as it is. Being apart sux, we did it for 11 months, after living together for 5 years (outside the USA). We now have a baby and life is good.

I suggest you maintain the "status quo", visit the US at will, while getting the Canada issues squared away ASAP.

At the end of the day, you will be together as a family. If you attempt to “sidestep” the process, you will likely get burned.

All the best to you guys.

Seek out other opinions for balance.

When you say not to mention my fiance or child, do you mean don't mention the baby is fathered by my boyfriend. I am travelling with the baby and I wouldn't refer to him as my fiance rather my boyfriend (reason I say this is because we haven't had that official proposal we have just been discussing it)? I know they are heartless, that's what makes me so nervous!

I'm happy that all has worked out for you and your family!! I too can't wait for that day when we are all together.

I have another question, how would they know I was married if I did not disclose that to him, once again I have no intentions of lying, because I know the pentalties are far greater than I anything I'd want to deal with, but I've been curious to how they know you are married, if it's something that shows up in their system.

Thanks again

Edited December 2, 2008 by candbacon

[William33 110]

Hi. I'm a Canadian Citizen who has been dating an American citizen for the past 4 years and travelling back and forth to see him. This past May we just had a baby and we are thinking about getting married. We want to just go and get married at the JOP down in the state where he lives, but i plan on coming back to Canada to stay. We plan on him moving to Canada in the next year or so. I was wondering if it is 1) illegal for me to marry him without getting a fiance visa first 2) if i will be denied entry the next time i go to visit because i'm married to him?

I have no intent to stay illegally in the U.S and will show ties to Canada,such as apartment lease and employment letter. I don't want to jeopardize visiting him, especially for the sake of our child. It's hard enough being apart as it is, but to be inadmissable all together would be killer. He is inadmissable in Canada right now, however we are working on his Pardon and Rehabilitation to get him to travel here.

Any answers would be greatly appreciated.

Thanks

I would strongly recommend against that plan, given your Fiancé's status in traveling to Canada. These plans will severely jeopardize your ability to travel to the US going forward. You will be left with Mexico as a meeting point….

What do you intend to gain here? I suggest you square away the issues that preclude your Fiancé from moving to Canada and go from there.

Thank you for your response. We just want to finally be married. I have no intentions of trying to fraud the system. We anticipate that we will be away from each other for a while. I don't want to move to the U.S for a good few years. We rather him come here and maybe 3/4 years relocate to the U.S. (Legally of course). I just didn't see it as a problem if we want to be married, but me not live there and visit him until he gets through. I mean we already have a baby, and my last visit, I was pulled aside and questioned and luckily had a nice I/O, who explained that in my future travel to bring more proof of ties to Canada. I just figure that being married or not, the fact that we already have a child together, still poses a problem regardless when I try to cross over. I'm new to all of this and have been researching via the WWW, I haven't spoken with any lawyers or anything yet.

I just don't want to end up not being able to see him at all, as he is still unable to come here, but even without being married, i'm walking on egg shells each time I travel. I leave this coming Sunday and Im so nervous. I feel as if i'm doing something wrong each time and I'm not. It's just so frustrating that it's such work to just be with the one you love. However, I understand that the law is the law, and it's needed to prevent the people that aren't in love and abusing the system from entering and living in the U.S / Canada.

So basically your saying stray away from this. Say upon his Pardon he is granted admission into Canada. What route would be best? K-1 Visa? Is it not a good idea all together to marry first? What about a K-3?

Thanks.

When crossing into the USA, don't mention Fiance, your child and so forth. Immigration people are heartless, as policy is their #1 job.

I understand you and do not doubt the integrity of your intentions. I am suggesting that you will further jeopardize and perhaps, invite further issues at the border if you get married now. You have already outlined some difficulty on the border as it is. Being apart sux, we did it for 11 months, after living together for 5 years (outside the USA). We now have a baby and life is good.

I suggest you maintain the "status quo", visit the US at will, while getting the Canada issues squared away ASAP.

At the end of the day, you will be together as a family. If you attempt to "sidestep" the process, you will likely get burned.

All the best to you guys.

Seek out other opinions for balance.

When you say not to mention my fiance or child, do you mean don't mention the baby is fathered by my boyfriend. I am travelling with the baby and I wouldn't refer to him as my fiance rather my boyfriend (reason I say this is because we haven't had that official proposal we have just been discussing it)? I know they are heartless, that's what makes me so nervous!

