Wedding in Canada possible on K-1?

[tallfrond 2]

My girlfriend in Niagara Falls and I will soon be engaged. We really want to be married in Niagara Falls where she grew up (Canada side of course), but we also will very likely be going through the K-1 process first. Once she has her K-1 visa, is it possible for us to be married there, and then return across the border and just have a civil ceremony to make it official on the U.S. side? Will us having been married in Canada in any way impact our ability to reenter the U.S. together?

As a side note - Niagara Falls is of course a border town, and like everyone there, my girlfriend is used to going back and forth across the border frequently, even just for shopping trips. Her church is in NY, in fact.

She already has her SSN, as well as an R-1 visa that expires this August, due to having worked for a religious organization in Chicago a few years ago, but has been living and working in Canada for the last two years. I have hoped that either of these two things would move things along an easier path, but so far from my research that doesn't seem to be the case.

[slider100 8]

The K-1 visa has a lot of pre-requisites, just like any other visa. These are:

a) A US citizen can file a K-1 visa for his/her foreign fiance.

b) Upon receiving the visa, the foreign fiance has to enter the US within 6 months.

c) Upon entering the US on a K-1 visa, the marriage should take place IN THE UNITED STATES, within 90 days.

These are just some of the important requirements of K-1. So to answer your question, once you receive the K-1, you have to get married in the US. You can not get married in Canada.

If you do get married in Canada, the K-1 visa will be void and then you will have to file an immigrant visa for your spouse (CR-1/IR-1).

Hope this helps!

KnR aka slider100

[canadian_wife 1,822]

No, sorry, you cannot get married in Canada then travel to the US on a K-1 visa. The K-1 is for unmarried people only. One of the stipulations on a K-1 is that you must, as slider outlined, marry in the US.

Now, some people will say that as long as the 'ceremony' is not a legal marriage then you're ok. I advise against this as you do not want the assumption of a marraige in anyway because this could lead to a denail. If your fiance wants a marriage in Canada, then you can do a couple of things. Marry in Canada and apply for the spousal visa. Petition for the K-1, marry in the US, adjust status, travel to Canada and have a ceremony there.

Good luck.

[bluenoser77 0]

We were in the same boat. We opted to go the K-1 route, get married in the US with a civil ceremony and then have the 'real' wedding celebration in Canada. It's not ideal, but it's fine. The other route (CR-1?) is also not ideal since you can't be together after getting married- but this is fastest, I think, for getting working permission. And if your fiancee lives in a border town, she may be permitted to enter the states with special permission, making the process easier for you guys. However, I know nothing about this, so unless you already know about this, it's something you could look into.

If you do K-1 (quick ceremony in the states and bigger one in niagra) be sure to calculate carefully the time needed to get papers together in order to get married in canada. I didn't calculate waiting for things after getting K-1 like marriage cert and advanced parole, which added a few more months on the process. It luckily didn't interfere with the wedding plans in Canada, but it came dangerously close.

The K-1 visa process you can get an idea of time-wise on the processing times links. You can also feel out other members waiting times by peeking at timelines. For me, I applied in mid-August/09 and was with K-1 in hand by April 1st/10 via Montreal and Vermont.

Things I didn't know about:

-waiting for marriage cert after being married: 2 weeks (this might depend on which state- I am in NY) You need this doc to apply for Advanced Parole

-waiting time for advanced parole: 2-3 months (although I'm expecting it in about 2 based on current trends) Your fiancee needs this approved before she can leave the states

My wedding is July 30th and I believe (hope!) I will be able to leave the states at the end of June.

Good luck in deciding which route to take, and congrats on the beginning of your new lives together!

[trailmix 77]

Once she has her K-1 visa, is it possible for us to be married there, and then return across the border and just have a civil ceremony to make it official on the U.S. side? Will us having been married in Canada in any way impact our ability to reenter the U.S. together?

Just to clarify - a marriage in Canada is recognized as a marriage in the U.S. - so there is no getting married anywhere in the world, then getting married in the U.S. to have it "official". If you two got married in Australia tomorrow, it would still be recognized as a legal marriage in the U.S.

Good luck!

Edited April 18, 2010 by trailmix

[coraliesolms 47]

I agree with the previous posts. Have a "courthouse" marriage in the states, and then a ceremony in Canada for family/friends. The K-1 is a visa that allows you to legally marry in the states and adjust your status without having to prove that you didnt "intend" to get married while you were just visiting.

