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visacan

Entering US then getting married without visa

By visacan in K-3 Spouse Visa Process & Procedures

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visacan Rookie

visacan   0

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As a Canadian, if I enter the US as a tourist then get married then apply for the visa once inside the US is there a way to defend myself for coming in as a tourist the getting married? Or will i be kicked out for sure? I have been advised by my immigration lawyer that they wouldn't kick me out for sure, that it was just a possibility.

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
As a Canadian, if I enter the US as a tourist then get married then apply for the visa once inside the US is there a way to defend myself for coming in as a tourist the getting married? Or will i be kicked out for sure? I have been advised by my immigration lawyer that they wouldn't kick me out for sure, that it was just a possibility.

entering to marry as a non-immigrant is not the problem... entering to immigrate (marriage and STAY) is... However, the POE officer can deny your entry if he/she suspects that you will not depart...... even though you only plan to marry

YMMV

Y's_habibitk Mentor

Y's_habibitk   2

Posted
Filed: AOS (apr) Country: Jordan
 Timeline
Posted

its considered fraud to enter the US on a tourist visa WITH THE INTENT to marry and stay.

"you fondle my trigger then you blame my gun"

Timeline: 13 month long journey from filing to visa in hand

If you were lucky and got an approval and reunion with your loved one rather quickly; Please refrain from telling people who waited 6+ months just to get out of a service center to "chill out" or to "stop whining" It's insensitive,and unecessary. Once you walk a mile in their shoes you will understand and be heard.

Thanks!

Y's_habibitk Mentor

Y's_habibitk   2

Posted
Filed: AOS (apr) Country: Jordan
 Timeline
Posted

I think the point is that even as a canadian who does not require a visa...is entering the US "to visit" not to get married and adjust status

i dont think it would matter.

but, K-1 visas are getting approved rather quickly right now

"you fondle my trigger then you blame my gun"

Timeline: 13 month long journey from filing to visa in hand

If you were lucky and got an approval and reunion with your loved one rather quickly; Please refrain from telling people who waited 6+ months just to get out of a service center to "chill out" or to "stop whining" It's insensitive,and unecessary. Once you walk a mile in their shoes you will understand and be heard.

Thanks!

pushbrk Grand Master

pushbrk   13,108

Posted
Filed: Other Country: China
 Timeline
Posted
But as a Canadian we don't require a visa to enter the US. That's why I am asking if i was there as a visitor and got married while I was there is there any possibility of not getting the boot?

You can enter and marry because neither requires a visa. To enter using a visitor privilege when intending to "reside" or "immigrate" instead of "visit" is visa fraud, punishable by up to a lifetime ban from the USA. The correct procedure for those intending to enter and immigrate to the USA based on marriage to a US Citizen is for the US Citizen to file the appropriate visa petition for a fiance(e) or spouse as applicable.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Y's_habibitk Mentor

Y's_habibitk   2

Posted
Filed: AOS (apr) Country: Jordan
 Timeline
Posted
Will I be banned for sure? Why would my immigration lawyer suggest we go to city hall and get married if I was essentially committing visa fraud?

I dont know, but thats concerning

"you fondle my trigger then you blame my gun"

Timeline: 13 month long journey from filing to visa in hand

If you were lucky and got an approval and reunion with your loved one rather quickly; Please refrain from telling people who waited 6+ months just to get out of a service center to "chill out" or to "stop whining" It's insensitive,and unecessary. Once you walk a mile in their shoes you will understand and be heard.

Thanks!

pushbrk Grand Master

pushbrk   13,108

Posted
Filed: Other Country: China
 Timeline
Posted
Will I be banned for sure? Why would my immigration lawyer suggest we go to city hall and get married if I was essentially committing visa fraud?

You're not getting it. Getting married isn't the problem. You can get married and return to Canada without any issue. Circumventing US immigration law by using the Canada visitor program to immigrate is visa fraud. If they find you attempted to circumvent immigration law, yes they'll deport and ban you. It's a risk, not a surety. You've been informed of the risk. You make the judgment call.

It's important that you separate "marrying" and "immigrating" in your mind. They are not the same thing.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Y's_habibitk Mentor

Y's_habibitk   2

Posted
Filed: AOS (apr) Country: Jordan
 Timeline
Posted (edited)
Will I be banned for sure? Why would my immigration lawyer suggest we go to city hall and get married if I was essentially committing visa fraud?

