Visitor to spouse visa

[jessie1987 0]

Hi,

My spouse and I had a traditional wedding ceremony in Canada which we did not register in either US or Canada. I am a Canadian citizen and crossed the border as a visitor since Canadians don't require any visa to cross the border. They did not ask about my marriage so I didn't tell them anything.

We were informed by a lawyer that since I have already entered the US, I should apply for a spouse visa. Others have informed us that this may be seen as an immigration fraud as I entered the US with the intent of staying here. Our lawyer informed us that since our city is rather small, the processing will be done much quickly.

Originally we had planned to apply for fiance visa but he said it'll be better to just get my immigration status changed here and apply for spouse visa. As a Canadian I can stay here for 6 months as a visitor.

What do you guys suggest?

Thanks.

[Inky 1,110]

Your marriage is not registered? so you have no marriage certificate?

You cannot file for AOS via marriage to a US citizen unless you have a marriage certificate.

Why would you apply for a visa when you are already in the USA, your lawyer is not giving correct information.

Visas are for people who are outside of the USA wishing to enter to live as a spouse or to get married etc. If you were to file and you have a marriage certificate you would file for adjustment of status not a visa.

[jessie1987 0]

Hi Inky, thanks for the reply. As mentioned, I'm technically only here as a visitor from Canada. I'm not LIVING here, I'm only allowed to be here for 6 months. As per my understanding, AOS is done after the visa is approved. So my question is that will it be labelled as immigration fraud if I simply go apply for a spouse visa even though I'm already in the country? Our lawyer said that since we're in a small city, it will be approved quickly and I can then apply for AOS before my 6 months are up.

[Brother Hesekiel 2,236]

Jessy,

you are as confused as dog that has been starved of food for weeks and then ate rat poison . . . if you catch my drift. (If you do, you're smart.)

Either you are married, or you are not married. If you are married, then somebody who is authorized to perform wedding ceremonies did it. If so, you got a marriage certificate or are about to get one. Let's say you got married aboard a cruise ship by the captain shortly before hitting an ice berg. Then he would state that in writing which would lead to a marriage certificate. So either you are married or you are not married.

If you are not married, then you need to get married. You can do that in California, in Canada, at the North Pole, or aboard a space ship, as long as somebody who is authorized to do that does it. After you got married, you have two options:

1) If you are outside the U.S. you apply for a spousal visa, the CR-1.

2) If you are inside the U.S. you apply for Adjustment of Status.

It's illegal to enter the U.S. without an immigrant visa with the intent to stay and become a resident on that very trip. This is Pandora's box, and I don't feel like opening it here and now. First find out if you are married or if this was just a bad dream after smoking the wrong stuff.

[Inky 1,110]

You never answered if you have a marriage certificate or not.

You cannot file any spousal things without one.

Your not filing for a visa if you are in the USA and staying in the USA. Go home to Canada. If you file for a visa you have to have the interview in Canada the medical in Canada and deal with all of that.

[jessie1987 0]

Hi,

Thanks a lot for responses. We were just about to go register our marriage legally but a friend suggested that I should get the spouse visa and not register the marriage just yet. He said that once I get the spouse visa, I would have to go back to Canada and go through an immigration interview there. The lawyer on the other hand suggested opposite and said the best thing is to just register the marriage here and get my status changed here legally.

my main concern is that I entered the US as a visitor. Can I get my status changed here without any immigration troubles? Can't they ask that how come I entered the US as a visitor and decided to get married here in such a short amount of time?

[Anh map 2,098]

You've got to sort out whether you are seen to be legally married already. Then choose your immigration path accordingly.

And don't rely on the previous "advice givers." They've already sent you down the wrong paths.

[Little_My 464]

If you are not legally married (which is still a bit unclear to me), then, as mentioned by earlier posters, you have no claims to any spousal benefits - such as a spouse visa, or adjustment of status. You have to be married and have a valid marriage certificate to show for it before you can begin the process, no matter which route you choose to take.

If you are not a spouse, you cannot apply for a spousal visa. If you are not married to a US citizen, you cannot adjust your status based on marriage.

When you say "Register your marriage", what exactly do you mean?

In any case, I think your lawyer was correct in advising you not to think about the K1 route, that doesn't seem to make sense since - on some level at least - you two seem to be married already. If you are married, then you can proceed to adjust your status in the US. If you are not married.. well, then you need to fix that first. Then figure out what the next step is.

[canadian_wife 1,822]

Do you have a marriage certificate from Canada? You say you had a traditional ceremony, did you sign the proper paperwork?

Without a marriage certificate, adjusting status or any sort of spousal visa is moot - as you do not have the documentation to provide.

Do you have the marriage certificate?

Good luck

[pushbrk 12,898]

Hi,

Thanks a lot for responses. We were just about to go register our marriage legally but a friend suggested that I should get the spouse visa and not register the marriage just yet. He said that once I get the spouse visa, I would have to go back to Canada and go through an immigration interview there. The lawyer on the other hand suggested opposite and said the best thing is to just register the marriage here and get my status changed here legally.

my main concern is that I entered the US as a visitor. Can I get my status changed here without any immigration troubles? Can't they ask that how come I entered the US as a visitor and decided to get married here in such a short amount of time?

I guess earlier you misquoted your lawyer. If you have no personal compelling reason to return to Canada anytime soon, your cleanest path is to simply marry and adjust your status. They can ask but it doesn't matter what the answer is unless you actually directly lied when entering.

It's illegal to enter the U.S. without an immigrant visa with the intent to stay and become a resident on that very trip. This is Pandora's box, and I don't feel like opening it here and now. First find out if you are married or if this was just a bad dream after smoking the wrong stuff.

He didn't enter with intent to stay. He's sorting out his intent now. He isn't even married yet.

[Krikit 1,164]

My spouse and I had a traditional wedding ceremony in Canada which we did not register in either US or Canada.

If you had a traditional ceremony then you had a license and the officiant registered your marriage.

Moving from K-3 Process to General Immigration Discussion.

[pushbrk 12,898]

If you had a traditional ceremony then you had a license and the officiant registered your marriage.

Moving from K-3 Process to General Immigration Discussion.

Well, it could have been a traditional ceremony without a license. They are either legally married or they are not. Either way, adjustment of status is a viable option once they have a certified copy of a marriage certificate in hand.