Canadian planning on marrying into US Navy

[keysjangle 145]

Hello there everyone, this is my first thread here but it seems like you're all very knowledgeable, and from just a quick look around I see you've dealt with Canadians coming to the United States before

So, here's our background: I'm 21, he's 27. I'm 2 semesters away from getting a Bachelor's degree from a very reputable Ontario university. He and I met online in 2006, and have been travelling back and forth since February 2009. I've spent 2 summers with him (4~ months total) plus five 2 week visits between the both of us. He's being moved to Hawaii in April and is in Florida currently. I'll be visiting him again for two weeks during my upcoming Christmas break as well. We are happy and very secure in our long distance, and have been thinking long term for a year or so now.

The dilemma: Due to issues with his advancement, he is not currently able to get BAH (paid to live off of base) and so we've been talking about alternative options to get the BAH. The most natural option seems to be to get married (or engaged) in my upcoming visit. I've told him before any decisions are made I want to go to Navy legal and get their advice, but I can't wait till then to get some ideas - and this is where I need all your help

The concerns:

- If we went through with a marriage, I don't think I'd be able to come back to Canada while the paper work/legal is being handled to finish my degree: Is this true?

- Would I be treated with preference because I'm in school/finishing a degree and marrying into the military?

- The costs!?!

- Would immigration grill me? I've heard horror stories before of women being humiliated when trying to move for marriage, i.e. personal questions about their sex lives

- The difference between a Fiancee Visa versus others.

That's all I can think of off the top of my head, but any tidbits of information or helpful links would be greatly appreciated

Thanks for your time

[JimVaPhuong 4,863]

- If we went through with a marriage, I don't think I'd be able to come back to Canada while the paper work/legal is being handled to finish my degree: Is this true?

Not true. You would, in fact, be expected to return to Canada and wait out the petition and visa application process. The only complication is that it might be more difficult to enter the US as a visitor after you've married because the CBP officers might suspect you intend to immigrate. (Entering the US with a non-immigrant entry pass with the intention of immigrating is not legal.)

Best not to start the visa process until you are ready to move permanently to the US.

- Would I be treated with preference because I'm in school/finishing a degree and marrying into the military?

Your being in school is irrelevant for immigration purposes. His being in the military might qualify for expedited processing, but only if he were being deployed outside the US. He'll have to meet 100% of the poverty guidelines to qualify as a sponsor (non-military people have to meet 125%), but even an E1 can meet 100% of the poverty guidelines. He may be able to get free advice and assistance if there is an immigration liaison office on his base.

Other than that, no preferential treatment.

- The costs!?!

Depends on what kind of visa. The total fees, start to finish, will range from around $1500 to over $2000.

- Would immigration grill me? I've heard horror stories before of women being humiliated when trying to move for marriage, i.e. personal questions about their sex lives

Only if they suspect you married primarily to get an immigration benefit. This sort of interrogation is relatively uncommon at the visa interviews at the US consulates in Canada. It sometimes happens at interviews at USCIS (green card interview, removal of conditions, etc). Again, not very common.

- The difference between a Fiancee Visa versus others.

Here's a good comparison:

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

[keysjangle 145]

Very helpful, thank you.

So my best bet right now would be to consult Navy legal while visiting and prepare a timeline of sorts. Plan when I'll be finished with school and able to travel to the U.S. to stay long term, for example.

I suppose an engagement without any paperwork would be harmless?

Say I was to book my flight for that final long term visit where we planned on marriage. Would I get a return flight as well to show the U.S. customs agent on my way there (and just cancel it later) or start the paperwork in that period and return home as planned? For my two month trips I would have my full itinerary for them to see and my passport would be stamped with a B2 visa and I'd have no issues. I don't think I'd want to tell an airport agent "Yeah I plan on getting married that's why I didn't bother with a return flight, but I pinkie swear I'll get one once the papers are started".