I'm happy that all has worked out for you and your family!! I too can't wait for that day when we are all together.

I have another question, how would they know I was married if I did not disclose that to him, once again I have no intentions of lying, because I know the pentalties are far greater than I anything I'd want to deal with, but I've been curious to how they know you are married, if it's something that shows up in their system.

Thanks again

I would say "boyfriend only". Here is why:

Does your USA marriage show up in a computer system? Unknown at this point. I previously worked for a USG department that checked everyone crossing the border (or arrived from overseas via air), but I cannot ascertain the checks conducted today.

After 9/11 the USG, having created the Department of Homeland Security; will probably go very deep into your history. Play it safe and follow the previous advice.

[Carlawarla 1]

Hi. I'm a Canadian Citizen who has been dating an American citizen for the past 4 years and travelling back and forth to see him. This past May we just had a baby and we are thinking about getting married. We want to just go and get married at the JOP down in the state where he lives, but i plan on coming back to Canada to stay. We plan on him moving to Canada in the next year or so. I was wondering if it is 1) illegal for me to marry him without getting a fiance visa first 2) if i will be denied entry the next time i go to visit because i'm married to him?

I have no intent to stay illegally in the U.S and will show ties to Canada,such as apartment lease and employment letter. I don't want to jeopardize visiting him, especially for the sake of our child. It's hard enough being apart as it is, but to be inadmissable all together would be killer. He is inadmissable in Canada right now, however we are working on his Pardon and Rehabilitation to get him to travel here.

Any answers would be greatly appreciated.

Thanks

Hello candbacon! Welcome to VJ! A few things you need to know. You can get married in the US, of course! As long as you have ties to Canada, such as you stated, you're welcome to visit here, even if your intent is to marry. The only time there is a concern, and which might invite questions at the border is if you have intent to stay here. I would suggest that during the visit you come to the US when you're getting married, that you just say that you're coming to visit.

You say you have no intention at this time to immigrate to the US, so K-1's, or whatever information you've gleaned from this site, is not for you. This is information you might need along the way when you're thinking of immigrating to the US.

Canadians who want information about their partners immigrating to Canada can go to:

http://www.roadtocanada.com/

Like here, this is the site you'll want to talk about someone immigrating TO Canada.

You mention that your fiance has some issues which will need to be dealt with before he can consider moving to Canada. Hopefully there will be people on that site which can assist you.

At anytime in the process, which might be lengthly or difficult for him, you decide to immigrate to the US, then we have lots of information for you.

Drop into the Canada forum here on VJ at this link if you have any questions about visiting, and things you need to know insofar as that aspect goes.

http://www.visajourney.com/forums/index.php?showforum=93

There is nothing wrong with your plan unless there is no way your fiance could move to Canada in which case you'll need to look at moving to the US.

[trailmix 77]

Hello candbacon! Welcome to VJ! A few things you need to know. You can get married in the US, of course! As long as you have ties to Canada, such as you stated, you're welcome to visit here, even if your intent is to marry. The only time there is a concern, and which might invite questions at the border is if you have intent to stay here. I would suggest that during the visit you come to the US when you're getting married, that you just say that you're coming to visit.

You say you have no intention at this time to immigrate to the US, so K-1's, or whatever information you've gleaned from this site, is not for you. This is information you might need along the way when you're thinking of immigrating to the US.

Canadians who want information about their partners immigrating to Canada can go to:

http://www.roadtocanada.com/

Like here, this is the site you'll want to talk about someone immigrating TO Canada.

You mention that your fiance has some issues which will need to be dealt with before he can consider moving to Canada. Hopefully there will be people on that site which can assist you.

At anytime in the process, which might be lengthly or difficult for him, you decide to immigrate to the US, then we have lots of information for you.

Drop into the Canada forum here on VJ at this link if you have any questions about visiting, and things you need to know insofar as that aspect goes.

http://www.visajourney.com/forums/index.php?showforum=93

There is nothing wrong with your plan unless there is no way your fiance could move to Canada in which case you'll need to look at moving to the US.

Excellent advice as always Carla

[ruby_mtl 0]

Hello candbacon,

Try not to be too nervous about going to the States. I just come back from spending 2 weeks with my fiancé. We have 2 daughters together and the truck was full of stuff. The border guy asked us a few questions and let us right in. I know that some are not that nice, but I would stay positive.

regarding your intention to marry, maybe I don't know enoug, but I really don't see how that would make it more difficult for you. especially if you have proof of you ties to Canada everytime you travel to the States. the border guy asked me about 3 times if I intended to leave in the US. I replied "yes, but not for the moment" every time. He later asked if we started any legal proceedings and that's when I said we applied for K1 in October.

