Questions about visiting USA from Canada with intent to marry on trip

[garnet80 1]

Hello,

My fiance and I are planning for him to leave his home in Canada with his parents, to come see me in the USA (Kansas), for about a week. During this week, we plan to get married. We are hoping for Spring, 2010.

I gather it is legal for us to do so.

What I don't understand is if he can cross the border and say he is coming here to get married... or if they will turn him away, thinking he won't leave again. He WILL be leaving, with his parents, and then I will begin either the K3 or the CR1 (we'll figure that out later >.>), to get him back.

In another forum it was suggested he get a visitors visa... does this take care of everything?

Anyone with some insight into this? Google has not been my friend.

Thanks very much.

Edited September 4, 2009 by garnet80

[Marilyn. 340]

when he crosses the border he should follow these guidelines..

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

(borrowed from Flames sig)

[Danu 19]

Hello,

My fiance and I are planning for him to leave his home in Canada with his parents, to come see me in the USA (Kansas), for about a week. During this week, we plan to get married. We are hoping for Spring, 2010.

I gather it is legal for us to do so.

What I don't understand is if he can cross the border and say he is coming here to get married... or if they will turn him away, thinking he won't leave again. He WILL be leaving, with his parents, and then I will begin either the K3 or the CR1 (we'll figure that out later >.>), to get him back.

In another forum it was suggested he get a visitors visa... does this take care of everything?

Anyone with some insight into this? Google has not been my friend.

Thanks very much.

no, getting a visitor's visa doesn't help if hes trying to come marry you, plus we have waivers for that anyway. he needs to bring lots of proof hes going back, job info from his boss for example expecting him back on such a date, any bills, rent etc that are in his name to prove ties to Canada, and if he answers that you will be persuing a K3 or CR-1 upon his return to Canada the guard might be at least happy that you guys know the legal way to do things. That said, you could always get the one mean person who decides to turn him away, but those things should help him out.

[Kathryn41 3,205]

He is allowed to enter the US and get married as long as he isn't intending on remaining in the US and applying to adjust status. It is a toss-up at the border about what will happen. First, travellling with his parents is probably in his favour as they can also verify that he is returning to Canada after the wedding. He should arm himself with lots of evidence of his intentions to return to Canada - things like having a letter from his employer stating he is expected back at work on such and such a date; evidence of financial commitments he retains in Canada - an apartment lease, car payments, phone bills, insurance bills/policies, internet service, etc. He should only bring enough clothing with him for the time he will be staying - and no seasonally variable clothing so that if it is winter he doesn't have summer clothes, etc.

While you can plan for the CR-1 or K-3 most will tell you that the CR-1 is the route to go - it now takes about the same length of time as the K-3 and is both cheaper and better in terms of what you get, so you may want to decide that now. You can start planning for your I-130 petition to start the CR-1 once you are married and perhaps even include a photocopy of the petition to him to show at the border as further evidence of your intent.

He definitely doesn't want to 'lie' to the border officials but if not asked directly he doesn't need to volunteer that he is going to get married. If he is able to say that he and his parents are visiting his fiancee and her family for the week and will be returning on such and such a date, it will help. If asked about when he plans to marry he can say the date and reiterate that he is not intending to stay in the US after the marriage but that you two are going the CR-1 route and as soon as you get the marriage certificate will be submitting the I-130 to start the process.

Basically, he needs to be able to reassure the border authorities that he is not an immigration risk and the more evidence he can provide that he will be - and needs to be - returning to Canada, the better. His parents may also want to bring evidence of their own ties to Canada as well to prove their intentions and to help reinforce their son's.

Will the definitely let him across the border? No one can say - it will depend on the border guard that day when he applies to enter the US.

He could look into getting a B-2 visa and again he would need to convince the Consulate that his intentions are only to visit and that he will not be staying in the US on that visit. He will have an interview at the Consulate, I believe, so would need to provide the same sort of evidence to them. The good thing about this approach is that if he is denied, you will know it before he arrives at the border and you can make other plans.

