A few more questions on getting married.

[rgburress 0]

OK so after doing a lot of reading on other posts and stuff on here I just had a few other questions. I read on one of the reply's to someone that if my fiance comes here with intent to marry me it is not illegal as long as we still plan on filing the proper paper work and she does not overstay her 180 days (for Canadian) is this true? can I bring her here, marry her, file the paperwork and if the process is not complete within 180 days just have her go back to Canada for a little bit until it is finished? Technically doing this would mean we had no intentions committing fraud because we plan to have her leave at the end of 180 days if process is not complete. I understand she would have to go back to Canada for the interview and to get the visa even if the petition process is complete in the 180 days. Can they say this is fraud when we had no intentions of having her move here until we get the proper visa?

[thegordons2009 1]

From everything I read, and asking a lot of questions - the answer in my mind is YES. You can do that. We are doing that. And during the visa process we will visit each other.

[Moosker 7]

No it's definitely illegal to even "think" about bringing her over and "oh, how convenient, we decided to get married!!!" If she has no strong ties (for example: a steady job/career, loans, rental agreements, etc.) then they will consider it visa fraud. They can find out how long she has been visiting the U.S. as well, when they scan your passport all your information comes up! So please be careful. I know it's hard being apart, but it's sometimes the choice you make I can't believe (now that's it's all over) how fast it really seemed to go! Start the K-1 fiance visa process if you're considering doing the U.S. wedding. Definitely think about the pros & cons. If it's visa fraud there is no way ever that she'd be allowed to move back to the U.S. to consider all of your options!

Good luck with all your research!

[Wis-Can 0]

I don't think that's right...but I am far from an expert! If they get married, and she returns back to Canada to wait for the paperwork to complete (and hopefully be approved), how is that fraud? Its my understanding if she went there with the intent to get married and stay then yes. Someone correct me if I am wrong on this.

[JimVaPhuong 4,863]

Ok, you're talking about having her come here, then both of you get married, and then you file for a CR1. You're NOT talking about having her come here, get married, and then file for AOS. Right? Just want to make sure I understand you.

Yeah, I don't see where that's a problem. Nothing illegal there. She should be honest with the CBP officer, and that she intends to marry while in the US. She should also be prepared to show VERY STRONG evidence that she will return to Canada before her time expires. If she's honest with the CBP officer then it might be optimistic to think she'll be allowed entry for 180 days. The officer is going to have a hard time believing that she has strong ties to Canada, and yet she can afford to leave those ties behind for 6 months.

No it's definitely illegal to even "think" about bringing her over and "oh, how convenient, we decided to get married!!!" If she has no strong ties (for example: a steady job/career, loans, rental agreements, etc.) then they will consider it visa fraud. They can find out how long she has been visiting the U.S. as well, when they scan your passport all your information comes up! So please be careful. I know it's hard being apart, but it's sometimes the choice you make I can't believe (now that's it's all over) how fast it really seemed to go! Start the K-1 fiance visa process if you're considering doing the U.S. wedding. Definitely think about the pros & cons. If it's visa fraud there is no way ever that she'd be allowed to move back to the U.S. to consider all of your options!

Good luck with all your research!

No, that's not true. It's not illegal to come into the US and get married on ANY type of visa. What's illegal is to come into the US with the intention of getting married on a visa not intended for that purpose, AND attempt to adjust status while here in the US. As long as she returns to Canada then she's broken no laws.

[blue123 0]

OK so after doing a lot of reading on other posts and stuff on here I just had a few other questions. I read on one of the reply's to someone that if my fiance comes here with intent to marry me it is not illegal as long as we still plan on filing the proper paper work and she does not overstay her 180 days (for Canadian) is this true? can I bring her here, marry her, file the paperwork and if the process is not complete within 180 days just have her go back to Canada for a little bit until it is finished? Technically doing this would mean we had no intentions committing fraud because we plan to have her leave at the end of 180 days if process is not complete. I understand she would have to go back to Canada for the interview and to get the visa even if the petition process is complete in the 180 days. Can they say this is fraud when we had no intentions of having her move here until we get the proper visa?