(Entering the US with a non-immigrant entry pass with the intention of immigrating is not legal.)

- That seems a little ridiculous in the context of the marriage process Edited November 23, 2010 by Gervl

[canadian_wife 1,822]

Because you are married it does not entitle you to live in the US. And further, using a non-immigrant visa (such as entering the US as a tourist) with the intentions of immigrating is not legal, as Jim said. if it was, there would be no use for a formal immigration system - everyone would just arrive...and stay. Cannot you not see why that would cause problems?

If you enter the US, you should have ties to Canada, a job, a lease, enrollment in school, car payments, utility bills, etc. Especially if engaged or married to a US citizen. I always err on the side of extra caution due to the fact I was denied entry into the US. If you decide to marry during that time, return to Canada to complete the immigration process

Good luck

[CBM 14]

Okay, here is my opinion. Take it as just an opinion.

If you are willing to be married and living apart, do the CR-1. You can get married over Christmas on your next visit, as long as you have time to get the marriage license together and whatnot, from whichever office you get it from in Florida.

Or, you can get married on your next visit there, later in the year.

The reason I suggest the CR-1 is because you are stuck in Ontario waiting out school, so you have to be here anyway... and the CR-1 may take a bit longer, but remember - you're here anyway doing school! so what is a few extra months? you say 2 more semesters... so you'll be here til at least next December, and it may take just a year or a little over a year to do the CR-1, so you are good that way. And the CR-1 is cheaper than the K-1 (fiance visa), AND you will have your green card immediately, and not have to wait several months for work authorization to get a job in the US. That can be a lot of student loan payments!! (if you have any!)

Also, Jim mentioned visiting while you have a visa pending is harder... is it, but it won't be impossible. Especially if you're enrolled in school. That is a great tie to Canada, especially since you most likely either live in the dorms or have a lease. Also good ties to Canada. So, visiting with a CR-1 pending, while in school is definitely doable.

We personally filed for the K-1, but truthfully, I wish we had done the CR-1 visa for some reasons. The reason we didnt was because we didn't want to be apart during our first year of marriage... but looking back, we've been apart for almost 3 years anyway, so we could have managed to be apart for another year, as a married couple. CR-1 is cheaper, we could have had our real, actual white wedding after I moved there for good, and I would have been able to work immediately.

Again, just my opinion!

What school are you at?! I'm at the U of Windsor doing my Bachelor of Education (ie- teacher's college as everyone here calls it!)

[JimVaPhuong 4,863]

Very helpful, thank you.

So my best bet right now would be to consult Navy legal while visiting and prepare a timeline of sorts. Plan when I'll be finished with school and able to travel to the U.S. to stay long term, for example.

Navy legal? No, I don't think they can help you, nor would they if they could. You're a foreign national, and not a member of the US Navy.

Some bases have an immigration liaison office that can help Navy personnel with immigration related matters, including filing petitions with USCIS. If your fiance's base has an immigration liaison office then your fiance can utilize their services the way he would utilize the services of an immigration attorney, but it's free.

You work out your timeline with your fiance. That will dictate when he submits the petition to get things started.

I suppose an engagement without any paperwork would be harmless?

I don't understand the relevance of this statement. You don't need any documentation, either from the US government or the US Navy, in order get engaged. Depending on his position, he may have to report his relationship with you to the Navy. Having a relationship with a foreign national may affect his security clearance.

Say I was to book my flight for that final long term visit where we planned on marriage. Would I get a return flight as well to show the U.S. customs agent on my way there (and just cancel it later) or start the paperwork in that period and return home as planned? For my two month trips I would have my full itinerary for them to see and my passport would be stamped with a B2 visa and I'd have no issues. I don't think I'd want to tell an airport agent "Yeah I plan on getting married that's why I didn't bother with a return flight, but I pinkie swear I'll get one once the papers are started".

