Candian marrying American in U.S.

[MacTO 6]

I apologize in advance if this question has been already asked hundreds of times before. I am very new to this. I read one thread about a fellow Canadian who visited her friend and ended up marrying him. And she was given advice to apply for AOS or to start K3 or CR-1 immediately. And this is where I'm not sure which steps to take for my situation, which isn't as innocent as hers.

I, Canadian, met my American girlfriend and we travelled back and forth to see each other. Then we decided to stay together, considering marriage. So, I made the move and now I am with her in the U.S. As we believed that it would be okay for me to stay for six months without any visa and I came, and now it's been just over four months, and we're planning to marry next month. My question is what process we should take, AOS or other, at this point and my long stay here in the U.S. could cause any problem for filing.

Today we came across this lady who married another Canadian but was left with no choice but filing for divorce when he was not able to re-enter the U.S. after attending his son's graduation in Canada. Of course, she told us that she didn't want to live in Canada. The reason why he was denied was because he had stayed in the U.S. illegally prior to their marriage. She said she heard it got very tougher since 9/11. I do not wish to go through that, and we're very afraid that something similar would happen to us. The lady even warned my girlfriend to look into the immigration process before actually marrying me! My girlfriend even confessed me that the lady scared her.

I do not wish to stay illegally here. Is it going to be okay as long as we marry and file for some type of spousal support? I do not end our relationship and go back to Canada. Please, enlighten me.

[DeadPoolX 9]

I apologize in advance if this question has been already asked hundreds of times before. I am very new to this. I read one thread about a fellow Canadian who visited her friend and ended up marrying him. And she was given advice to apply for AOS or to start K3 or CR-1 immediately. And this is where I'm not sure which steps to take for my situation, which isn't as innocent as hers.

I, Canadian, met my American girlfriend and we travelled back and forth to see each other. Then we decided to stay together, considering marriage. So, I made the move and now I am with her in the U.S. As we believed that it would be okay for me to stay for six months without any visa and I came, and now it's been just over four months, and we're planning to marry next month. My question is what process we should take, AOS or other, at this point and my long stay here in the U.S. could cause any problem for filing.

Today we came across this lady who married another Canadian but was left with no choice but filing for divorce when he was not able to re-enter the U.S. after attending his son's graduation in Canada. Of course, she told us that she didn't want to live in Canada. The reason why he was denied was because he had stayed in the U.S. illegally prior to their marriage. She said she heard it got very tougher since 9/11. I do not wish to go through that, and we're very afraid that something similar would happen to us. The lady even warned my girlfriend to look into the immigration process before actually marrying me! My girlfriend even confessed me that the lady scared her.

I do not wish to stay illegally here. Is it going to be okay as long as we marry and file for some type of spousal support? I do not end our relationship and go back to Canada. Please, enlighten me.

An American citizen and a foreigner (such as a Canadian citizen) may marry within the U.S. provided the marriage was not planned. In other words, if you visit your girlfriend and decide to get married out of the blue, that's okay. However, if you plan it all ahead of time, that's not. I realize that makes no sense, but neither does immigration.

I'm unsure about the K3/CR1 visas when already in the United States. It was to my understanding (and I might be wrong about this) that you'd need to stay in each other's respective countries while the visa gets processed. Seeing as how I immigrated to Canada (I'm the American citizen) instead of immigrating to the U.S. (as most did here), I may not be the best person to advise you on this. I'm sure many other people in this forum can answer this problem.

A Canadian citizen may legally stay within the U.S. for up to six months. The same is true of an American citizen if visiting Canada. However, if you stay longer than six months, you're then considered "out of status." If you haven't stay six months or longer, you shouldn't have a problem dealing with U.S. immigration; however, you can't PLAN to marry when in the United States (like I explained up above). You have to show that it was a spur-of-the-moment decision.

If you stay longer than six months (like that woman's husband did in your example) and leave the U.S. after that, being readmitted might be difficult. The U.S. can turn you away and in fact, place a ban on you as well. The trick here is to not stay over the six month mark as a visitor (which you will be unless you're a Permanent Resident or citizen).

You can start the immigration process BEFORE marriage, but that's a K1 visa. The K3 and CR1 are visas for couples who're already married. Whichever one you choose is up to you, but once you're legally married, the K1 is no longer an option.

Don't get scared. I realize that's "easier said than done," but the truth of the matter is that immigration is an incredibly difficult experience. You can get through it. Lots of people have done it before you.

