American/Canadian Marriage/Visa Help!

[TSC Blackhole 11]

Hi There,

I have been with my canadian boyfriend for just over 10 years. I went to school in canada and stayed for a few years after on a post-graduate work permit. I just landed a really great job in the US, so I had to take it. My BF stayed in Canada and we decided we would figure it out later. We really want to live together and spoke to an immigration lawyer($200 later) and are more confused than ever! If we were to marry it would have to be without intention and if I remember correctly, 60 days after my BF decided to visit and stay with me in the US. Am I correct here? Then we would file the paperwork and he would have to stay in the US with me until it was approved and would NOT be allowed to enter back into canada until that time. Then there is also the consular processing where we get married and file in each of our respective countries, which takes a bit longer but we are able to travel back and forth. Am I missing anything here?

[Rhiannercakes 14]

Well, if he's going to go down there and marry you then file for adjustment of status, that's visa fraud. Since he knew he was going down there to marry and stay there but didn't disclose that, it's against the law. I do not suggest this route what so ever.

I suggest you do it the legal way and file a K-1 visa, since you're not married. It's a fiance visa.

Or you could get married, go back to your respective countries and file CR-1. That way he comes in with a green card instead of having to adjust status afterword like you would with a K-1.

There's also K-3, but most people don't suggest that visa. CR-1's just as fast it seems and it costs way less money.

[Darnell 8,479]

If you got 100 percent memory retention from 'what the attorney said' -

then ask for your money back.. most is wrong.

There's a wonderful set of guides here - have a read ...

but - you can file K-1 without marry. Regardless of where YOU, the USC, are. Interview in Canada

you can file I-130 after marry in USA or Canada, but he must return to Canada for interview.

DCF is 'fastest' on the turn-around, but - you are no longer in Canada, so it may not be available for you.

But...

you are suggesting he live with you, as tourist visa holder in usa, then you guys marry , never return to Canada. Sure, it's possible - but USCIS views it as visa fraud, so the magnifying glass for examination for visa fraud is used. There are exceptions, but ...

I suggest that he come down to stay with you on VWP, then you two marry , then you file I-130 right after.. Prior to his VWP expiry date, have him go back, to finish waiting for the interview date, in Canada.

But hei - time for the Canada folks to check in, I think so...

[canadian_wife 1,829]

Canadians are afforded much more leniant visitation benefits to the US than most countries. However, traveling as a tourist to the US, failing to disclose your intentions to the border agent (as in specifically stating that you intend to get married and adjust status) is visa fraud and can result in a lifetime ban from the US. Do NOT go this route.

I think the first step is getting engaged. No 'boyfriend' visas are issued by the US government. Then you can file the K-1. Is it a little bit quicker than the spousal visa however, once in the US you'll have only 90 to get married and then adjust status (your boyfriend will not be able to work or travel without the appropriate documents)

Alternatively, you could marry and file for the Cr-1. This will allow your boyfriend to arrive in the US and a green card will be issued within a few weeks. It allows for immediate work and travel and is less expensive than the K-1

Good luck. What part of Canada is your boyfriend from? This will determine, along with what visa you file for, where he will interview - either Vancouver or Montreal

[marymaria 0]

Hi,

I was reading your response and was interested in your final location. You now live in Atlanta? I used to live there and that's where I am trying to get to with my boyfriend. My boyfriend and I are trying to get me there by June legally.

How long does the K-1 take? Would I be allowed to visit the US if he files for it? Also, they only interview in Montreal and Vancouver? If I live in WInnipeg, Manitoba where would I interview?

Also, as posted in one of the above responses and in yours coming into the US with a tourist intention but getting married might result in a upclose look in the marriage. Is this the only issue? You do say lifetime ban but how many times does that really occur? If an upclose look is what the consequence is then I wouldn't mind that because it isn't a fake relationship.

Is my reasoning off? THank you for all your help!

Canadians are afforded much more leniant visitation benefits to the US than most countries. However, traveling as a tourist to the US, failing to disclose your intentions to the border agent (as in specifically stating that you intend to get married and adjust status) is visa fraud and can result in a lifetime ban from the US. Do NOT go this route.

I think the first step is getting engaged. No 'boyfriend' visas are issued by the US government. Then you can file the K-1. Is it a little bit quicker than the spousal visa however, once in the US you'll have only 90 to get married and then adjust status (your boyfriend will not be able to work or travel without the appropriate documents)

Alternatively, you could marry and file for the Cr-1. This will allow your boyfriend to arrive in the US and a green card will be issued within a few weeks. It allows for immediate work and travel and is less expensive than the K-1

Good luck. What part of Canada is your boyfriend from? This will determine, along with what visa you file for, where he will interview - either Vancouver or Montreal

[trailmix 77]

Hi,

You can visit, however, entry is completely up to the border person on the day. Be sure to bring strong proof of ties to Canada with you.

As for the consulate interview, for K visas:

Manitoba and West: Vancouver

Ontario and East: Montreal

There is nothing wrong with coming to the U.S. to get married - nothing at all - how many Canadians have been married to U.S. citizens in Vegas? That is not the point, the point is, you cannot enter the United States saying one thing (ie: i'm here to visit my boyfriend) when you really intend to do something else (ie: take up residence in the U.S.).

I don't think anyone can tell you how often a lifetime ban occurs, however when talking about an 'upclose' look, that doesn't mean an upclose look at whether or not your relationship is real - it would mean they will want you to prove what your intentions were when you entered the country and whether or not you entered under false pretenses.

Edited December 6, 2009 by trailmix

[canadian_wife 1,829]

Yes, I'm in Atlanta now (well, north west of Atlanta).

The K-1 will take 6-8 months at least, maybe longer. As Trailmix said, I have no idea how many lifetime bans are issued, do you want to be one of them? Why bother risking it and violating immigration law? Start your marriage off right and do it the legal way. Marrying in the US is not illegal. Crossing the border with the intentions of visiting when really you are going to marry and stay in the US - that's the illegal part and involves lying to CBP.

I'd file the K-1 as soon as possible and hopefully you'll be through with everything by June. Atlanta is beautiful in the summer, but no one sees it because it's so dang hot!!!

Good luck.

Hi,

I was reading your response and was interested in your final location. You now live in Atlanta? I used to live there and that's where I am trying to get to with my boyfriend. My boyfriend and I are trying to get me there by June legally.

How long does the K-1 take? Would I be allowed to visit the US if he files for it? Also, they only interview in Montreal and Vancouver? If I live in WInnipeg, Manitoba where would I interview?

Also, as posted in one of the above responses and in yours coming into the US with a tourist intention but getting married might result in a upclose look in the marriage. Is this the only issue? You do say lifetime ban but how many times does that really occur? If an upclose look is what the consequence is then I wouldn't mind that because it isn't a fake relationship.

Is my reasoning off? THank you for all your help!

[TSC Blackhole 11]

Thanks for all the advice, there's so much to think about. I definitely don't want to break any laws or upset any border guards...my passport is squeaky clean, so I'd like to keep it that way. I think I'll end up going the CR-1 route if we want to get married on the downlow and then have an actual wedding sometime later, maybe after his visa goes through.

.

I wish I would have seen this site before I shelled out $200 for an initial consultation with an immigration lawyer. So much great info.

Thanks!

Jenny