Getting married while in the US on a tourist visa

[Boiler 44,949]

I'm not sure if I'm allowed to double post but it said i did not have permission to edit my other post.

Also Why doesn't the USCIS not understand the grief involved in a lenghty seperation. It's not like the marriage is fake. Is that enough to convince them to approve us?

You could have gone through the process 10x over by now.

The delays have been on your side.

Have you looked into moving to Canada?

I see no reason why you can not get a CR1.

[Brandon187 1]

You could have gone through the process 10x over by now.

The delays have been on your side.

Have you looked into moving to Canada?

I see no reason why you can not get a CR1.

I know the delays over the years are my fault. They would be extremely long going for these other visa, The CR1 visa shows so many different times taken to get and those are close to a year as well. I have thought about moving to Canada, I am already a dual citizen there. Well I'm not sure if I am anyone. My canadian citizenship card was fro mwhen I was like 7 or 8 I lost it up there, I do have a social insurance number though. I love the US though, I'm born american and lived her most of my life. My wife loves it here too. If the CR1 takes that kind of length to do and we'll most likely get denied / ban for the fraud thing, I don't even understand how it's fraud though but if we do I will sell everything I own and move to canada.

[Brother Hesekiel 2,235]

Answer to you last question first: USCIS is an entity without emotions, following completely outdated rules. I'd say they wait for the long overdue immigration reform as much as everybody else who's involved with immigration in some way.

First question.

I'm not sure about the exact processing times for CR-1s in Canada right now, but there are plenty of Canadians on this board who will be able to help you out with this one.

Entry is always dependent on the CBP officer at the border. They are trained to sort people out who they think might want to immigrate illegally. If you file the CR-1 petition, you show that you and your wife are doing it the correct way, without circumventing immigration laws. So I don't see any problem for your wife, a Canadian at that, to "visit" her husband and spend time with him while the application is being processed. Generally speaking, she should get 6 months and thus should be able to stay 6 months with you. What matters is that she doesn't overstay and that she attends the interview in Canada.

[JimVaPhuong 4,863]

Brandon,

First, you need to calm down and spend some time learning about this stuff. So far, from what you've said, you've spent a total of about 8 hours researching this. That's not enough. Take your time, and go step by step.

First, pick a date when you want to submit your petition. Give yourself a reasonable amount of time to collect the documents and evidence you're going to need, and to do the research you're going to need to do. One or two months from now would be reasonable.

Next, research what documents you're going to need during this process. You can get all of the information you're going to need from the CR1 guides here on VJ:

http://www.visajourney.com/content/i130guide1

You may need some documents from her before you submit the petition. For example, if she's ever been divorced, you'll need copies of the divorce decrees. You'll also need a G-325A filled out and signed by her.

Plan for her to bring any documents you need for the petition with her the next time she visits. Organize the visit so that you'll be preparing and submitting the petition while she's here. That way, you can both work on the petition package.

With a little luck, maybe you'll be able to squeeze in a second visit after you submit the petition and before she has to be back in Canada for the interview. Yes, they may give her a little trouble at the border. It's possible they may even deny her entry. As Bob says, if you've already filed the CR1 then they're less likely to suspect that she'll try to adjust status while she's in the US, since she'll be able to show she's trying to immigrate legally. If they still deny her entry, then take a little time off and go visit her in Canada.

So, relax, take your time, and you and your wife can work on this process together. It does seem like it takes a long time, but you'll be surprised at how short it seems when it's all over. Be thankful your wife was able to visit you for long periods of time. For some of us, our SO's couldn't get a visa to visit the US under any circumstances. Instead, we have to travel around the world and visit for a couple of weeks at a time. You're a lot luckier than you know.

[Brandon187 1]

Answer to you last question first: USCIS is an entity without emotions, following completely outdated rules. I'd say they wait for the long overdue immigration reform as much as everybody else who's involved with immigration in some way.

First question.

I'm not sure about the exact processing times for CR-1s in Canada right now, but there are plenty of Canadians on this board who will be able to help you out with this one.