You don't understand the process yet. You really should read the guides (link at the top of any page). The visa process begins with the US citizen filing a petition with USCIS. You, the foreign beneficiary, do not have to be in the United States when he submits the petition. In fact, for a great many of us (myself included), our fiancee's or wives didn't step foot into the United States for the first time until AFTER the entire visa process was finished, and they had their visas.

Do not lie to the CBP officer at the port of entry, under any circumstances. You don't have to volunteer the fact that you're getting married, but if they ask then you absolutely must tell them the truth. It's far easier than you think to get caught lying or find yourself in secondary inspection being grilled by an ICE officer for a few hours. If they catch you lying about a material fact that could affect whether or not you will be admitted to the US then you'll be banned from entering for 5 years, 10 years, or even the rest of your life.

- That seems a little ridiculous in the context of the marriage process

Not ridiculous at all. There are visas for fiancee's and spouses of US citizens to immigrate to the US. The government expects you to go through the proper visa process, and get the appropriate type of visa if you intend to immigrate. A visitor's visa is for visiting - nothing more. You can get married while visiting with a visitor's visa, but staying is immigrating. People who are immigrating to the United States are processed for immigration - background checks and criminal history, health related inadmissibilities, the likelihood of becoming a public charge, etc. Non-immigrants are not processed the same way because it's expected they won't be staying indefinitely. For this reason, it's substantially faster and easier to get a visa or entry pass to visit the US as a non-immigrant. It is illegal to use the faster and easier non-immigrant entry with the intention of immigrating.

This doesn't mean you can't enter the US as a non-immigrant visitor, even though you eventually intend to immigrate. It just isn't legal to enter with a non-immigrant visitor's visa if you intend to stay and become an immigrant before you leave again.

[keysjangle 145]

Okay, so, some of what I've gathered:

- Patience is mandatory and it pays off

- I already knew I would need him to petition, but not that I didn't have to be physically present

- It's better off if we start the process once I'm ready to stay

- I have to look into the CR1 some more (vs. other visa types) and he can go to his liaison to gather information

- I already knew not to lie/mess with customs; I have a friend who moved to marry a guy in New Orleans and she got denied entry for a visit because she didn't have enough ties to home. Got pulled into an interrogation room and the whole shabang. Moral: Customs can ruin your plans if you're not ready.

- And yes, I know getting engaged doesn't need to be documented on my part (or any part under normal circumstances), but I would like to clarify with him whether he needs to disclose the information to anyone

I am pretty new at dealing with all this. This is the first time I've felt a sense of urgency in beginning to really digest the information - and there's a lot. So I apologize for any redundancy on my part haha. Thanks again for the information and I'll be looking more into the resources on the website for sure.

[CBM 14]

Be sure to check out the guides - they are super helpful no matter which visa you pursue, and the wikis can be helpful, too.

Good luck!

[happilycontent 16]

The dilemma: Due to issues with his advancement, he is not currently able to get BAH (paid to live off of base) and so we've been talking about alternative options to get the BAH. The most natural option seems to be to get married (or engaged) in my

What do you mean due to issues with his advancement, he is not currently able to get BAH? Rank doesn't matter when it comes to receiving BAH, nor does it matter where they're going to station him. As long as you're married you will receive it, or if you're rank E-5 and above you can receive BAH even if you aren't married and want to live off base.

[Brandi n Michael 8]

My opinion,

And this is if you are absolutely certain you want to get married, Get married and start the paperwork (CR1 6-10 months) you have 2 semesters left in school, Should be no problem with time line. Medical will be in Toronto/Montreal and interview in Montreal in the later/last stages so be prepared to travel.

Personally I never had troubles visiting while married, I just always showed return ticket with my passport and other ties (course schedule) I was also a student, although they never asked for any other ties it was good to have with me if they did.

Living in base housing shouldn't be a problem as long as it is a 'joint residence' and you CAN live there for when it is approved. So I would get that in order before filing the paperwork.

