Quick Marriage in the United States

[MariaElizabeth 0]

Is it possible for my boyfriend and I to get married while I am on a visit? Do I have to leave after we get married, considering I will have a return ticket.. and how does it work as far as applying and getting an EAD?

I am almost positive a question like this has been asked before, but any advice or suggestions would be greatly appreciated.

Thanks!

M.E.

[az110965 252]

You can get married while you're here visiting, then you'll be iling for the CR-1 (K-3 is obsolete now). You can stay in USA while CR-1 is in proicess then you'll need to return to yoru country to hsave interview at the Embassy in your city.

***IF you decide to file for K-1, DO NOT GET MARRIED as this is a fiancee visa only! It will be denied on the basis that you're not legally free to marry.

I believe EAD is automoatic when filing for CR-1, so you shouldn't have any issues with that either.

Good luck,

Alan

[MariaElizabeth 0]

So if I get married in the United States, when the visa is processed I then return to my country to have an interview at the Embassy. When you say the EAD is automatic, does that mean immediately after getting married I can file for the EAD along with the CR-1 visa?

Thanks Alan!

M.E.

[VanessaTony 3,567]

So if I get married in the United States, when the visa is processed I then return to my country to have an interview at the Embassy. When you say the EAD is automatic, does that mean immediately after getting married I can file for the EAD along with the CR-1 visa?

Thanks Alan!

M.E.

There is no EAD needed for CR-1 as CR-1 gives you a greencard stamp (and the card later) immediately on entry.

You can legally marry whilst in the US and you can stay there while the CR-1 is pending BUT not past the date you would be normally allowed to stay. You would need to be in Canada for the interview and also to get the medical done and I believe also police checks etc that need to be done.

If you have a job in Canada at the moment I suggest going home after marriage to work and save money. Also, you can go home to start changing your name over to the new name (if that's what you've chosen) and also your new hubby can follow if you want to have your family have a reception in Canada for your friends and family that couldn't go to the US, or vice-versa if you want to get married in Canada.

The K1 is a good visa if you want time to plan the wedding (even though you won't know EXACTLY when you get the visa) and it tends to be the quickest but more expensive and you do not get a GC immediately on entry, you have to file for adjustment of status (AOS).

Edited March 9, 2010 by Vanessa&Tony

[MariaElizabeth 0]

Thanks so much for all your help! Do you happen to know the fees for the CR-1 Visa? Also, when you say 'not past the date you would normally be allowed to stay', are you referring to the six months that I would be allowed to stay in the US?

That's also a great suggestion about coming back after getting married in the US to continue working and saving money. Do I legally have to stay back in Canada until the CR-1 is approved? (I'm assuming I do if I have to attend interviews and medicals, etc.)

Thanks again! I really appreciate all the responses I've received.

M.E.

[MariaElizabeth 0]

Not to worry about answering what the fees are associated with the CR-1 Visa. I read that the fee is $945.00.. quite the price but definitely worth it.

[Kathryn41 3,205]

Just to clarify - you are allowed to 'visit' the US. You are not allowed to 'live' in the US and if the border authorities suspect this is the case you will be denied entry. While Canadians are technically allowed to spend up to 6 months in the US as a visitor, it is up to the border authorities when you cross the border to determine how long you are actually allowed to stay. If they say 1 month, then their decision overrides every other option. If they do not specify a time period, then you have up to 6 months - as long as it is a visit and not living in the US.

Be prepared to show evidence of your 'ties' to Canada during the processing of the CR-1. You need to reassure the border authorities when you cross that you have commitments in Canada that necessitate your return and will not be trying to evade the immigration process by remaining in the US. Letter/contract from your employer, lease/mortgage documents, ongoing utility payments all provide good evidence of ties to Canada. When you have filed for the CR-1 carrying a copy of the full petition and application is also good as it shows your intent of following the correct immigration process.

One other quick comment. You are not allowed to cross the border as a visitor with the intent of getting married AND remaining in the US to adjust status (get a green card). That is considered visa fraud and carries with it severe penalties if discovered. You are allowed to enter the US as a visitor with the intention of getting married, getting married, and then pursuing the immigration process from outside of the US (CR-1). It is the intent upon entry that is relevant on whether you can remain in the US to adjust status after marriage or not. Since you are already talking about entering the US to get married, you don't have that option available now - legally.

Be sure to drop by the Canada Regional Forum as well - there are many Canadian/American couples there who have gone or are going through the same process.

Edited March 9, 2010 by Kathryn41

[Kathryn41 3,205]

Moved from K-1 forum to CR-1 forum as applicant is not pursuing a fiancee visa

[babybyrd 0]

Just to clarify - you are allowed to 'visit' the US. You are not allowed to 'live' in the US and if the border authorities suspect this is the case you will be denied entry. While Canadians are technically allowed to spend up to 6 months in the US as a visitor, it is up to the border authorities when you cross the border to determine how long you are actually allowed to stay. If they say 1 month, then their decision overrides every other option. If they do not specify a time period, then you have up to 6 months - as long as it is a visit and not living in the US.