Good luck. I am sure that there will be others who will give you the benefit of their expertise and experiences as well.

Edited September 4, 2009 by Kathryn41

[garnet80 1]

Thanks for the replies. Makes sense, and is also very disheartening. Seems like no matter what we do there can be no promise of our wedding. We would have just gone for the K1 route, except I am thinking we have too many red flags... I am 11 years older than he is (I'm 29, he is 18), I will be very recently divorced, and we will only have the one trip where we met IRL (can't afford more). Oh and we've only been together a year.

Feeling somewhat defeated before we even start.

[Danu 19]

Thanks for the replies. Makes sense, and is also very disheartening. Seems like no matter what we do there can be no promise of our wedding. We would have just gone for the K1 route, except I am thinking we have too many red flags... I am 11 years older than he is (I'm 29, he is 18), I will be very recently divorced, and we will only have the one trip where we met IRL (can't afford more). Oh and we've only been together a year.

Feeling somewhat defeated before we even start.

Don't feel disheartened. Age difference and all the rest for Canadians isn't a bit deal, neither is the amount of visits or time together. Theres quite a few people who have only met once, and have only been together a few short months and get through. Its all about having a real relationship. Age difference here isn't as looked down upon as it is in some other countries, it doesn't really go against our customs (theres lots of people with age differences here!) so its not seen as much of a red flag as if he were from some other area where generally the man is the much older one, but even then they can't use that as their reason for denying a visa, they must think its a fraudulent application. As long as you guys provide tons of info for proof of relationship at interview time he will be very well prepared. Its very hard to plan for a wedding when you don't know if someone will be able to make it, thats for sure. Just take a few deeps breaths. As long as he can prove that hes going to go back he should be ok. If they require more proof, he can get it and then try again. Make sure he comes down early before the wedding just to make sure that if something like that does happen that there is time to get extra proof if its needed.

[Inky 1,111]

good luck! keep ur head high, things arent always as bad as they seem.

[garnet80 1]

Thanks Danu. May I ask, after reading what you had to say about the red flags maybe not being so serious, do you think it could be smarter to do the K1? We are open to anything... hoping for the path of least resistance, lol.

We have tons of pictures, over a year of emails, snail mail cards/letters, skype logs. I think we will be fine in terms of proving our relationship is genuine, just as long as those red flag things I'm worried about really aren't an issue. We are crazy in love, and so happy. Just want to be together.

[Marilyn. 340]

I am 7 years older then my hubby.. it was never an issue in the visa process... I was 29 and he was 22 when we got married

plenty of people go down to the US to get married, with no problems..

if you are really worried about it though, would it be possible to get married in Canada?.....that is what me and my hubby did..

Edited September 4, 2009 by Marilyn.

[Danu 19]

well a k1 would let him get there to marry you, but its also more expensive as it requires him to do an adjustment of status after hes down there to be able to work/leave the country again. Its also still not a fool proof way to know when your wedding will be. I was hoping for the beginning of October and now I'm just settling for whenever the consulate actually gives me my interview. If its not a big ceremony that may not be a problem for you but if you're planning anything fancy its still a pain to plan around.

The CR-1 would let him work when he gets to the states, and leaving on visits if needed, no adjustment needed and its cheeper. In general it seems to be a bit better way to go, depending on what you want.

I guess it just depends on what you guys want to do, I think they are taking the same length of time at the moment, so I don't think one is faster or least resistant, you could always try to get him in for the day you want with the intention of doing CR-1 and if its too much hassle when he hits the border, file for K1 instead. I think if he has enough documentation it shouldn't be a problem as long as he knows what will be filed for, as well as his parents incase they are questioned, and as long as they say he his coming back with them and he shows the proof that hes expected back.

[garnet80 1]

Ahh, I see. Thank you. We are perhaps only doing a courthouse wedding... very small and fast.

I'm not sure he would have enough documentation? Due to the fact that he will be living at home until he moves here with me, he doesn't have a lease, insurance bills, utilities, etc. He will have a letter from his job... but thats about it.

The parents going along is really just hoped for right now, not a guarantee. So to make plans we can't count on them being along.

