Can you marry in the US, exit, then file for K3?

[jdm2006 0]

Hi!

I am Canadian with an American fiance, with me planning to eventually move to the US permanently. I live and work in Vancouver, BC while my fiance lives and works in Bellingham, WA. It is just an hour drive between us so we take turns visiting each other every weekend. The lawyer we consulted recommended 3 options: K1, One-Step Adjustment, and K3. As I did not want to be unemployed for any period while my immigration papers are being processed, it seems that our best choice would be the K3. The only hitch then would be that I may not be able to go down to the U.S. while the K3 is in process. We figured we can work with that as my husband (by then) can just drive up to Vancouver on weekends. Now, are dilemna is: where to get married? The lawyer said that we can get married either in Bellingham or Vancouver. Vancouver would be the safest bet but we had already planned for a Bellingham wedding (before we consulted the lawyer) so we'd be back to square one if we switch to Vancouver. He cautioned us though that should I get asked the "wrong question" on my entry the week we're getting married, I could be denied entry. Although, I only plan to ge married there, exit a few days after, then file for K3 and not entering the US while K3 is in process, I am also concerned about this coming back to me (preconceived intent) and affecting my K3 application. They can allege that I lied about the purpose of my last trip and on that basis, deny my K3 application. Has anyone been in this situation? Does the place of marriage really matter in a K3 application?

thanks a lot...

[canadian_wife 1,822]

The best choice is not the K-3. It is a slow, expensive, obsolete visa. You want to go for the Cr-1 which gives you immediate green card and work benefits.

Why won't you be able to go down and travel? Were you advised not to? It is perfectly legal and acceptable to go and visit while the visa is processing. Just bring strong ties to Canada when you go.

In this situation, it doesn't really matter but your lawyer is right, you NEVER want to lie to a CPB. You can go to the US, get married and return to Canada. That being said, if you tell the CPB that you are doing this then you are likely to get denied entry because of their assumption of illegal immigration.

There have been some posters who have gotten a misrepresentation charge when applying to enter the US and that can carry a hefty ban from the US (5 years I think) and then it just complicates your case. Safe bet - marry in Vancouver.

Good luck.

[trailmix 77]

Yes, I don't know why he would be suggesting the K3, the CR1 is a much better visa. You mention that you do not want to be unemployed for any period while your immigration papers are being processed - the process for K1 and K3 is basically identical - so you won't be able to work for a while.

Yes, the place where you get married for a K3 is important as you must interview in the country where you were married - however if you get married in the U.S. the default will then be the consulate in Canada.

With the K visas you apply as a fiance(e) or spouse, once approved you move to the U.S., get married (if K1) then you must do an Adjustment of Status. When you apply for that you can also apply for a EAD - employment authorization document. Until you receive that, or your green card, you can't work.

With the CR1, once you cross the border with your visa you are eligible to work.

There is nothing to say you can't visit while your paperwork is being processed, just bring strong proof of ties to Canada. I don't think there is much of a problem with intent to immigrate if you present the right proof when crossing the border. Bring a letter from your employer, stating when you are expected back to work. A copy of your lease, a bank statement, if you are enrolled in any courses, bring receipts etc etc.

All that said, it is 100% up to the border guard on the day to decide if they are going to let you in or not. It is entirely possible that if you show up at the border with a wedding dress and tell them you are off to be married that they may turn you back. No one here - or anywhere can tell you with 100% accuracy that this might not happen. There are several Canadians (obviously) that have gotten married in the U.S. - it's possible, it's legal - just no guarantee that you will be admitted entry.

One other thing to consider. If you apply for a CR1 visa, your interview will be in Montreal. If you apply for a K visa, your interview will be in Vancouver.

Good luck

Edited October 6, 2009 by trailmix

[jdm2006 0]

@ Canadian wife and trailmix: Thank you both for your replies...

I figured myself that a CR-1 would be better. The lawyer we consulted did not even mention it until I brought it up. And the only reason he's recommending K3 is that it's faster than the CR-1. As I understand, a K3 does not grant me permission to work in the U.S. After being issued a K3, I still have to file for an EAD, right? While CR1 may take longer, at least it grants me authorization to work right away. Workwise, I plan to just continue working in Canada and quit my job only when I find work in the U.S. That way, I won't be unemployed for any period of time. ;-)

As to where we're getting married, I guess it depends on my risk tolerance ;-)

As to visiting while papers are in process, I agree that it could just be a matter of who you have at the border. But if someone at the border denies you entry, does this affect your pending application?

Thanks again...

[pushbrk 12,895]

@ Canadian wife and trailmix: Thank you both for your replies...

I figured myself that a CR-1 would be better. The lawyer we consulted did not even mention it until I brought it up. And the only reason he's recommending K3 is that it's faster than the CR-1. As I understand, a K3 does not grant me permission to work in the U.S. After being issued a K3, I still have to file for an EAD, right? While CR1 may take longer, at least it grants me authorization to work right away. Workwise, I plan to just continue working in Canada and quit my job only when I find work in the U.S. That way, I won't be unemployed for any period of time. ;-)

As to where we're getting married, I guess it depends on my risk tolerance ;-)

As to visiting while papers are in process, I agree that it could just be a matter of who you have at the border. But if someone at the border denies you entry, does this affect your pending application?

Thanks again...

The lawyer may or may not be aware that K3 isn't faster anymore except in Western Canada but you can be sure he knows he can charge more to file two petitions than one and more again to handle the AOS later.