[Wis-Can 0]

My only concern is that you stated "you made the move" to the US considering marriage and if this would be considered moving with intent to marry. If you left a job etc and actually "moved your life" here it may be hard for you to prove no previous intention to marry. We thought about me coming to the US and staying six months, seeing how it went, and then getting married but then it wasn't worth the consequences if I ended up deported. We did the K-1 visa, which seemed like it too forever but looking back it wasn't that bad. I am here now, legally and are getting married next month. I only wish the K-1 allowed more time the 90 days. I am sure more people with previous experience with this will post and give you advice. Good luck.

[trailmix 77]

Hi Mac and welcome,

It is perfectly legal for you two to get married in the U.S. (and congratulations on your upcoming marriage).

It is all about your intent when you cross the border. If you crossed the border purely intending to get married, or just visit, there is nothing wrong with that, you are free to visit the U.S. for 6 months at that point.

If your intent was to go to the U.S. and apply to stay (called Adjustment of Status) - that's not ok. In other words the actual 'marriage' has nothing to do with your 'intent' - it's what you plan to do afterwards.

So if you entered the U.S. legally, did not intend to take up residence there and adjust status when you crossed the border, then you are probably entitled to just adjust status (after you are married). Keep in mind that you may have to prove this somewhere along the line (do you have any proof of ties to Canada).

If this is not the case and you intended all along to stay in the U.S. without applying for a visa first, then you may want to consider applying for a CR1 visa, after you are married. This can take up to a year to process, so at some point you are going to have to return to Canada and of course you will have to return when you are called for your interview in Montreal.

Nothing to be worried about really, there are avenues to follow, i'm sure the woman you ran in to had a bad experience, but it's not your experience

Edited October 25, 2009 by trailmix

[Kathryn41 3,205]

I just want to add that if you plan to go the K-1 route or the CR-1 route (the K-3 isn't really recommended any more as it takes about the same length of time as the CR-1 and doesn't give you the green card), be sure you do not overstay your allowed time in the US. Since you already have plans to marry next month you really have 2 options:

A.) if you did not intend to get married and stay in the US when you last crossed the border, you can apply to Adjust your Status (AOS) from visitor to permanent resident (getting a 'green card'). You will need to stay in the US until the process is complete and you get your green card, or until you receive a document known as an Advance Parole, which is permission to travel out of the US and return while waiting for your green card (form I-131-). You apply for it at the same time as the AOS (form I-485). You may also apply for permission to work while waiting for your green card known as an Employment Authorization Document (EAD) (form I-765.) Your wife, as the US citizen, needs to file form I-130 - a petition to sponsor a Spouse/Family Member to the US - at the same time you file the I-485, and she also needs to provide an Affidavit of Support showing that she makes at least 125% of the poverty level so that you don't become a public charge (fun, eh?). You will also have to have an immigration medical (form I-693). You would then probably have a joint interview at your local USCIS office. If the application is denied, you are not allowed to appeal it but would need to leave the US and file for the CR-1 visa which may also include the need for a waiver for any out-of-status time that results in a ban.

B.) if you did intend to get married when you last entered the US, then you cannot apply for adjustment of status from within the US - it is considered visa fraud (using a visitor's visa to get an immigration benefit that requires a family based immigrant visa). In this case, your wife would file an I-130 (same as above), and you would return to Canada. Once the I-130 is approved, the immigration file then moves to the US Consulate in Montreal which sends you a package of information and forms that you must complete - the immigration medical, provide security checks, obtain the affidavit of support, and have an interview in Montreal. There is more involved than this, but that is the main idea. This would result in getting a green card when you crossed the border to move to the US.

C) If you decided not to get married next month, you could return to Canada and your fiance could start the K-1 fiance visa process by submitting a petition I-129f. Once approved, the process again moves to the Canadian Consulate either in Montreal or Vancouver and you go through a very similar process to the CR-1 with regards to gathering information, having a medical, providing security checks, affidavit of support, and having an interview. You would then have to ge married within 90 days of entering the US and applying for the AOS. (If it is denied in this case, you are allowed to appeal).

You might want to read over the various immigration forms mentioned above and read their instructions, along with the information on this site about these immigration processes.

Good luck.

Edited October 25, 2009 by Kathryn41

[antda 13]

Hi MacTO,

No, it's not illegal what you did, that you came to the US and get married while you were down here for a visit from Canada. As long as you came here WITHOUT the intention to get married in the first place on your visit and not do this as to avoid and/or break immigration laws, then it's fine and legal to do.