Just go with a positive mind and aswer questions truthfully. I also traveled many times with our 1st daughter, VERY pregnant with the 2nd , always said I was visiting my boyfriend/father of my children, and never had a problem. Maybe I was just lucky.

The best of luck to u!!!!

[Mrs. P 6]

Hi. I'm a Canadian Citizen who has been dating an American citizen for the past 4 years and travelling back and forth to see him. This past May we just had a baby and we are thinking about getting married. We want to just go and get married at the JOP down in the state where he lives, but i plan on coming back to Canada to stay. We plan on him moving to Canada in the next year or so. I was wondering if it is 1) illegal for me to marry him without getting a fiance visa first 2) if i will be denied entry the next time i go to visit because i'm married to him?

I have no intent to stay illegally in the U.S and will show ties to Canada,such as apartment lease and employment letter. I don't want to jeopardize visiting him, especially for the sake of our child. It's hard enough being apart as it is, but to be inadmissable all together would be killer. He is inadmissable in Canada right now, however we are working on his Pardon and Rehabilitation to get him to travel here.

Any answers would be greatly appreciated.

Thanks

Hello candbacon! Welcome to VJ! A few things you need to know. You can get married in the US, of course! As long as you have ties to Canada, such as you stated, you're welcome to visit here, even if your intent is to marry. The only time there is a concern, and which might invite questions at the border is if you have intent to stay here. I would suggest that during the visit you come to the US when you're getting married, that you just say that you're coming to visit.

You say you have no intention at this time to immigrate to the US, so K-1's, or whatever information you've gleaned from this site, is not for you. This is information you might need along the way when you're thinking of immigrating to the US.

Canadians who want information about their partners immigrating to Canada can go to:

http://www.roadtocanada.com/

Like here, this is the site you'll want to talk about someone immigrating TO Canada.

You mention that your fiance has some issues which will need to be dealt with before he can consider moving to Canada. Hopefully there will be people on that site which can assist you.

At anytime in the process, which might be lengthly or difficult for him, you decide to immigrate to the US, then we have lots of information for you.

Drop into the Canada forum here on VJ at this link if you have any questions about visiting, and things you need to know insofar as that aspect goes.

http://www.visajourney.com/forums/index.php?showforum=93

There is nothing wrong with your plan unless there is no way your fiance could move to Canada in which case you'll need to look at moving to the US.

Thank you so much Carlawarla, for your response. I know just trying to find out information via the internet isn't the best, but i just wanted to gather some opinions from people who have some knowledge of personal experience in regard to marrying someone outside their own country.

However, say in the event that he would not be able to move to Canada. If i'm already married then that would make it more difficult right? Well i mean difficult in seeing him. I know that he would be able to apply for a K-3 and the I-130 petition for me, however during that process we must remain apart right? See it's just so much more difficult because of the baby. I mean we can tough it out, but for the baby to be apart from him for a long while is what stresses me out. Also it would be illegal for me to go their on "visit" and then try to apply for whatever visa?

This is all so confusing. I just feel hopeless at times.

[Mrs. P 6]

Hello candbacon,

Try not to be too nervous about going to the States. I just come back from spending 2 weeks with my fiancé. We have 2 daughters together and the truck was full of stuff. The border guy asked us a few questions and let us right in. I know that some are not that nice, but I would stay positive.

regarding your intention to marry, maybe I don't know enoug, but I really don't see how that would make it more difficult for you. especially if you have proof of you ties to Canada everytime you travel to the States. the border guy asked me about 3 times if I intended to leave in the US. I replied "yes, but not for the moment" every time. He later asked if we started any legal proceedings and that's when I said we applied for K1 in October.

Just go with a positive mind and aswer questions truthfully. I also traveled many times with our 1st daughter, VERY pregnant with the 2nd , always said I was visiting my boyfriend/father of my children, and never had a problem. Maybe I was just lucky.

The best of luck to u!!!!