Be prepared to show evidence of your 'ties' to Canada during the processing of the CR-1. You need to reassure the border authorities when you cross that you have commitments in Canada that necessitate your return and will not be trying to evade the immigration process by remaining in the US. Letter/contract from your employer, lease/mortgage documents, ongoing utility payments all provide good evidence of ties to Canada. When you have filed for the CR-1 carrying a copy of the full petition and application is also good as it shows your intent of following the correct immigration process.

One other quick comment. You are not allowed to cross the border as a visitor with the intent of getting married AND remaining in the US to adjust status (get a green card). That is considered visa fraud and carries with it severe penalties if discovered. You are allowed to enter the US as a visitor with the intention of getting married, getting married, and then pursuing the immigration process from outside of the US (CR-1). It is the intent upon entry that is relevant on whether you can remain in the US to adjust status after marriage or not. Since you are already talking about entering the US to get married, you don't have that option available now - legally.

Be sure to drop by the Canada Regional Forum as well - there are many Canadian/American couples there who have gone or are going through the same process.

kathryn - this is the most helpful of posts!

can i ask if your answer is specific to a canadian coming across the border or would i ( a ukc with b1/2 ) also be allowed to marry on a visit also and then leave and apply for cr-1?

[Justine+David 218]

As long as you can enter the U.S. you can get married. Whether or not you can stay to get a green card while in the U.S. legally depends on if you intended to get married before you entered the U.S.

[babybyrd 0]

As long as you can enter the U.S. you can get married. Whether or not you can stay to get a green card while in the U.S. legally depends on if you intended to get married before you entered the U.S.

thanks!

[Martine&Dana 0]

We try to get married in US, my now husband live in Ct. The goal was to get married on oct 10th 2009. The week before I went to the border, didn't say I'm going to get married, just go for a visit. The told me to go inside. So I went inside and they investigate, I had all the proof I was going to go back in Montreal, my lease, a letter from my job etc, etc.. But they denied me entering in US. They told me not to try to cross the border for at least the next 8 months because I will be definitly denied entering US. So we cancel our wedding, and had to plan again a wedding in Montreal for nov 28th 2009. Since then we apply for a visa, I got my notice of action and I try to go see my husband. The first time it went very well, the second not that well, they let me go in US, but it took almost 2 hours at the border, talking with the border patrol people, showing them proof I'm coming back in Montreal. So for me I don't think it's a good idea to get married in US if you don't have the right visa. But it's up to you, it's your decision, but I don't recommend to get married in US and apply after.

[pushbrk 13,180]

kathryn - this is the most helpful of posts!

can i ask if your answer is specific to a canadian coming across the border or would i ( a ukc with b1/2 ) also be allowed to marry on a visit also and then leave and apply for cr-1?

You don't know it but this is a trick question. If you present yourself at the border, are asked to state the purpose of your visit and answer, "To get married." then you will not be allowed to enter the USA. This is because they'll rightly assume immigrant intent. If you give a more generic answer that is truthful, you're more likely to be allowed to enter. Once IN the USA, getting married is no problem. Just don't overstay your allowed visit time.

[MariaElizabeth 0]

These are just questions that my boyfriend and I had regarding all of our options. We haven't decided on which action we want to take, but we're trying to find out all the information for each process so that then we can decide on what we want to do. Thanks again.

[MRStee 19]

Just to clarify - you are allowed to 'visit' the US. You are not allowed to 'live' in the US and if the border authorities suspect this is the case you will be denied entry. While Canadians are technically allowed to spend up to 6 months in the US as a visitor, it is up to the border authorities when you cross the border to determine how long you are actually allowed to stay. If they say 1 month, then their decision overrides every other option. If they do not specify a time period, then you have up to 6 months - as long as it is a visit and not living in the US.

Be prepared to show evidence of your 'ties' to Canada during the processing of the CR-1. You need to reassure the border authorities when you cross that you have commitments in Canada that necessitate your return and will not be trying to evade the immigration process by remaining in the US. Letter/contract from your employer, lease/mortgage documents, ongoing utility payments all provide good evidence of ties to Canada. When you have filed for the CR-1 carrying a copy of the full petition and application is also good as it shows your intent of following the correct immigration process.

One other quick comment. You are not allowed to cross the border as a visitor with the intent of getting married AND remaining in the US to adjust status (get a green card). That is considered visa fraud and carries with it severe penalties if discovered. You are allowed to enter the US as a visitor with the intention of getting married, getting married, and then pursuing the immigration process from outside of the US (CR-1). It is the intent upon entry that is relevant on whether you can remain in the US to adjust status after marriage or not. Since you are already talking about entering the US to get married, you don't have that option available now - legally.

Be sure to drop by the Canada Regional Forum as well - there are many Canadian/American couples there who have gone or are going through the same process.

Kathyrn, I knew you were going to chime in Great advice as usual