Entry is always dependent on the CBP officer at the border. They are trained to sort people out who they think might want to immigrate illegally. If you file the CR-1 petition, you show that you and your wife are doing it the correct way, without circumventing immigration laws. So I don't see any problem for your wife, a Canadian at that, to "visit" her husband and spend time with him while the application is being processed. Generally speaking, she should get 6 months and thus should be able to stay 6 months with you. What matters is that she doesn't overstay and that she attends the interview in Canada.

I would like to do that if the wait times aren't close to years. I talked to her and she says she can't do it enough is enough with the long bus ride only to leave again a short while, and because she's already stayed here from August 20+ 2009 to Jan. 21, 2010, she thinks she'll have problems or won't be able to stay but a month. As for the USCIS, aren't they people? I'm not trying to fake marry, or smuggle drugs or got married just for a PR. Say she comes here for another six months stays 4 and then we do the AOS. I say we didn't know about the marriage thing which is true. Which is why she went back. Then after a few months there, she wants to bring my daughter to visit and her as well, and while she's here we look into PR, find out she can apply for AOS because she is immediate relative and not excempt. So we decided to do that and we find out she cannot leave because she'll jeopardize the paperwork. I know you all will judge me for that because you have gone through the k1 way, but I if I had known I would have. I didn't know anything about this suff until yesterday and only found out today they might look at it as intent to stay. She will give up on the whole process and she hates Canada right now, well we have been arguing about things because of her family in canada and she feels jaded towards them, this is why I wanted her to come back in the first place. It's causing us a great deal of pain and it's jeopardizing our relationship. If those thinsg weren't happening I'm sure she wouldn't mind the Canada idea at all. She is very emotional up there because of all this. I know none of this is going to matter to you guys and gals. I love her and want her to be happy and she hasn't left me with any other options right now. I really need to to work to save my relationship. It's to the put I'm just ready to lob a bullet in my head as I have no other option to take. I hate the risk though. I don't want them to say You had "intent to stay" denied, deported lifetime ban. And lose my wife and child forever. I wish I could do this legal and she could stay here legally and there was no worry about any of it. It's like no one has experienced this situation. How long does the AOS take from start to finish? Could we have it all done without going into the 180 day thing is that possible? and would that be legal then. How are these illegals who sneek in able to do it. If I have no choice but to go this route, what are my chances, in your opinions only. It's like no one can give me a straight answer all I get are "May happen, may not". I guess you could say I'm just looking for reassurance. I do this and get denied I lose my family. I tell her we have to do the wait thing, I lose my family, I ask her let me move up there. "that's the easy way out we will have to completely start over, then my family, We will have wasted all this time the marriage and all the traveling and pain I felt going back and forth would be for nothing." If she hadn't left the first time, this would be easy as no part of my story would be a lie. I just don't know what to do...

[belinda63 3,022]

Immigration laws are the law, the law does not care about your marriage or how long the process takes. What you are planning in your last post (or at least suggesting)is visa fraud plain and simple. You are attempting to bypass the immigration laws.

IF she enters as a tourist and then "discovers" about adjusting status how will you explain that you missed the part about needing a visa (CR-1) to do it legally? How will you explain that you married, she returned to Canada, and then decided to return and suddenly "discovered" this information while she had come for a visit? Your plan is throwing up big red flags.

It is possible to adjust status from a tourist visa if it is a spur of the moment marriage that had no prior intent. INTENT is the key word here. Girlfriend comes to visit, it's Valentine's day, you get married because Cupid hit you with his arrow. In your case you are already married so the burden is on her to PROVE she does not intend to immigrate.

Let me spell this out very clearly.....no one can know if your plan will work. Maybe she will get her 2 year green card and when it comes time to lift conditions they will question about it then, maybe it will happen when/if she applies for citizenship. This is a huge burden to bear and something I would not rather do, I would rather do it the legal way and not have to worry because the CONSEQUENCES of entering as you suggest (tourist then filing for AOS) can and may lead to any penalty up to and including a LIFE TIME BAN to enter the US.

So, You feeling lucky?