It is perfectly legal to come to the US with the intent of getting married, it is only illegal if you intend to get married and stay. You are fine, the only problem you could have is at the border, if she tells them she is coming to get married she will have to convince them that she intends to return. If she can't convince them she will be returning to Canada they may refuse entry. Better not to tell them unless they ask but don't lie and bring plenty of proof with ties to home country.

Good Luck!

[rgburress 0]

She has proof of ties to the country, name on a rental lease, job, loan, all that, so I don't think that is an issue, the problem is that if she stays for 180 days the she will have to quit the job, but that still is no grounds for proof of fraud. The plan for now is to have her come visit for a week or two, and if it happens that we decide we don't want to be apart anymore then we will get married and apply for the paperwork, she will call her job and explain it to them if we do happen to marry. If the processing takes longer then 180 days then she will just go back home for the hopefully short time left until she can get her visa to come back. From everything I have read I don't think that this can be considered fraud. Any body know something more that I don't? thanks for all of the other input as well.

[JimVaPhuong 4,863]

She has proof of ties to the country, name on a rental lease, job, loan, all that, so I don't think that is an issue, the problem is that if she stays for 180 days the she will have to quit the job, but that still is no grounds for proof of fraud. The plan for now is to have her come visit for a week or two, and if it happens that we decide we don't want to be apart anymore then we will get married and apply for the paperwork, she will call her job and explain it to them if we do happen to marry. If the processing takes longer then 180 days then she will just go back home for the hopefully short time left until she can get her visa to come back. From everything I have read I don't think that this can be considered fraud. Any body know something more that I don't? thanks for all of the other input as well.

The type of visa fraud you're talking about doesn't occur until the foreigner applies for AOS after getting married in the US. It is at that point that their original intention when they crossed the border becomes relevant. As long as she doesn't try to adjust status while she's here in the US, and she returns to Canada, then there can be no question of fraud.

Now, having said that, that doesn't mean that the CBP officer isn't going to suspect fraudulent intent at the time she crosses the border. Make sure she doesn't bring anything with her that would reinforce that perception. For example, any documents that would normally be needed to adjust status should be left in Canada.

[rgburress 0]

She has proof of ties to the country, name on a rental lease, job, loan, all that, so I don't think that is an issue, the problem is that if she stays for 180 days the she will have to quit the job, but that still is no grounds for proof of fraud. The plan for now is to have her come visit for a week or two, and if it happens that we decide we don't want to be apart anymore then we will get married and apply for the paperwork, she will call her job and explain it to them if we do happen to marry. If the processing takes longer then 180 days then she will just go back home for the hopefully short time left until she can get her visa to come back. From everything I have read I don't think that this can be considered fraud. Any body know something more that I don't? thanks for all of the other input as well.

The type of visa fraud you're talking about doesn't occur until the foreigner applies for AOS after getting married in the US. It is at that point that their original intention when they crossed the border becomes relevant. As long as she doesn't try to adjust status while she's here in the US, and she returns to Canada, then there can be no question of fraud.

Now, having said that, that doesn't mean that the CBP officer isn't going to suspect fraudulent intent at the time she crosses the border. Make sure she doesn't bring anything with her that would reinforce that perception. For example, any documents that would normally be needed to adjust status should be left in Canada.

Ok cool, yeah we don't plan to be applying for status adjustment while she is here, we will just apply for the k3 or the Cr-1 while she is here, she will still have to go back to Canada for the interview and what not. She will basically only be bringing her proof of ties to the country and one small travel bag with her, so I don't expect any issues.

[Gary and Alla 3,694]

OK so after doing a lot of reading on other posts and stuff on here I just had a few other questions. I read on one of the reply's to someone that if my fiance comes here with intent to marry me it is not illegal as long as we still plan on filing the proper paper work and she does not overstay her 180 days (for Canadian) is this true? can I bring her here, marry her, file the paperwork and if the process is not complete within 180 days just have her go back to Canada for a little bit until it is finished? Technically doing this would mean we had no intentions committing fraud because we plan to have her leave at the end of 180 days if process is not complete. I understand she would have to go back to Canada for the interview and to get the visa even if the petition process is complete in the 180 days. Can they say this is fraud when we had no intentions of having her move here until we get the proper visa?

