Getting married in Canada

[warlord 73]

The main thing to remember is that if you are married, you do not ever leave the US unless you have AP. If you are not married, then use the TN status to re-enter and you are fine.

My AOS was very fast compared to the norm, plus that was many years ago as well, things have changed I'm sure in the time line.

Only viable option is

a) get married in Feb, don't leave the US until AP (one, two, five, 8 months etc whenever it arrives)

b) Don't get married, go to Canada in March for your trip, return and then get married and hope your AP arrives.

If you have set up all the elaborate plans for a summer wedding already, then it might make sence then to cancel the trip and probably lose any refunds on flights etc, but it would give you more time to get the forms and paper work sent out and hope that you get them back in time.

And yes you never want to try and enter the US under false precents. There have been numerous cases (one I know of a family memeber) that tried to re-enter the US on a TN after it was invalid (either by marriage to a USC or by being expired) and not only have they been denied entry, many incured a ban on entering the US for 5 years. You do not want to ever attempt fooling the border guards ever because even if you are unaware of the rules, that doesn't exlude you from any penalties or baning from the US...

[minnew 4]

I realize that both of you want to go to Canada for the weddig prep. Is it viable that only one of you go?

If you wait until April to marry then I could see this scenario playing out in March upon rentering the US...Immigrant intent by the Canadian on TN...

What were you doing in Canada?... In which you could say you were visiting family..but definitely not the whole

truth, you were planning a wedding. Which would then make the guard ask which country the both of you planned to reside..visas..etc..

[SapphireDreams 71]

I realize that both of you want to go to Canada for the weddig prep. Is it viable that only one of you go?

If you wait until April to marry then I could see this scenario playing out in March upon rentering the US...Immigrant intent by the Canadian on TN...

What were you doing in Canada?... In which you could say you were visiting family..but definitely not the whole

truth, you were planning a wedding. Which would then make the guard ask which country the both of you planned to reside..visas..etc..

I see where people are going with the immigrant intent, but let's be serious are they really going to be asking details about how you spent your days visiting? I highly doubt it.

The most ideal option is to cancel the trip and get married immediately and file AOS and then you'll for sure have status to travel back in August for the Canadian wedding. If you can get friends or family to meet with whoever needs to be met with now, and then go visit as soon as you are cleared to travel, it would be your best option.

But I think if you really wanted to go on the trip, get married right when you get back.

[Rustbelt 0]

I see where people are going with the immigrant intent, but let's be serious are they really going to be asking details about how you spent your days visiting? I highly doubt it.

The most ideal option is to cancel the trip and get married immediately and file AOS and then you'll for sure have status to travel back in August for the Canadian wedding. If you can get friends or family to meet with whoever needs to be met with now, and then go visit as soon as you are cleared to travel, it would be your best option.

But I think if you really wanted to go on the trip, get married right when you get back.

I went the IR-1 route, so maybe I'm missing something subtle here, but I thought that if you crossed on anything BUT a K1 visa with the intent to get married that you were risking immigration fraud and thus a ban. So even if you say "oh, I'm just going back to work on my TN visa" at the border, if you get married the day after you arrive back in the US in anything other than a very basic ceremony, I would imagine that sooner or later in the immigration process the question of when you decided to get married is going to come up. And that, as I understand it, is the problem. Because if you have marriage plans in the pipeline when you're entering the US on anything but an immigrant visa or K1, you're risking screwing up the whole thing. Sure, you might not be quizzed at the border, but it's a gamble. And if you get married in short order after returning to the US, isn't someone going to question what your intent was when you last crossed the border? I just can't see saying "oh, I got married the day after I came back, but no, when I crossed the border I had no intention of getting married" and having it fly . . .

- Steve's wife

[minnew 4]

I see where people are going with the immigrant intent, but let's be serious are they really going to be asking details about how you spent your days visiting? I highly doubt it.

The most ideal option is to cancel the trip and get married immediately and file AOS and then you'll for sure have status to travel back in August for the Canadian wedding. If you can get friends or family to meet with whoever needs to be met with now, and then go visit as soon as you are cleared to travel, it would be your best option.

But I think if you really wanted to go on the trip, get married right when you get back.

Anything can be asked I was just preparing the OP for

questions that may be asked.

I had border crossings with my then boyfriend returning to the US ( I was on a student visa)from Canada we were always asked what we did in Canada. They are looking for immigrant intent.

[OBX 51]

Anything can be asked I was just preparing the OP for

questions that may be asked.

I had border crossings with my then boyfriend returning to the US ( I was on a student visa)from Canada we were always asked what we did in Canada. They are looking for immigrant intent.