Otherwise, I would start looking at the guide as to what information is needed so you two can start putting evidence of relationship together. (stamps in passport if you have any, Boarding passes, pics of you both with friends and family, call logs) You must prove relationship is real and not just by word of mouth. I know I didn't get passport stamped when I traveled so I had to document that when we filed and support it with other information. PITA

Have fun but if it were me and I was serious I would start collecting stuff now from when the relationship started...

[keysjangle 145]

What do you mean due to issues with his advancement, he is not currently able to get BAH? Rank doesn't matter when it comes to receiving BAH, nor does it matter where they're going to station him. As long as you're married you will receive it, or if you're rank E-5 and above you can receive BAH even if you aren't married and want to live off base.

Within his command you have to be E4 to get BAH without a spouse/dependents. Or, if the barracks are very full they can get BAH easier, but at the time they aren't... or if he has 2000lbs worth of stuff, which he does not.. so on and so forth. He's working on his advancement, but the percent of people they allow to advance was way too slim this time around although he passed with flying colours. Totally out of his hands but we're not letting it dissuade us. He currently lives with a friend off base (technically still in barracks) but that won't be an option once he moves to Hawaii unless he has BAH, and this is why we've started looking at our options.

My opinion,

And this is if you are absolutely certain you want to get married, Get married and start the paperwork (CR1 6-10 months) you have 2 semesters left in school, Should be no problem with time line. Medical will be in Toronto/Montreal and interview in Montreal in the later/last stages so be prepared to travel.

Personally I never had troubles visiting while married, I just always showed return ticket with my passport and other ties (course schedule) I was also a student, although they never asked for any other ties it was good to have with me if they did.

Living in base housing shouldn't be a problem as long as it is a 'joint residence' and you CAN live there for when it is approved. So I would get that in order before filing the paperwork.

Otherwise, I would start looking at the guide as to what information is needed so you two can start putting evidence of relationship together. (stamps in passport if you have any, Boarding passes, pics of you both with friends and family, call logs) You must prove relationship is real and not just by word of mouth. I know I didn't get passport stamped when I traveled so I had to document that when we filed and support it with other information. PITA

Have fun but if it were me and I was serious I would start collecting stuff now from when the relationship started...

We have a lot of pictures together both in Toronto and in Florida, so that shouldn't be a problem. I should have itineraries in my inbox (we both fly on my Aeroplan miles, so I get the itineraries sent to me and thankfully I've kept a few). I don't have any boarding passes or anything, but my passport has been stamped with B2 Visas a couple times, and I'm not sure about his. I'd have to ask. Perhaps he's kept some of his leave paperwork - god knows he ever organizes his room I'll definitely start piling up whatever I can find and any future items like boarding passes.

I always brought extra documentation with me like pay stubs, school documents and always had a return date set on my itinerary. I'm glad I've been alerted to this early on though so I have lots of time to dig around and start collecting.

[GhLove 4]

As a military member, I know that if you get married you WILL get the BAH with dependent rate. However, with the Navy I have known of situations where he will still be required to live on the boat/barracks. Since the money is primarily of the dependent when you have not yet reached the appropriate rank and/or the boat/barracks still has plenty of space. So you may get the BAH (the ammount will probably be based on where YOU the spouse is located- although I'm not sure how the do it for international couples). He should also be getting seperation pay and you would have medical benefits as well. But more than likely he will still be expected to maintain a room in the barracks or a bed on the boat...I see that happen ALOT here in Norfolk.

[keysjangle 145]

Great success! Dug out his boarding passes from his trip here 2 weeks ago ... from the garbage. Whatever it takes to build up proof, I'm up for it

[Brandi n Michael 8]

Great success! Dug out his boarding passes from his trip here 2 weeks ago ... from the garbage. Whatever it takes to build up proof, I'm up for it

HA I remember doing that to. I didn't know what I needed at the time

Brandi

[CBM 14]

good dedication, Gervl! haha I like your style