:/ Maybe we will try the K1 and if for whatever reason he is denied we will try the other way.

Thanks everyone. Grateful to have found this website, wonderful place.

Edited September 4, 2009 by garnet80

[Kurt y Dora 1]

Thanks for the replies. Makes sense, and is also very disheartening. Seems like no matter what we do there can be no promise of our wedding. We would have just gone for the K1 route, except I am thinking we have too many red flags... I am 11 years older than he is (I'm 29, he is 18), I will be very recently divorced, and we will only have the one trip where we met IRL (can't afford more). Oh and we've only been together a year.

Forgetting the fact you have only met once, at your ages, that IS a very large RELATIVE age difference in terms of his (im)maturity - you are 61% older than he is. Unless he is a very very mature 18 year old AND has had a lot of "experience" (i.e., no future inclination to discover what he "missed"), I would say the odds for a succesful relationship are not in your favor, regardless of nationalities and any cultural differences. I wouldn't worry about the POE officer questioning you, but I would suggest you question yourself. I am sure it has been known to work and statistics are just that - a number. Certainly there must be some marriages with 18 year old boys (I am sorry, he is not a man yet) marrying older women that have worked, but again, the two of your must have an extraordinary relationsip to have a greater than a low percentage of success. I don't know if any other poster brought this up (I didn't read all the responses), but I am willing to bet your story here raised a few eyebrows. Still, other than raising a final warning flag (that your own friends and family probably brought up and you chose to ignore) I wish you luck along with other posters' congratulatory wishes.

[Marilyn. 340]

Thanks for the replies. Makes sense, and is also very disheartening. Seems like no matter what we do there can be no promise of our wedding. We would have just gone for the K1 route, except I am thinking we have too many red flags... I am 11 years older than he is (I'm 29, he is 18), I will be very recently divorced, and we will only have the one trip where we met IRL (can't afford more). Oh and we've only been together a year.

Forgetting the fact you have only met once, at your ages, that IS a very large RELATIVE age difference in terms of his (im)maturity - you are 61% older than he is. Unless he is a very very mature 18 year old AND has had a lot of "experience" (i.e., no future inclination to discover what he "missed"), I would say the odds for a succesful relationship are not in your favor, regardless of nationalities and any cultural differences. I wouldn't worry about the POE officer questioning you, but I would suggest you question yourself. I am sure it has been known to work and statistics are just that - a number. Certainly there must be some marriages with 18 year old boys (I am sorry, he is not a man yet) marrying older women that have worked, but again, the two of your must have an extraordinary relationsip to have a greater than a low percentage of success. I don't know if any other poster brought this up (I didn't read all the responses), but I am willing to bet your story here raised a few eyebrows. Still, other than raising a final warning flag (that your own friends and family probably brought up and you chose to ignore) I wish you luck along with other posters' congratulatory wishes.

wow, actually the age difference didn't raise any eyebrows in this thread as far as I can tell...

I met my hubby when he was 20 years old and I was 27 yeah he was young but he seemed really mature for his age... I guess the age difference wasn't a big deal for us because here we are about 7 years later and we are still together...

Edited September 4, 2009 by Marilyn.

[Hugglebuggles 60]

I would just like to point out there are several cases from other countries, particularly the Philippines, where the petitioning USC is over 50 and the philipino fiancee or wife is barely 20 years old. Many of these people have little to no problems getting their visa. I don't see the age difference being a big problem for you. On top of that, USCIS has a requirement that you've met your SO once in the past two years. That's it, just once. So you've met that requirement as well. As long as you can demonstrate you have a real relationship, I think the odds of success are in your favor. At least as far as immigration goes.

[garnet80 1]

Well, all I can really say is that it's about the individuals, not the numbers. My fiance is exceptionally mature. If he wasn't, of course this wouldn't work. I was worried about our ages at first too, I won't lie. But it's HIM that I love, not his age. I don't see 18 when I look at him. I see him. And actually we have had support from both sets of parents, and friends. They know us, and know we are good for one another.

Thanks for the replies.