Thank you for your response ruby! See I find the border at buffalo to be a tough one. I'm flying out from Pearson this time, and have once before and they were fine with me crossing with the baby. I was only going for two weeks though. And in the summer i travelled through buffalo and got pulled aside because i was going for a month and half. This time i'm going for a month as well, I actually didn't want to go for so long, however, around the holidays, the flights are RIDICULOUSLY expensive, so I had to leave early december and return mid january in order to find a decent priced flight. I'm just wondering if they will give me trouble based on my length of stay. Plus i'm not working right now. I'm on Maternity leave until May. However, my boss is still going to write up a letter stating that I intend to return back to work in May. Do you think that would cause any problems?

see in your situation you have applied for a visa that allows you to enter and get married, in my case if we got married and i keep travelling to see him, they may think each time (since it's a different office each time) that I'm going to try and stay ane live illegally. I guess if I always bring proof of ties, then it should help me along.

[ruby_mtl 0]

I see...maybe if u explain your reason for staying so long, they will see you're in good faith. As far as them thinkiong that you might want to stay illegally, I guess it depends on the customs person.I don't think that you would have problems regarding your mat. leave (by the way our babies must be around the same age because I'm on Mat. leave til May as well!) You have something from your employer, I have nothing cause I quit when I left for my mat. leave.

Also, I think that if you explain your plan (only if you run into problems and they ask of course) they will see that you are going to return to Canada. Besides, what us canadians have to envy about the States...seriously? I did hear however that customs at airports are a bit tougher than the border people.

It's all about taking chances and hope for the best!

[trailmix 77]

Thank you so much Carlawarla, for your response. I know just trying to find out information via the internet isn't the best, but i just wanted to gather some opinions from people who have some knowledge of personal experience in regard to marrying someone outside their own country.

Nothing wrong with getting information via the internet, sometimes it is the best!

However, say in the event that he would not be able to move to Canada. If i'm already married then that would make it more difficult right? Well i mean difficult in seeing him.

No, it shouldn't be any harder to visit. As long as you have proof of ties to Canada with you and if they ask you explain that you are waiting for your Husband to be able to immigrate to Canada, you should be fine.

I know that he would be able to apply for a K-3 and the I-130 petition for me, however during that process we must remain apart right?

You don't HAVE to be apart - you just have to be in Canada (or some country other than the U.S.) - you can still visit of course.

Also it would be illegal for me to go their on "visit" and then try to apply for whatever visa?

Basically the answer to this is yes.

In a nutshell - if you enter the U.S., claiming you are going to visit and then trying to adjust your status - then what have you done? You have lied to the border officer when asked your intent when entering the U.S. Pretty much anytime you have to lie to a border officer, what you are doing is probably not legal

If it was ok for anyone to just cross in to the U.S. and stay then there would be no such thing as a K1 or K3 visa - there would be no need.

Now, of course, in the real world people probably do this all the time and don't get caught - however - and this is a big however - if you do get caught - my understanding is that you will be banned from entering the U.S. - that's a pretty big gamble in my opinion.

Try not to feel hopeless, really immigration is just a legal process you have to go through to live in another country - it's really not so hard, although it does involve having patience.

Your best bet is to read the guides and inform yourself about K3 visas and CR1 visas, so that when the time comes you will be ready to file to move to the U.S.

In the meantime, your only real, legal option is to visit your Husband to be while your file is being processed.

Edited December 2, 2008 by trailmix

[*julez* 124]

Well, if you are only going to apply for a K1, K3 or CR/IR1 and then go back to Canada and wait it out, that is perfectly A-OK. My fiance was visiting me in the US when we sent off the I-129f packet and that is legal. Now that you know you need a visa, if you come here, get married and apply to adjust status, then that is illegal.

[Carlawarla 1]

Well, if you are only going to apply for a K1, K3 or CR/IR1 and then go back to Canada and wait it out, that is perfectly A-OK. My fiance was visiting me in the US when we sent off the I-129f packet and that is legal. Now that you know you need a visa, if you come here, get married and apply to adjust status, then that is illegal.

No, not at this time julez. She's going to have her fiance...soon to be husband emigrate to Canada. So, no 129F, no CR/IR1, at least not yet.

Just remember to bring lots of evidence of ties to Canada. I'd have your employer write out that you're currently on maternity leave, and when you're expected back. Make sure it's on company letterhead as well. Just be honest candbacon, tell them he's going to be immigrating to Canada, and you're just going down for the holiday season. When you're married, it won't make it any easier or harder to visit either, so don't worry about that.

Enjoy your holiday!