YES. She can do this.

No, it is not fraud if there are no overstays and she returns to complete the process. It is a benefit of being from a VWP country.

[franklie 0]

My $.02.

My wife and I married in San Diego. We filed an I-130 for a CR1 visa for her last August. She continues to live and work in Mexico but visits me here frequently in the US while we await the interview at the consulate. The interview is in two weeks.

It is NOT illegal (visa fraud) to get married in the US if one has only a tourist visa. It is also not illegal to visit the US on a tourist visa while the CR1/IR paperwork is being processed.

[Gary and Alla 3,694]

No it's definitely illegal to even "think" about bringing her over and "oh, how convenient, we decided to get married!!!" If she has no strong ties (for example: a steady job/career, loans, rental agreements, etc.) then they will consider it visa fraud. They can find out how long she has been visiting the U.S. as well, when they scan your passport all your information comes up! So please be careful. I know it's hard being apart, but it's sometimes the choice you make I can't believe (now that's it's all over) how fast it really seemed to go! Start the K-1 fiance visa process if you're considering doing the U.S. wedding. Definitely think about the pros & cons. If it's visa fraud there is no way ever that she'd be allowed to move back to the U.S. to consider all of your options!

Good luck with all your research!

Not correct. Anyone can come to the USA with the intent to get married. You don't think it is ALL US citizens at the Vegas chapels do you? If the fiancee comes her to get married, NO PROBLEM. Just file for a K-3 or CR-1 and you are fine. The fiancee can then stay as long as she (or he) is allowed under the VWP. Then goes back to their home country for the interview and returns on the K-3 or CR-1 visa. Perfectly legal. Of ocurse, if married, they cannot apply for a fiancee visa.

Where it becomes ILLEGAL is if they come with the intent to marry and then say "Oh, imagine that, I got married to someone I never met before I came" and try to adjust status from a visitor to LPR without going through the visa process. As long as they go through the visa process it is perfectly legal.

[rgburress 0]

Excellent, thank you everyone for the reply's, that means we can technically live together for 6 months before she even gets the visa and we will just be apart while we have here get the visa and interview done. This is great news, why do more people not talk about or consider this option? I haven't read much about it anywhere. Also on a add on to this, could she stay for 180 days while we await a fiances visa? That way we could stay 6 months together then another 3 when the k1 goes through, obviously still having to return home for the interview and what not. just to make sure were not rushing things on marriage.

[Dave 'n' Hai Au 0]

I think the reason a lot of people don't do that is because it means you do not have a job in your home country and most people don't have enough savings to make payments for house or rent, car, utilities, bills etc. In Vn., most younger people don't have the assets to prove they will return to VN. so it is very difficult to even get a visitors visa. These are a couple reasons that come to mind, I am sure there are others. Good Luck on your journey!!

[JimVaPhuong 4,863]

Excellent, thank you everyone for the reply's, that means we can technically live together for 6 months before she even gets the visa and we will just be apart while we have here get the visa and interview done. This is great news, why do more people not talk about or consider this option? I haven't read much about it anywhere. Also on a add on to this, could she stay for 180 days while we await a fiances visa? That way we could stay 6 months together then another 3 when the k1 goes through, obviously still having to return home for the interview and what not. just to make sure were not rushing things on marriage.

You don't see many people talk about it because for most people it's not practical. How can you have strong ties to your home country, and yet be able to leave those ties behind for six months at a time? When the alien presents themselves to the CBP, provides the evidence of strong ties to their home country, and then asks for a 6 month stay, it's going to sound to them like the alien is cutting those ties as of now. They may not grant her permission to stay for 6 months, and might even deny her entry entirely if they suspect she isn't going to leave when she's supposed to. It's entirely at their discretion.

If you think there's any chance at all that you might be rushing things on marriage, then you probably shouldn't file the petition for the K1 visa yet. This is a long and expensive process. You shouldn't begin this journey unless you're sure you'll be saying "I do" at the end of the road.