I was in the same situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa from Canada for 2 weeks, and then ended up getting married here in the USA, and overstayed, and then filed the paperwork with immigration. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

The next steps for you are:

1) DO NOT LEAVE THE USA AND DO NOT RETURN TO CANADA until your case has been fully approved, otherwise your case will be abandonded and you will run into the risk of never being able to come back to the ever USA again.

2) File the following paperwork: I-130 (Petiton for Family Member), I-485 (Adjustment of Status), I-864 (Affidavit of Support), I-765 and I-131 (Employment Authorization and Advanced Parole), and the I-693 (medical forms).

3) Hire a good immigration lawyer, if you run into any more problems, and/or if you are totally unsure about your situation.

Hope this helps. Good luck with your immigration journey.

Ant (Visited, Married, Immigrated, Living Happily Ever After In The USA...)

P.S. If you had "intention" you're probably better off filing for a K1 (fiance visa...go back to Canada, file the paperwork, get married in the USA, adjust status), K3 (marriage visa...go back to Canada, get married in Canada, file paperwork, come to the USA, adjust status), or CR (marriage visa...go back to Canada, get married in Canada, file paperwork, come to the USA...)

I apologize in advance if this question has been already asked hundreds of times before. I am very new to this. I read one thread about a fellow Canadian who visited her friend and ended up marrying him. And she was given advice to apply for AOS or to start K3 or CR-1 immediately. And this is where I'm not sure which steps to take for my situation, which isn't as innocent as hers.

I, Canadian, met my American girlfriend and we travelled back and forth to see each other. Then we decided to stay together, considering marriage. So, I made the move and now I am with her in the U.S. As we believed that it would be okay for me to stay for six months without any visa and I came, and now it's been just over four months, and we're planning to marry next month. My question is what process we should take, AOS or other, at this point and my long stay here in the U.S. could cause any problem for filing.

Today we came across this lady who married another Canadian but was left with no choice but filing for divorce when he was not able to re-enter the U.S. after attending his son's graduation in Canada. Of course, she told us that she didn't want to live in Canada. The reason why he was denied was because he had stayed in the U.S. illegally prior to their marriage. She said she heard it got very tougher since 9/11. I do not wish to go through that, and we're very afraid that something similar would happen to us. The lady even warned my girlfriend to look into the immigration process before actually marrying me! My girlfriend even confessed me that the lady scared her.

I do not wish to stay illegally here. Is it going to be okay as long as we marry and file for some type of spousal support? I do not end our relationship and go back to Canada. Please, enlighten me.

Edited October 25, 2009 by Ant+D+A

[raphael7546 0]

I apologize in advance if this question has been already asked hundreds of times before. I am very new to this. I read one thread about a fellow Canadian who visited her friend and ended up marrying him. And she was given advice to apply for AOS or to start K3 or CR-1 immediately. And this is where I'm not sure which steps to take for my situation, which isn't as innocent as hers.

I, Canadian, met my American girlfriend and we travelled back and forth to see each other. Then we decided to stay together, considering marriage. So, I made the move and now I am with her in the U.S. As we believed that it would be okay for me to stay for six months without any visa and I came, and now it's been just over four months, and we're planning to marry next month. My question is what process we should take, AOS or other, at this point and my long stay here in the U.S. could cause any problem for filing.

"Today we came across this lady who married another Canadian but was left with no choice but "filing for divorce when he was not able to re-enter the U.S. after attending his son's graduation in Canada. Of course, she told us that she didn't want to live in Canada. The reason why he was denied was because he had stayed in the U.S. illegally prior to their marriage. She said she heard it got very tougher since 9/11. I do not wish to go through that, and we're very afraid that something similar would happen to us. The lady even warned my girlfrien

d to look into the immigration process before actually marrying me! My girlfriend even confessed me that the lady scared her.

I do not wish to stay illegally here. Is it going to be okay as long as we marry and file for some type of spousal support? I do not end our relationship and go back to Canada. Please, enlighten me.

An American citizen and a foreigner (such as a Canadian citizen) may marry within the U.S. provided the marriage was not planned. In other words, if you visit your girlfriend and decide to get married out of the blue, that's okay. However, if you plan it all ahead of time, that's not. I realize that makes no sense, but neither does immigration.

I'm unsure about the K3/CR1 visas when already in the United States. It was to my understanding (and I might be wrong about this) that you'd need to stay in each other's respective countries while the visa gets processed. Seeing as how I immigrated to Canada (I'm the American citizen) instead of immigrating to the U.S. (as most did here), I may not be the best person to advise you on this. I'm sure many other people in this forum can answer this problem.