You're not getting it. Getting married isn't the problem. You can get married and return to Canada without any issue. Circumventing US immigration law by using the Canada visitor program to immigrate is visa fraud. If they find you attempted to circumvent immigration law, yes they'll deport and ban you. It's a risk, not a surety. You've been informed of the risk. You make the judgment call.

It's important that you separate "marrying" and "immigrating" in your mind. They are not the same thing.

the OP posted the "idea/plan"..i think what the OP is saying, is that they told the lawyer also and the marriage was still recommened

clarify if im off base here visacan :)

editted...i called you canvisa, sorry :lol:

Edited by Y_habibitk

"you fondle my trigger then you blame my gun"

Timeline: 13 month long journey from filing to visa in hand

If you were lucky and got an approval and reunion with your loved one rather quickly; Please refrain from telling people who waited 6+ months just to get out of a service center to "chill out" or to "stop whining" It's insensitive,and unecessary. Once you walk a mile in their shoes you will understand and be heard.

Thanks!

milimelo Veteran

milimelo   4,554

Posted
Filed: Citizen (apr) Country: Bosnia-Herzegovina
 Timeline
Posted (edited)
Will I be banned for sure? Why would my immigration lawyer suggest we go to city hall and get married if I was essentially committing visa fraud?

Because some lawyers will tell you anything you want to hear for $$$.

Be wise, if you do get married in the US, file for immigrant visa, pack up, go back to Canada and wait for the process to run its course.

Edited by milimelo

ROC 2009
Naturalization 2010

raymaga Mentor

raymaga   25

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

It is perfectly legal to enter the U.S., marry a U.S. citizen and then apply for a spousal visa, BUT.... you must return to your home country and await approval of the visa.

It is illegal to enter the U.S., with the intent of marrying a U.S. citizen, and then staying in the U.S.

What you might be talking about is when a person enters the U.S. with a visitor visa and then SPONTANEOUSLY decides to get married to a U.S. citizen while here visiting. If you did not enter the U.S. with the "intent" of marrying and staying in the U.S., then it's alright. The illegal part comes in when you enter with intent to marry AND stay.

If you cannot prove to the immigration officer that you did not enter the U.S. to marry and stay, then you could be banned for life.

I personally would find it easier and less stressful to just do things legally and not worry about being banned for life.

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

pushbrk Grand Master

pushbrk   13,108

Posted
Filed: Other Country: China
 Timeline
Posted
Will I be banned for sure? Why would my immigration lawyer suggest we go to city hall and get married if I was essentially committing visa fraud?

Because some lawyers will tell you anything you want to hear for $$$.

Be wise, if you do get married in the US, file for immigrant visa, pack up, go back to Canada and wait for the process to run its course.

Just to clarify, if you're already in the USA and visited a US attorney who advised you to go ahead and marry and stay to adjust status, that's fine as long as your decision to marry occured after your most recent entry AND you stay until you have permanent resident status. For instance, if you came to visit your boyfriend for Christmas and he proposed, sure get married and stay because when you entered, you had no immigrant intent. The caveat is that this only works if you stay. If you leave, you're in the situation I've been describing because you'll be entering on a visitor program with intent to immigrate.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Y's_habibitk Mentor

Y's_habibitk   2

Posted
Filed: AOS (apr) Country: Jordan
 Timeline
Posted
Will I be banned for sure? Why would my immigration lawyer suggest we go to city hall and get married if I was essentially committing visa fraud?

I just want to add that your lawyer said this:

'I have been advised by my immigration lawyer that they wouldn't kick me out for sure, that it was just a possibility. '

ask yourself..if there was nothing wrong with his suggestion,why would you have a possibility of getting booted?

"you fondle my trigger then you blame my gun"

Timeline: 13 month long journey from filing to visa in hand

If you were lucky and got an approval and reunion with your loved one rather quickly; Please refrain from telling people who waited 6+ months just to get out of a service center to "chill out" or to "stop whining" It's insensitive,and unecessary. Once you walk a mile in their shoes you will understand and be heard.

Thanks!

jundp Mentor

jundp   191

Posted
Filed: Country: Germany
 Timeline
Posted

People do it, sure, but do you REALLY want to take that risk?

____________________________________

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"What difference does it make to the dead, the orphans, and the homeless, whether the mad destruction is wrought under the name of totalitarianism or the holy name of liberty and democracy?" ~Gandhi

 
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