Don't believe my lawyer

[marymaria 0]

My boyfriend and I are talking to a lawyer who is advising me to go to USA on a "visit" get married and then he would process our papers so I can stay.

I told him about the uneasiness I felt to cross the border in that way (especially after visiting this website). He then suggested that I visit my boyfriend prior to the summer (the months I would like to live with him) get married return back to Canada and then wait for papers to process.

Would this last suggestion allow me to visit my boyfriend while I'm waiting? Or would I be allowed to visit for a long time and if my papers are processed would I be allowed to just stay? Or would I have to leave and come back?

I'm lost. I do not know who to believe. I am going to call another lawyer tomorrow but who knows what they will say.

[Flames9_RN 358]

On a visit to the USA, my then GF (now wife) went for a free consult with an immigration lawyer! She said just stay in the USA and adjust of status (AOS) but I could not as I was in the CDn air force. She said well when ur out of the Air Force, come for a visit and then AOS!! What it all comes down to is your INTENTION!!!!! if you KNOWINGLY come to the USA with the purpose of STAYING that is illegal, simple as that! If one comes to the USA with the plans just to visit and out of the blue one decides to stay that is fine!

And yes there are some (many) that knowingly come to the USA with the purpose of staying and juts play dumb! And for some (many) it probably works out ok. But if ur found to break the rules, your probably screwed, you have less recourse this way! And yes in your case, you will soon know the rules! You have to make the decision to do it the legal way which is longer or risk it!!

If one decides to risk it and AOS, well one can't leave the USA until you complete a certain part of the process! Well leaving isn't the problem--its getting back into the USA! That means if a loved one gets sick/dies, you can't go back! And one can't work as well! Maybe a bit drastic,lol but thats the way it is.

During the visa process, one CAN stil visit. majority of us did, and majority of us had NO problems! it is up to the Port of Entry (POE) guard! Bring strong ties to Canada ie letter from employer, lease agreement, return airfare,et etc! and yes they can still deny you entry with strong ties!

[Malrothien 6]

Ahh, gotta love lawyers who suggest illegal methods of immigration. What your lawyer suggested is illegal simply because you have immigrant intent already.

First: Fire your lawyer.

You are more than welcome to go the US, marry your boyfriend, return to Canada and file the paperwork yourself.

[Sprailenes 47]

What lawyer isn't sketchy?

He's giving you terrible advice.

[Angie'nMark 0]

Either of these is a totally viable option. A friend of min did the option your lawyer suggested. She went down to "visit" and got married and stayed. If your husband can afford to support you while your lawyer adjusts the paperwork, it could be around 6 months. I did second option, I went down for a visit, and then got married at a courthouse. I have since returned home to Canada...the wait outside the US for us is now about a year. I can still work, so that is good for me. As a Canadian you can go visit your husband you just need to bring lots of documents with you to prove that you will return to the country. I did this at Christmas and it went just fine.

What you choose depends on your finances, and how long you can wait to be together permanently.

GOOD LUCK!

[Flames9_RN 358]

Either of these is a totally viable option. A friend of min did the option your lawyer suggested. She went down to "visit" and got married and stayed. If your husband can afford to support you while your lawyer adjusts the paperwork, it could be around 6 months. I did second option, I went down for a visit, and then got married at a courthouse. I have since returned home to Canada...the wait outside the US for us is now about a year. I can still work, so that is good for me. As a Canadian you can go visit your husband you just need to bring lots of documents with you to prove that you will return to the country. I did this at Christmas and it went just fine.

What you choose depends on your finances, and how long you can wait to be together permanently.

GOOD LUCK!

no that is illegal!! going to the USA on a visit and knowingly stay is illegal. and yes many do it and they probably get away with it. One just has to play dumb!! But if you don;'t agree, once ur at the interview just say "yes i came to the USA with no visa and I knowingly stayed" and see what happens,lol

I truly do not care if people do it that way or not, I say go for it, as ur chance are slim of getting caught. BUT if one does, well one has only themselves to blame!

One can goto the USA, get married,then leave! Thats what we did! On one of my visits, we got married, then started the CR-1 visa paperwork and returned to Canada!! Did I mention that to the USA POE officer when i was going down?? NO, as he NEVER asked,lol See my free advice below on visiting,lol

Edited January 29, 2010 by Flames9_RN

[Kathryn41 3,205]

Mod Hat on:

I will remind posters here that it is a violation of the Terms of Service for VJ to support, promote, advocate or propose any type of illegal activity so please do not encourage the OP to follow her lawyer's advice. The lawyer's advice is dangerous and illegal, and such encouragement is a violation of TOS for this site.