A Canadian citizen may legally stay within the U.S. for up to six months. The same is true of an American citizen if visiting Canada. However, if you stay longer than six months, you're then considered "out of status." If you haven't stay six months or longer, you shouldn't have a problem dealing with U.S. immigration; however, you can't PLAN to marry when in the United States (like I explained up above). You have to show that it was a spur-of-the-moment decision.

If you stay longer than six months (like that woman's husband did in your example) and leave the U.S. after that, being readmitted might be difficult. The U.S. can turn you away and in fact, place a ban on you as well. The trick here is to not stay over the six month mark as a visitor (which you will be unless you're a Permanent Resident or citizen).

You can start the immigration process BEFORE marriage, but that's a K1 visa. The K3 and CR1 are visas for couples who're already married. Whichever one you choose is up to you, but once you're legally married, the K1 is no longer an option.

Don't get scared. I realize that's "easier said than done," but the truth of the matter is that immigration is an incredibly difficult experience. You can get through it. Lots of people have done it before you.

An American citizen and a foreigner (such as a Canadian citizen) may marry within the U.S. provided the marriage was not planned. In other words, if you visit your girlfriend and decide to get married out of the blue, that's okay. However, if you plan it all ahead of time, that's not. I realize that makes no sense, but neither does immigration.

Everything else is right except this statement.

You can marry in the U.S. even planned but

you can't stay in the U.S.immediately following your marriage. That's the part that's illegal.

It's perfectly legal to marry in the usa, just can't stay right after the marriage. You would also have to come up with proof to the customs officer that you have no intentions of staying in the USA , You also have to have some very strong evidence stating that you have strong ties to Canada.

This of course is the hardest part. Believe me I know for fact as this happened to me. ( click on my name and read my story)

I think since you came down and just decided to marry and stay there should be fine. They may ask you a little more tougher questions at your AOS Interview but it should be fine.

Good Luck!

[DeadPoolX 9]

I apologize in advance if this question has been already asked hundreds of times before. I am very new to this. I read one thread about a fellow Canadian who visited her friend and ended up marrying him. And she was given advice to apply for AOS or to start K3 or CR-1 immediately. And this is where I'm not sure which steps to take for my situation, which isn't as innocent as hers.

I, Canadian, met my American girlfriend and we travelled back and forth to see each other. Then we decided to stay together, considering marriage. So, I made the move and now I am with her in the U.S. As we believed that it would be okay for me to stay for six months without any visa and I came, and now it's been just over four months, and we're planning to marry next month. My question is what process we should take, AOS or other, at this point and my long stay here in the U.S. could cause any problem for filing.

"Today we came across this lady who married another Canadian but was left with no choice but "filing for divorce when he was not able to re-enter the U.S. after attending his son's graduation in Canada. Of course, she told us that she didn't want to live in Canada. The reason why he was denied was because he had stayed in the U.S. illegally prior to their marriage. She said she heard it got very tougher since 9/11. I do not wish to go through that, and we're very afraid that something similar would happen to us. The lady even warned my girlfrien

d to look into the immigration process before actually marrying me! My girlfriend even confessed me that the lady scared her.

I do not wish to stay illegally here. Is it going to be okay as long as we marry and file for some type of spousal support? I do not end our relationship and go back to Canada. Please, enlighten me.

An American citizen and a foreigner (such as a Canadian citizen) may marry within the U.S. provided the marriage was not planned. In other words, if you visit your girlfriend and decide to get married out of the blue, that's okay. However, if you plan it all ahead of time, that's not. I realize that makes no sense, but neither does immigration.

I'm unsure about the K3/CR1 visas when already in the United States. It was to my understanding (and I might be wrong about this) that you'd need to stay in each other's respective countries while the visa gets processed. Seeing as how I immigrated to Canada (I'm the American citizen) instead of immigrating to the U.S. (as most did here), I may not be the best person to advise you on this. I'm sure many other people in this forum can answer this problem.

A Canadian citizen may legally stay within the U.S. for up to six months. The same is true of an American citizen if visiting Canada. However, if you stay longer than six months, you're then considered "out of status." If you haven't stay six months or longer, you shouldn't have a problem dealing with U.S. immigration; however, you can't PLAN to marry when in the United States (like I explained up above). You have to show that it was a spur-of-the-moment decision.