BTW illegals can't AOS from inside the US. Don't care who they marry or who they know, if they entered illegally they cannot adjust status from marriage to a US citizen.

[Brandon187 1]

I am hoping I can convince her to go the cr1 way, so it's basically 100% sucessful. They said after the petition is approved which can take up to 6 mths. It can take up to 6-12 months for the visa to be issued and 10.7 months is average. So close to 2 years without them.

Yes I would be attempting to bypass immigration laws. IMO it's a pretty stupid law. I would tell them I'm not a immigration lawyer so I don't know all the bells and whistles. I've been at it almost a complete day and I still don't know understand the half of it.

I would explain our relationship was suffering from a hardship and I felt she needed to visit me so we could work it out, which is the truth. It's my own personal business but still the truth. The only lie is that I discovered the AOS thing before she came here.

We did have no prior intent. She was here for over 4 months then sprung the question on me.

I do know all your points are valid though and a good warning. I just hope things will work themselves out and one day I can put this whole experience behind me.

[Boiler 44,949]

BTW illegals can't AOS from inside the US. Don't care who they marry or who they know, if they entered illegally they cannot adjust status from marriage to a US citizen.

Not quite true, look up cancellation of removal.

Also for Mexico, if you qualify for the Fast Track process, no criminal past, it takes a few days.

[Boiler 44,949]

I am hoping I can convince her to go the cr1 way, so it's basically 100% sucessful. They said after the petition is approved which can take up to 6 mths. It can take up to 6-12 months for the visa to be issued and 10.7 months is average. So close to 2 years without them.

Yes I would be attempting to bypass immigration laws. IMO it's a pretty stupid law. I would tell them I'm not a immigration lawyer so I don't know all the bells and whistles. I've been at it almost a complete day and I still don't know understand the half of it.

I would explain our relationship was suffering from a hardship and I felt she needed to visit me so we could work it out, which is the truth. It's my own personal business but still the truth. The only lie is that I discovered the AOS thing before she came here.

We did have no prior intent. She was here for over 4 months then sprung the question on me.

I do know all your points are valid though and a good warning. I just hope things will work themselves out and one day I can put this whole experience behind me.

The whole process should take less than 10 months, longer you pontificate the longer it will take.

[Brandon187 1]

The whole process should take less than 10 months, longer you pontificate the longer it will take.

Thank you and your right

[Brandon187 1]

I just want to say thank you to everyone's posts. I also want to thank you all for your help and input no matter how subjective it is. Also thanks for baring with my illiteracy. I'll keep you posted on what we will do. I want to go for the cr1 now even more with the 10 mths answer. I'm sure my wife wants to do the latter as she see's it as if we get denied I'm also a citizen of Canada. I just have to explain to her she'll keep her status in Canada and be able to live here as a PR.

[belinda63 3,022]

Good luck and Godspeed

[Brandon187 1]

Hey everyone. I've convinced my wife to go the cr1 way. We now have some concerns about the border. I told her to say that she would be visiting our daughter's grandmother. That her say would be 2 weeks. That's not true though her stay woould probably be more like 3 mths. She would be visitng me. The whole purpose is we need to work out our issues so we can get past it and it doesn't work as well when it's not face to face. We also need to get the papers for pettioning in order she can go over everything. I want to then travel back with her to Canada for a bit while waiting for the approval or the next step to be sent to my home in the U.S. She's only bring enough clothes for 2 weeks. I worried if they take her to secondary and ask her to prove she has enough ties to her country she won't have enough or they might stil lturn her away or even ban her. She has her bank account, which she could use a statement showing she has enough funds for the visit She has a round trip ticket. but my daughter only has a one way. I'll be purchasing her return ticket along with my own. There's no lease with her apt so I'm not sure what to do about that. She also get's government financial assistance. So she does not have a job or pay stubs. How can we prove she is only visiting? Also if anyone knows I have a DUI conviction from 2002, it's only one and never had another since. When I go through Canada should I be prepared to pay the $200 fee for it even though I'm a dual citizen? Should I just say I'm an america citizen, I've only got my SIN I lost my Canadian citizenship card. I'll also only have a U.S passport.