Getting married

[JimVaPhuong 4,863]

whatever happened to innocent until proven guilty? lol. do they say how you could prove there were no intentions to marry beforehand? because if they wanted to be rough about it it would be almost impossible to prove that.

If she had already arrived in the US on some other type of visa - tourist, student, H work visa, etc. - and you met each other after she arrived, then it would be pretty easy to prove. Being able to marry and apply for AOS while in the US on a different sort of visa was kind of designed for scenarios like that, where the foreigner met the US citizen after coming to the US. If they knew each other prior to the arrival of the foreigner and subsequently got married, then the intent of the original visa is going to be suspect.

Is there anyone way to prove it though even if we have met before? I know I have heard that if you wait like 3 months after she is here it will be less suspect, but I don't want to mess things up and not have her be able to come here, then I would have to try to get into canada and it is cold up there lol.

Now you're talking about dancing around the law. Don't do it. You know she would be coming here with the intention of getting married. Be honest, and do the right thing. The consequences for both of you can be severe if you lie on the forms. In the worst case, she could be banned for life, and you could go to jail.

[redglasses 1]

The K3/CR1 route is the best if you don't want to mess things up.

It's so much safer and better in a long run.

It's painful when you can't see your love, but your happily ever after will come true after this visa journey.

[MapleLeafBaby 1]

K1's in Canada are taking about 8 months. K3/CR-1 about a year.

She will likely have to go back for part of it. Be mindful if you live in West Coast, cause I believe all CR-1 visas are handled in Monteal and that is where the interview will be.

If you don't mind your fiancé not being able to work for the first few months until adjusting status, I would go for the K1 as it seems to be faster.

Canada does not require a visitor visa, so she could marry during a visit, just not overstay the 180 days.

[Moosker 7]

You just have to prove that she didn't cross the border, and INTEND to get married and stay. That's a really risky situation, and you need big proof. I went to school with someone who was deported because she did that very thing. Be careful in your "border decisions"! I know waiting is tough, but sometimes its better to wait and be together forever, rather than the other choice.

Good luck!

[Nik+Heather 121]

Most of us on this forum are spending many many many months apart from our loved ones. We all understand the pain of separation, but you won't find any support from us for going about this the wrong way. We are all here to learn how to do this the RIGHT way. Most of us are envious of you Canadian couples who can spend twice as long in the US together on a tourist visa!!

The earlier you resign yourself to the fact that you will actually have to spend some time apart, the easier that will be.

You should do this the right way. If not for the sole reason that it is the only legal way (which should be enough), but also because you don't want to create more stress for yourself - the process is nerve wracking enough, without flirting with bans from the US!

[MapleLeafBaby 1]

You just have to prove that she didn't cross the border, and INTEND to get married and stay. That's a really risky situation, and you need big proof. I went to school with someone who was deported because she did that very thing. Be careful in your "border decisions"! I know waiting is tough, but sometimes its better to wait and be together forever, rather than the other choice.

Good luck!

The only time that would affect them, is if she came over to marry, and stayed through her AOS as well, with never returning to Canada.

If she went on a visit and married, she is able to do that, and stay as a visitor up to but not exceeding 180 days. And she can totally do this, with every intention of getting married as she is a visitor. Trying to stay and adjust status and then proving you did not intend to marry is where you run into problems. And I can tell you, that with recent timelines, if they intent to follow the rules, she will likely have to come back for part of the process.

I still say K1 is faster through Canada right now... IF you don't mind her not being able to work until AOS kicks in.

[Ed+Cindy 1]

You have to be very careful doing this because if your fiancee comes on a tourist visa with the intent on getting married and immigrating, then she is commiting visa fraud, a serious crime.

Sounds like they are not planning this. They are planning to file for a visa and the spouse will just wait in the US while its processed.

[John and Camie 39]

Most of us on this forum are spending many many many months apart from our loved ones. We all understand the pain of separation, but you won't find any support from us for going about this the wrong way. We are all here to learn how to do this the RIGHT way. Most of us are envious of you Canadian couples who can spend twice as long in the US together on a tourist visa!!

The earlier you resign yourself to the fact that you will actually have to spend some time apart, the easier that will be.

You should do this the right way. If not for the sole reason that it is the only legal way (which should be enough), but also because you don't want to create more stress for yourself - the process is nerve wracking enough, without flirting with bans from the US!