If you dont want to wait for a greencard and all that after you are married to travel back to canada, then do the ceremony in canada first (but dont get legally married), and after she has crossed the border, run to the nearest courthouse and "legalise" it

[antda 13]

My girlfriend in Niagara Falls and I will soon be engaged. We really want to be married in Niagara Falls where she grew up (Canada side of course), but we also will very likely be going through the K-1 process first. Once she has her K-1 visa, is it possible for us to be married there, and then return across the border and just have a civil ceremony to make it official on the U.S. side? Will us having been married in Canada in any way impact our ability to reenter the U.S. together?

As a side note - Niagara Falls is of course a border town, and like everyone there, my girlfriend is used to going back and forth across the border frequently, even just for shopping trips. Her church is in NY, in fact.

She already has her SSN, as well as an R-1 visa that expires this August, due to having worked for a religious organization in Chicago a few years ago, but has been living and working in Canada for the last two years. I have hoped that either of these two things would move things along an easier path, but so far from my research that doesn't seem to be the case.

Tallfrond-Congrats on the engagement! And good luck with the marriage/wedding too...

If it makes you feel any better, many years ago, my husband and I were considering that too actually....

For us to get married on the US side, or to go back and get married on the Canada side....

And yes, we travel the border frequently too..between NY and Ont..lol....

But since I was already in the USA. for a visit..

We decided to get married on the NY side instead....

And the rest is history....

(see my VJ timeline for more info)

As for your situation, here are your options, since you have prior intention to marry....

If you want to marry in the USA..

1) File for the k1 visa..

2) Come to the USA and get legally married in the USA within 90 days

3) File for the AOS/green card

4) Get the green card...

If you want to marry in Canada..

1) Get legally married in Canada

2) File for the CR-1 visa

3) Come to the USA

4) Get the green card...

Either way, it results in a marriage, and a green card....Whatever works best for the both of you.....

See the VJ guides and timelines for more info too....

Hope this helps. Good luck on your immigration journey too.

Ant

[tallfrond 2]

Well we are still contemplating the preferred idea, which is that we would have a full-blown but non-legal ceremony in Niagara Falls, then come back to our home in Minnesota and have a legal courthouse marriage. My only concern is whether this would lead to problems upon re-entry. Really they have no way of knowing about the ceremony but I don't know what kinds of questions they ask and I can see it would be a problem if the border agent found out.

[Udella&Wiz 325]

Well we are still contemplating the preferred idea, which is that we would have a full-blown but non-legal ceremony in Niagara Falls, then come back to our home in Minnesota and have a legal courthouse marriage. My only concern is whether this would lead to problems upon re-entry. Really they have no way of knowing about the ceremony but I don't know what kinds of questions they ask and I can see it would be a problem if the border agent found out.

No one here will tell you its ok to lie, I would suggest you don't. Of course technically, unless there is a marriage license filed from your 'full-blown but non-legal' ceremony the government doesn't know about it. But again, why bother bending the truth. Just so you can have a special ceremony?

Have you considered that the K1 isn't for you? Go with a married Visa instead and you can do what you're suggesting. Neitehr way is ideal, both mean you spend some time apart.

Also - having an SSN or the prior R1 visa does not impact her K1. They treat everyone the same

Edited May 25, 2010 by Udella&Wiz

[Hugglebuggles 60]

After you have your large non legal wedding in Canada are you going to drive to MN with a load of wedding gifts in your car? Are you going to have wedding rings on? Will there be wedding pictures or souvenirs on you? Will you accidentally refer to each other as "husband" or "wife"? These are things to think about, as they will all cause serious red flags when she moves to the US on her K-1. If they have reason to believe you're already married, she will likely be denied and you will need to begin the process again. With that said, it is technically possible and permissible to have a non-legal "wedding celebration" or "ceremony" in Canada. You just need to be very careful with the logistics and seriously consider if it is worth the risk. I would have loved to get married in Canada, but for me it wasn't worth the risk and I was very set on the K-1.

On a random side note, I'm from Welland, one town over from Niagara Falls. I can certainly understand how frustrating it is to be so close yet so far away.

