This is so confusing!

[JimVaPhuong 4,863]

This poster obviusly didn't read my comments correctly. Yes, you can enter on a tourist visa or work vise (there is not such thing as a visitor visa) but when you are (or may be) asked at the border why you are coming to the US, if your intention is to get married, you must say that.

While the term "tourist visa" is commonly used, Department of State refers to the B-2 as a "Visitor Visa", since it's use goes beyond just tourism.

http://travel.state.gov/visa/temp/types/types_1262.html

OP is from Canada, where a visa is not generally required to visit the US. However, the same entry rules apply - they have to convince CBP that they won't violate immigration law while in the US.

[trailmix 77]

I fully understand this and will never lie to a border patrol. To avoid all of this wouldn't it just be easier for us to apply for a marriage license in Canada, get married IN CANADA, he goes back to u.s. and we apply for everything while I remain here in Canada and still working etc..??

BTW, did I mention how great I think this site is??

p.s I'm across the border from Detroit, so either way i'd be going to Montreal.

It's up to you. It is true that you might get hassled at the border on your way over to get married. I would personally recommend that you post that question in the Canada forum. Many there have gone to the U.S. to get married then filed for a visa while either 'visiting' in the U.S., for up to 6 months or returning to Canada to wait out the visa processing.

It is 100% up to the border person on the day if they let you cross or not - if that doesn't make you comfortable you are probably better off getting married in Canada (same applies for Canada though, ensure your SO brings strong ties to the U.S. with him).

Here is a link for the Canada forum here at VJ http://www.visajourney.com/forums/index.php?showforum=93

Edited November 6, 2009 by trailmix

[SunDrop 59]

It should also be noted that it's often what you don't say and how you say it that makes the difference. Example:

"I am going to see my fiance and his family. We have discussed how we want to proceed with making a life together, and have chosen to file an I130 for a CR1 visa for me. So, we do plan to get married while I'm here on this visit but then I'm returning to Canada on x date, in order to complete the application process correctly and finalise my affairs in Canada.

It's all about the order that you present your truthful information, let them hear that you know about the correct procedure before announcing your intent to marry. People only hear the first thing you say if they become distracted by what you've said (i.e. "I'm coming to the US today so that my fiance and I can get married" are the first words out your mouth = reg flags and they don't hear the rest!)

Or you can take the approach that giving a mistruth in response to a direct question is a lie. Omitting information that extends beyond the scope of the question is not. Example:

Q: What is the purpose of your visit?

A: To see my fiance and family.

Outcome: Well, you are, aren't you?! Questioning often stops there.

Q: Do you intend to get married while you are in the US?

A: Yes, and then I will be returning to Canada on x date and he will apply for a CR1 visa for me.

Outcome: You are being both honest and demonstrating that you are aware and wish to follow proper procedure in order to immigrate.

Up to you to decide which you are most comfortable with, I'd personally go for the first.

If your fiance comes to Canada, won't he be questioned coming into Canada and pose the Canadian officials a similar concern? Again, a personal preference but I'd rather be responsible for getting through immigration than having my SO do it. But then, he's travelled a lot less than I have and actually got pulled into secondary processing by the UK Immigration people on his first visit here because he got smart-mouthed at his POE and replied, "I'm here to see about a girl," when asked what the purpose of his visit was. Apparently it's a line from some movie...

Edited November 6, 2009 by SunDrop

[Shad and Dani 3]

My advice is to get married in Canada, and then file for a CR1. If you get married in the States with a visitors visa then you don't need to file anything, just stay in the US and adjust status, but that would be visa fraud because you intended to marry before you came to the States. And yes, you are correct. The K1 is a single entry visa, so if you entered on a K1 you would not be able to leave the USA until your status is adjusted or your AP is approved. I hope this helps!