When I used to travel back and forth to visit, prior to beginning the CR1 process, I was often asked what I did for a living, my business address, when I was expected back at work and did I have any plans to work in the US!

Edited February 10, 2010 by OBX

[minnew 4]

When I used to travel back and forth to visit, prior to beginning the CR1 process, I was often asked what I did for a living, my business address, when I was expected back at work and did I have any plans to work in the US!

I was always so nervous that we would get grilled at the border and they wouldn't allow me entry on my F1 visa when I travelled with my boyfriend (who was USC & now my hubby)returning to the US from visiting my family in Canada. We had plans to marry eventually just didn't know which route & when. US CBP alwyas asked us what we did and who we visited in Canada, I beleive one time they asked if we got married while in Canada.

Edited February 10, 2010 by minnew

[Galateia 1]

If you leave the US and then come back on your TN planning on eventually getting married and AOSing, congrats, you just committed fraud.

I could pretty it up with "maybe they won't ask" or "maybe you'll get away with it" or anything else, but the bottom line is what I posted above. If they ask you about it (and they will if you get married when you come back) you will either have to lie or risk getting caught.

Will they ban you for it? Maybe not. Do you want to risk a lifetime ban from the US? Only you can answer that. I feel for you, Adam, but the fact of the matter is, you need to assume you're going to get screwed six ways to sunday and take precautions to avoid it.

The only safe way of doing this is by marrying now and AOSing immediately. You may be able to ask for emergency AP at an infopass and get it granted in 48hrs, leaving you free to go to Canada this spring.

Edited February 10, 2010 by Galateia

[trailmix 77]

I went the IR-1 route, so maybe I'm missing something subtle here, but I thought that if you crossed on anything BUT a K1 visa with the intent to get married that you were risking immigration fraud and thus a ban. So even if you say "oh, I'm just going back to work on my TN visa" at the border, if you get married the day after you arrive back in the US in anything other than a very basic ceremony, I would imagine that sooner or later in the immigration process the question of when you decided to get married is going to come up. And that, as I understand it, is the problem. Because if you have marriage plans in the pipeline when you're entering the US on anything but an immigrant visa or K1, you're risking screwing up the whole thing. Sure, you might not be quizzed at the border, but it's a gamble. And if you get married in short order after returning to the US, isn't someone going to question what your intent was when you last crossed the border? I just can't see saying "oh, I got married the day after I came back, but no, when I crossed the border I had no intention of getting married" and having it fly . . .

- Steve's wife

You didn't miss anything - but just to be clear, it's about intent - not about getting married and yes, it would look a bit strange.

I see where people are going with the immigrant intent, but let's be serious are they really going to be asking details about how you spent your days visiting? I highly doubt it.

Sapphire, I hear you, I really do. I am not trying to make this some dramatic situation where he is escorted from the border in handcuffs banned from returning for 10 years etc etc

However, I never suggest someone do this and here is why. Firstly, what he is intending to do is illegal.

Secondly, if he does get asked that one question that trips him up and he then comes back here to post that he has been banned or lost his job and he is now stuck in Canada - it will not be me who is partially responsible for suggesting that to him.

Adam - get married, do an adjustment of status now (hey you are lucky you have this opportunity, take advantage of it!) Or take your chances at the border.

Edited February 10, 2010 by trailmix

[SapphireDreams 71]

You didn't miss anything - but just to be clear, it's about intent - not about getting married and yes, it would look a bit strange.

Sapphire, I hear you, I really do. I am not trying to make this some dramatic situation where he is escorted from the border in handcuffs banned from returning for 10 years etc etc

However, I never suggest someone do this and here is why. The odds are maybe in his favour, for not getting asked that one question that will trip him up. This is aside from the fact that questions or not - his intent is to immigrate and that is illegal.

The reason I never suggest it is because, if he does get asked that one question that trips him up and he then comes back here to post that he has been banned or lost his job and he is now stuck in Canada - it will not be me who is partially responsible for suggesting that to him.

Adam - get married, do an adjustment of status now (hey you are lucky you have this opportunity, take advantage of it!) Or take your chances at the border.

Good point Trail, I see what you're saying and agree. I take back what I said. Not worth the risk and having to prove intent and all of that in an interview.

I would postpone the trip until AOS has been complete.

[AdamNewfoundland 0]

Wow, thanks so much for all the advice and cross-talk, folks!

I'm sure glad I came here for advice; I definitely don't want to get in trouble over this!

