File for CR1 or K3 from within the US?

[Jami 0]

My fiance and I are thinking about just getting married in Canada in a couple weeks and filing for a spousal visa instead of the fiance visa. He is from the States and I am from Canada, but we will be up there on vacation together. Will border patrol let me back into the US in January after we get married, even though I spent six months there from July to December? Also, do I have to file for the marriage visa from Canada or can we do it together from the States?

Jami & Jared

[canadian_wife 1,829]

Is it possible to be admitted into the US a few weeks after departing following a 6 month visit? Yes it is possible but honestly, it will be difficult. You really want to avoid the impression that you are residing in the US.

You may enter the US and file the spousal visa and return to Canada for the interview and medical. You want to show you have strong ties to Canada - lease/mortgage, employment letter stating expected return date, etc.

Good luck.

[Jami 0]

I have to show ties even though we'll already be married and can show that we're working on the visa, that we're doing it the legal way? That would be kind of a problem, I don't really have any ties back home. I'm living with my parents and I quit my job so that I could go to the states for 6 months to find out if I really wanted to marry him. The only ties I have are a Canadian bank account and a student loan. Would they let me in if we show them that we have all the paperwork filled out for the visa and the money to send it in?

[canadian_wife 1,829]

The issue is that you already spent 6 months in the US, then you returned to Canada for a few weeks and then want to return for another 6 months. That may appear to the CBP that you are no longer visiting the US but are residing.

They can deny you. See the links below of other Canadians attempts

http://www.visajourney.com/forums/index.ph...6&hl=denied

http://www.visajourney.com/forums/index.ph...5&hl=denied

http://www.visajourney.com/forums/index.ph...9&hl=denied

While what you are attempting to do is perfectly legal, be prepared for a denial just in case. Bring all the ties you have to Canada and cross your fingers

When are you attempting to cross?

Good luck.

[chrylhltn 0]

I have to show ties even though we'll already be married and can show that we're working on the visa, that we're doing it the legal way? That would be kind of a problem, I don't really have any ties back home. I'm living with my parents and I quit my job so that I could go to the states for 6 months to find out if I really wanted to marry him. The only ties I have are a Canadian bank account and a student loan. Would they let me in if we show them that we have all the paperwork filled out for the visa and the money to send it in?

I am married to a Canadian and we were doing immigrations down in the states and the attorney we hired dropped the ball on us. So my husband was so discussed with everything he just wanted to move back to Canada. So we packed up everything we had and we were on our way back to Canada. Off we headed, when we got to the border they asked if I would be moving to canada and I responed with a yes and someday. They made us go inside and the border agent was not a nice officer. She denied entry and I had to drive back to reno. I was so bummed.

But to your question. You are best to get a visa once you are in canada. You are allowed 6 months in Canada with out a visa. But make sure you get your passport as proof. I lived up there for 5 yrs going back and forth. I would come back to the states every 6months. If you dont want to do that, you can apply to extend your visit. You have to tell them why you want to and you can stay to get to know one another. Not sure where you are going but some provience are differant. I was in Alberta.

Hope this helps.

[canadian_wife 1,829]

chrylhltn - this is excellent advice for someone looking to relocate to Canada. I think the OP is interested in immigrating to the US

[Carlawarla 1]

My fiance and I are thinking about just getting married in Canada in a couple weeks and filing for a spousal visa instead of the fiance visa. He is from the States and I am from Canada, but we will be up there on vacation together. Will border patrol let me back into the US in January after we get married, even though I spent six months there from July to December? Also, do I have to file for the marriage visa from Canada or can we do it together from the States?

Jami & Jared

I highly doubt you'll be able to enter given the evidence of ties you have. What were your ties to Canada when you first crossed for the first 6 months? While "technically" you can go down for 180 days, you have to be careful of "overstaying" your visiting privileges. Each time you cross it's up to the individual border official to allow you entry.

If you're getting married in Canada, before you file you're going to have to have a copy of your marriage certificate. Getting your paperwork in and getting receipt of that, along with a copy of the papers you've filed, MAY be good evidence that you're going about this the "legal" way, but again, you're going to have to await all that official receipt of paperwork back from USCIS, and that won't happen while your fiance is up in Canada during vacation.

You may want to visit the Canada forum here on VJ and post your question there, or look at other timelines or topics that may apply to your situation. Here's the link:

http://www.visajourney.com/forums/index.php?showforum=93

As well, a VJ Wiki page that has some topics that may be applicable regarding proving ties to Canada etc.

http://www.visajourney.com/wiki/index.php/Canada

Good luck in your journey and visit us there to post questions if you need!