We are confused.

[Julie B. 2]

Hello,

I am an American living in Michigan. My fiance is Canadian and lives in Windsor. We would like to get married, and have my fiance move to Michigan. He visits me every weekend, since we only live 60 miles apart. We were wondering which visa to apply for. He would like to be able to commute to his job in Windsor while living in Michigan until he is legally able to find work in Michigan. Also, he has a son and an elderly mother who live in Windsor, who he would like to visit as often as possible. It seems as though a CR1 is the way to go due to the travel restrictions, but how does he legally cross the border "without the intent to marry?" issue. It would be fine if we could marry in the US, he could live in Windsor while our paperwork is being processed and work his current job. The only problem would be travel restrictions to the US since I have sole custody of my 3 kids, and can rarely travel to Canada. Please give any and all advice, and thank you in advance.

Julie

[Inky 1,111]

No its without intent to marry, stay and adjust status.

He can come to the US and get married, he just has to go back to Canada after, then you would file the CR-1 for him.

The part is he has to prove hes going back to Canada, so needs proof of job waiting for him to come back family needing him there, return tickets etc.

[Done--Really 331]

He can't "live" in the US until he has his visa, but there shouldn't be any problems with regular travel back and forth. Having lived in Detroit, I knew plenty of people on each side of the river who worked on the other side every day.

In this case, I think it might be worth talking to the head of the CBP unit in Detroit to see if they would issue him some sort of document to make his passage easy, but be sure to NEVER say that he wants to "live" in the US while he commutes to Windsor. He does LIVE in Windsor, and wants to regularly visit his wife while you wait for the CR-1 process to complete.

[Julie B. 2]

No its without intent to marry, stay and adjust status.

He can come to the US and get married, he just has to go back to Canada after, then you would file the CR-1 for him.

The part is he has to prove hes going back to Canada, so needs proof of job waiting for him to come back family needing him there, return tickets etc.

So what would he need as proof? Pay stubs from his job? His son's passport? Then what would travel too and from the us be like while we wait for the CR1?

Again, thanks.

[Julie B. 2]

He can't "live" in the US until he has his visa, but there shouldn't be any problems with regular travel back and forth. Having lived in Detroit, I knew plenty of people on each side of the river who worked on the other side every day.

In this case, I think it might be worth talking to the head of the CBP unit in Detroit to see if they would issue him some sort of document to make his passage easy, but be sure to NEVER say that he wants to "live" in the US while he commutes to Windsor. He does LIVE in Windsor, and wants to regularly visit his wife while you wait for the CR-1 process to complete.

Thank you so much for your help with this. What do you suggest for the "wedding"? As you know, they always asks "what is the purpose of your visit?" We really want to do this the right way, but gosh they make it so hard for 2 people to just fall in love and have a life together. Who knew 60 miles could be such a pain.

[Done--Really 331]

Most people have no problem going back and forth to Canada while they wait for the CR-1 to process, and yes he will need proof of employment, maybe a lease, his son's passport is a good idea...things that tell CBP that he is going home after the visit, and remember--HOME is in Windsor until this is over. I really am serious though about visiting CBP and talking to them to see if there is a way to make it easier for him to travel regularly while you wait.

You have to understand that there are no guarantees that they will let him in, but fortunately if he is refused, he is close by so you can go to him. But in any event, we are only talking 8 months or so--maybe less--and while you wish he could "live" with you while you wait, think about most of us whose spouses are thousands of miles away--we get through it and so will you.

Edited August 17, 2011 by magical

[Done--Really 331]

You can do the wedding on either side of the river--no big deal either way. If you decide to do it here, all he has to say is that he is visiting friends--there is no need to expand beyond the question that is asked. If they ask is he planning to get married--highly unlikely question--then of course his answer has to be yes, and that he is returning to his job, kid, house, mother etc. within a few days.

As I said before, no guarantees in border crossings.

[Julie B. 2]

You can do the wedding on either side of the river--no big deal either way. If you decide to do it here, all he has to say is that he is visiting friends--there is no need to expand beyond the question that is asked. If they ask is he planning to get married--highly unlikely question--then of course his answer has to be yes, and that he is returning to his job, kid, house, mother etc. within a few days.

As I said before, no guarantees in border crossings.

Thank you so much for your help. Do you suggest getting married before we talk to the cbp?

[Done--Really 331]

Get married--have fun. Everything else will follow.

[William33 110]

Moved to Canada forum as requested by the OP.

[SF2007 48]

As I said before, no guarantees in border crossings.

Unfortunately, he could be denied entry even if he has the proper documentation. Just be aware it can happen so you won't be too disappointed. If so, it will not hurt his application as long as he tells the truth and stays clam and polite. It's a decision that's always up to the custom officer and most don't like to hear about a wife and belongings being across the border. Once denied, he would have a hard time visiting again before he has his visa in hand. However, with the visa issued, he will have no problem.

You can marry anywhere as long as you obtain a valid marriage certificate. Enjoy your special day!

Good luck!

[JoannaV 174]

My advice would be to not tell him about the wedding until after he's arrived :B That way he definitely won't have trouble at the border!

[Flames9_RN 358]

You can get married in the USA, thats what we did, got married at the courthouse, started the CR-1 paperwork and then had a family wedding later on--99% of them thought it was real--didnt know that we were already married,lol

1 thing you do NOT want to do is LIE!! That will really ruin ur day,ur year if they catch u in a lie!! If ut saying ur just going down to the USA to visit ur boyfriend and u get sent to secondary and they go thru ur luggage and find ur wedding dress, etc etc, not a good thing. Just saying. My advice on visiting the USA is below in my signature block! Saying all that above, most have no problems at all!!