So, the plan now is to get married early next week, then try to get all my documents off by the end of next week. Hopefully I can figure out a way to get home in March (someone mentioned an emergency parole? I'm not sure how that works, but as a matter of fact, my grandmother just fell and broke her hip, so the March/April visit was also going to be to see her, just in case; perhaps I can get a parole for that), but if not, then my fiancee can go alone, or we can change our flights after I get my AP.

It's a hassle, but better to screw up the spring visit than to have problems in the fall or during the AOS process.

Again, thanks a ton! I'll drop in to let you know how it comes out.

Adam

[Galateia 1]

Wow, thanks so much for all the advice and cross-talk, folks!

I'm sure glad I came here for advice; I definitely don't want to get in trouble over this!

So, the plan now is to get married early next week, then try to get all my documents off by the end of next week. Hopefully I can figure out a way to get home in March (someone mentioned an emergency parole? I'm not sure how that works, but as a matter of fact, my grandmother just fell and broke her hip, so the March/April visit was also going to be to see her, just in case; perhaps I can get a parole for that), but if not, then my fiancee can go alone, or we can change our flights after I get my AP.

It's a hassle, but better to screw up the spring visit than to have problems in the fall or during the AOS process.

Again, thanks a ton! I'll drop in to let you know how it comes out.

Adam

I'm relieved you dodged a bullet! Aren't you glad you learned this now instead of the hard way when you tried to re-enter the US?

Since your grandmother is ailing, that's definitely grounds for asking for an expedited AP. Once you've sent off your AOS, I believe it's an infopass appointment that can get you the 'emergency' AP. I think I read somewhere on the AP information (possibly in my AOS package, possibly on the USCIS website) that the health/death of a family member is eligible. After all, you need to be mobile at a moment's notice if she "worsens", right? (Here's hoping your gran is spry and healthy before long, but they don't need to know that, eh?)

I'm sorry if I was a bit blunt, I was typing during my extremely short lunch and any sort of innocent blundering into the maw of immigration is a nail-biter for me.

Also, since you two are planning on getting married soon, I'd say start looking over the AOS guide here on VJ and getting your items in order. You'll need certain documents that you may not have on hand and also be wary of your local county clerk's turn around time for your marriage certificate. Mine had a week or so of delay for the actual certificate but was able to make the certified copies we used for AOS right then and there, so we didn't have to wait until they sent the certificate back to us, and solved the hassle of getting certified copies too.

Never hesitate to ask any questions about your AOS package, no matter how small (believe me, I asked some really idiotic questions) because with immigration, always better safe than sorry, right?

[minnew 4]

Well congratulations on your impending marriage next week!

Good luck with the AOS forms! I hope you can find a decent local CS in your area to do the full medical exam!

Let us all know how everything turns out! Hope your grandmother will be okay!

[AdamNewfoundland 0]

Wow, you guys are amazing!

I really appreciate the help. Don't worry, I'm sure I'll be in here with tons of fiddly little questions.

Should I just keep posting here, or is there another sub-forum I should be in?

Regardless, here are a few first-impression questions:

•The I-130 is for Katie (my fiancee) to fill out, but everything else is filled out by me, correct?

•Hm, wait. I-864, the financial support document, as well, should be filled out by Katie. There are sections for me to enter my savings and income, as well. Or should I just stay out of it, since her individual income is well above the minimum of $16,000 for a 2-person household?

•The cover letter for the I-130 package should be signed by Katie, and the cover letter for the I-485 package should be signed by me, correct? Or should we both sign both?

•In the step-by-step guide (http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2), under the I-485 assembly, point 12 is the I-693, the medical form. There's no link to that at the top of the page, and the link in point 12 just takes me straight to the USCIS front page. I googled the form name and got this link: http://www.primarycarephysiciancenter.com/...on_Forms010.pdf

It's not a government website, but the form looks right. Google doesn't return any hits from the USCIS website. (At least none that provide the PDF.) Am I not supposed to provide this form to the doctor when I go for my exam?

•I don't need to worry about the last two items on the I-485 list, correct? (The Supplement and the I-601.)

Thanks!

[Krikit 1,164]

Wow, you guys are amazing!

I really appreciate the help. Don't worry, I'm sure I'll be in here with tons of fiddly little questions.

Should I just keep posting here, or is there another sub-forum I should be in?

Welcome to VJ, Adam. Yes, you should be posting in the Adjustment of Status From Work, Student, & Tourist Visas Forum.

The Civil Surgeon in your area will provide the forms you require for your medical. You just need to make the appointment. Civil Surgeon Locator

I found the best thing to do was to print off the USCIS Instructions and read through it with a fine tooth comb. Highlight any action items which are required by you, as the applicant. Always use the USCIS forms..... they are the most current.

Good luck.