Mod Hat off:

Yes, what your lawyer first proposed is illegal and has the potential to lead to a ban on you entering the US if discovered ( up to a lifetime ban if misrepresentation is involved). It is illegal to enter the US as a visitor with the intention of getting married and applying to remain in the US. The lawyer doesn't have to deal with the consequences, but you do.

The second option is legal. You can enter the US, get married and then return to Canada for processing the proper immigrant visa. It is called a CR-1 visa and gets you your green card when you enter the US permanently. Yes, you can visit while the paperwork is being processed but it is up to the border authorities on each visit whether to allow you into the US or not. You need to be able to prove you are only entering as a visitor that time and have strong ties in Canada that will necessitate your returning home (ie. lease, mortgage, job with an expected return date, ongoing daily living responsibilities and expenses, a round trip ticket, etc.

Another option to consider is the K-1 fiance visa. You don't need to be married to do this one so could start right away. The obligation is that once the visa is issued you have 6 months in which to enter the US, have to get married in the US within 90 days of entering the US, and apply to become a permanent resident afterwards (AOS - aka getting your green card).

Edited January 29, 2010 by Kathryn41

[marymaria 0]

Either of these is a totally viable option. A friend of min did the option your lawyer suggested. She went down to "visit" and got married and stayed. If your husband can afford to support you while your lawyer adjusts the paperwork, it could be around 6 months. I did second option, I went down for a visit, and then got married at a courthouse. I have since returned home to Canada...the wait outside the US for us is now about a year. I can still work, so that is good for me. As a Canadian you can go visit your husband you just need to bring lots of documents with you to prove that you will return to the country. I did this at Christmas and it went just fine.

What you choose depends on your finances, and how long you can wait to be together permanently.

GOOD LUCK!

Can you explain this, "I have since returned home to Canada...the wait outside the US for us is now about a year. I can still work, so that is good for me." What do you mean is it a year wait? What do you mean you can still work? You worked in the US while you were waiting for you papers?

[Sprailenes 47]

Not only that but if you do it illegally and you know what you did was illegal, have fun trying to get advice on this forum without people crapping all over your parade.

Just do it right. That's my advice. Read the guides.

Edited January 29, 2010 by Sprailenes

[Malrothien 6]

She stated that she returned to Canada, she is working in Canada.

The wait time for visas right now are anywhere from 8-14 months depending on different variables.

[Flames9_RN 358]

Couldn't edit my post,lol

[marymaria 0]

Another option to consider is the K-1 fiance visa. You don't need to be married to do this one so could start right away. The obligation is that once the visa is issued you have 6 months in which to enter the US, have to get married in the US within 90 days of entering the US, and apply to become a permanent resident afterwards (AOS - aka getting your green card).

Does getting a K-1 visa involve an interview where I have to go to either montreal or vancouver before I get teh visa?

[brightskte 18]

Does getting a K-1 visa involve an interview where I have to go to either montreal or vancouver before I get teh visa?

So does the CR-1, although I think they only do interviews in Montreal. They aren't going to give you a visa without an interview.

Fire that lawyer. He/she is going to get you in big trouble and possibly a ban if you get caught.

Edited January 29, 2010 by Kayla*Mathew

[Kathryn41 3,205]

Yes, all visas require an interview. The K-1 interviews are held either in Montreal or Vancouver depending in which part of Canada you live. The CR-1 interviews are only held in Montreal. The requirements will be similar for both - an immigration medical, police criminal record checks, a lot of forms to fill out and submit, evidence that your partner can afford to support you financially in the US, plus the interview.

[Flames9_RN 358]

PLEASE READ:

http://www.visajourney.com/faq/k1faq.htm especially the : Step-By-Step Guides

http://www.visajourney.com/forums/index.ph...mp;page=compare

http://www.visajourney.com/forums/index.php?showtopic=302

If u decide to get married (cr-1) http://www.visajourney.com/forums/index.ph...page=i130guide1

http://www.visajourney.com/forums/index.ph...mp;page=compare

k3 is marriage based one as well, BUt it takes as long as the CR-1 in most cases BUT costs more $$$$ and not as good. If u read the links above you wil have already recognized that,lol