[Kathryn41 3,205]

Just another consideration no one has mentioned yet - the K-1 is good for a one time entry to the US only. Once the K-1 enters, if they leave the country before they get either a green card or an AP (special travel document that you apply for at the same time as the Adjustment of Status), they will not be allowed back into the country to live - and will probably be turned back at the border until they obtain either another K-1 or a CR-1 spousal visa depending on if they are unmarried or married when they cross. If you go the K-1 route, be prepared that she will be in the US for a probable minimum of 3 months before she can safely leave the US and be allowed to return. The AP generally takes about 60 to 90 days to receive and you need to be married first and applied for the AOS at the same time. Depending on how quickly you get married and apply for the AOS, it could even be longer than that.

If you want to have friends and family attend the wedding which is why you are hoping to have it in Niagara Falls, Canada, why not consider having it in Niagara Falls, NY? I know the falls are not as nice there, but your guests should be able to travel across the border for the wedding and your fiancee would not have to leave the US. It is a possible compromise that might work.

If you do choose to have a non-legal 'ceremony' in Canada before she enters on the K-1, you must realize that you cannot have the ceremony in a church or with any sort of official person conducting it. You can use 'Uncle Fred' or 'next door Bob' as your officiant to do the part normally done by an officiant, but they cannot be legally authorized to conduct a wedding. It would be more of a dress rehearsal and must not in any way appear like a 'real' wedding or you may find yourself in trouble at the border, as Hugglebuggles says. If the border authorities even suspect there has been a wedding you will run into problems which at the very least will cause you delays and may end up having you re-do the whole process anyway.

Sometimes immigration requires us to give up some of our dreams in order to have ones which are more important happen.

Edited May 26, 2010 by Kathryn41

[R&N 0]

My girlfriend in Niagara Falls and I will soon be engaged. We really want to be married in Niagara Falls where she grew up (Canada side of course), but we also will very likely be going through the K-1 process first. Once she has her K-1 visa, is it possible for us to be married there, and then return across the border and just have a civil ceremony to make it official on the U.S. side? Will us having been married in Canada in any way impact our ability to reenter the U.S. together?

As a side note - Niagara Falls is of course a border town, and like everyone there, my girlfriend is used to going back and forth across the border frequently, even just for shopping trips. Her church is in NY, in fact.

She already has her SSN, as well as an R-1 visa that expires this August, due to having worked for a religious organization in Chicago a few years ago, but has been living and working in Canada for the last two years. I have hoped that either of these two things would move things along an easier path, but so far from my research that doesn't seem to be the case.

Hi there,

take a look at this thread, it might answer some of your questions

http://www.visajourney.com/forums/topic/184284-religous-ceremony/page__p__2729273__fromsearch__1entry2729273

Edited May 26, 2010 by R&N

[tallfrond 2]

Thanks folks these are all points well taken. In my mind, without any sort of official documentation, we would not have been married in the eyes of the US Gov't, so it wasn't "lying" in my mind before now. She would simply say she is entering the U.S. to marry me, which would be true. Presumably we could take off our rings and drive over in separate cars with minimal luggage to help the process.

With the thread R&N linked to, however, I'm certainly reconsidering this approach. It seems there is less difference between being married in the eyes of God and in the eyes of the government than I thought. I certainly agree that it may not be worth the risk. We'll talk about it and see. The thought of adding another 3 months for advance parole at the end of the whole process in order to have the ceremony in Canada is not a fun one, however (since we would not live together until after the public friends & family ceremony).

Udella&Wiz, I understand what you're saying, but the timing is just all wrong for marriage and CR-1/K-3 visa at this point. Besides, I've already filed the I-129F

[Hugglebuggles 60]

I'd hate to throw another wrench in your plans, but there's something you may want to consider if you don't want to live together until you've had the Canada ceremony. I'm certainly not judging that decision, I think that's very respectful. However, if you end up with an AOS interview your marriage will be examined and scrutinized by the interviewing officer. A big part of the interview process is preparing relationship evidence to show you have a real, working marriage and have commingled your lives in a meaningful way. A big part of this is in showing you are living together. After all, how many married couples live in the same city but not in the same house? If you chose to live apart, be prepared for an uphill battle and to defend your living situation. It may cause a serious red flag on the part of the IO.

AOS interviews are seemingly rather random, and probably happen in about 50% of K-1 AOS cases. My husband and I had an AOS interview and there certainly was nothing unusual or complicated about our case. In many cases, AP's aren't approved very far in advance of the AOS approval, so it would be very difficult to receive your AP, get married in Canada, and then develop strong relationship evidence in time for an interview.

Just something else to think about!