If you stay longer than six months (like that woman's husband did in your example) and leave the U.S. after that, being readmitted might be difficult. The U.S. can turn you away and in fact, place a ban on you as well. The trick here is to not stay over the six month mark as a visitor (which you will be unless you're a Permanent Resident or citizen).

You can start the immigration process BEFORE marriage, but that's a K1 visa. The K3 and CR1 are visas for couples who're already married. Whichever one you choose is up to you, but once you're legally married, the K1 is no longer an option.

Don't get scared. I realize that's "easier said than done," but the truth of the matter is that immigration is an incredibly difficult experience. You can get through it. Lots of people have done it before you.

An American citizen and a foreigner (such as a Canadian citizen) may marry within the U.S. provided the marriage was not planned. In other words, if you visit your girlfriend and decide to get married out of the blue, that's okay. However, if you plan it all ahead of time, that's not. I realize that makes no sense, but neither does immigration.

Everything else is right except this statement.

You can marry in the U.S. even planned but

you can't stay in the U.S.immediately following your marriage. That's the part that's illegal.

It's perfectly legal to marry in the usa, just can't stay right after the marriage. You would also have to come up with proof to the customs officer that you have no intentions of staying in the USA , You also have to have some very strong evidence stating that you have strong ties to Canada.

This of course is the hardest part. Believe me I know for fact as this happened to me. ( click on my name and read my story)

I think since you came down and just decided to marry and stay there should be fine. They may ask you a little more tougher questions at your AOS Interview but it should be fine.

Good Luck!

You can't enter the U.S. with the INTENT to get married. That doesn't mean you CAN'T get married in the U.S., but that's why it has to be unplanned or at least, a spur-of-the-moment decision.

This sort of thing has been discussed over and over again on here. If you want, you can check Kathryn's post in this thread (or anyone else's in this forum) if you don't believe me. The intent is what matters when coming to the U.S. and getting married.

Edited October 26, 2009 by DeadPoolX

[Marilyn. 340]

what? yes you can enter the US with the intent to get married...

what is not allowed is to enter the US to get married with the intent to stay and apply for AOS..

Edited October 26, 2009 by Marilyn.

[Flames9_RN 358]

You CAN enter the USA with the intent of getting married. Many do. Now its up to the POE officer to let you in or not! I entered the USA knowingly to marry, then left and started the process! Did I tel the PEO officer my intentions? No. Did he ask, No!

[DeadPoolX 9]

what? yes you can enter the US with the intent to get married...

what is not allowed is to enter the US to get married with the intent to stay and apply for AOS..

That's what I said. If you can't apply for AOS, what's the point? That's why you can't intend to get married. If you do, you'll have to be apart during the process. If you don't intend on getting married and suddenly decide to do so, you can stay and apply for AOS.

So as I said before, it's the intent that matters. B)

[Marilyn. 340]

huh? there are quite a few people who come to the US with the intent of getting married and then go back to their home country and apply for their visa...

Edited October 26, 2009 by Marilyn.

[DeadPoolX 9]

huh? there are quite a few people who get married in the US and then go back to their home country and apply for their visa...

I don't think you understand what I'm saying.

Yes, you can get married in the U.S., I said as much before. However, if you intended to get married you have to leave afterward. If you didn't intend on getting married, you can stay and apply from within the country.

[antda 13]

Yes, you can get married in the U.S., I said as much before. However, if you intended to get married you have to leave afterward. If you didn't intend on getting married, you can stay and apply from within the country.

..Deadpoolx got it right here!..."Intention" is the key word in cases like this....

And yes, immigration officials do ask and inquire about such....

So one has to be truthful about such there when asked

And plan accordingly as to which legal immigration route to take from here....

Hope this helps too. Good luck on your journey MacTO

Ant

Edited October 26, 2009 by Ant+D+A

[trailmix 77]

Deadpool did get it right, he is just not explaining it clearly. DPX I know what you are saying when you say:

An American citizen and a foreigner (such as a Canadian citizen) may marry within the U.S. provided the marriage was not planned. In other words, if you visit your girlfriend and decide to get married out of the blue, that's okay. However, if you plan it all ahead of time, that's not. I realize that makes no sense, but neither does immigration.

You are saying the same thing all of us have said - over and over

However, if a person, like the OP, doesn't know anything about U.S. immigration, they may take from what you said that it is not possible to plan a marriage in the U.S. - because that is what you literally said.

I think that is why so many are clarifying - not because WE don't know what you mean

Edited October 26, 2009 by trailmix