where to begin

[misslee 0]

Good evening all...I am a newbie to the site I live in Niagara falls Ontario Canada, and my soon to be husband lives in Niagara Falls but on the US side...I am so confused as to which way of going about things...We plan on getting married but not sure if we should do it before or after I enter the US...(and which way is the legal way of course)...if we got married in may like we were thinking, when they scan our passports everytime we cross at the border are they going to know that were married and give us problems?? I was also going to make the big move in July...but really need some help as to what to do...thanks in advance Kerri

[JimVaPhuong 4,863]

The K3 forum probably wasn't a good place to post this question. K3's are pretty much defunct, so this forum doesn't get much traffic. Most spousal visas are now CR1 or IR1.

First, there's a comparison of the visa options here:

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

Being married to a US citizen does sometimes cause problems for people entering the US. The CBP officer at the border may want to see proof that you have strong ties to your home country that will compel you to return when you're supposed to. A good job, dependent family members, property ownership - that sort of thing. If they think you won't leave when you're supposed to then they'll deny you entry. After that, you'd probably need a visa to get back into the US.

If you get married in May, the odds of you having a spousal visa by July are zero. It will likely take about a year, especially since you'll be interviewing at the consulate in Montreal which is known to be heavily backlogged.

[misslee 0]

Thanks for the response, as for the moving in july I was just going to cross over and then he was going to file...so maybe we shall do it the other way then, get married over there stay,and then he files???

[hikergirl 277]

What you are proposing can be interpreted as immigration fraud and can result in you being banned from ever crossing the border. To get across the border without the proper Visa would mean you would have to lie to the border guard.

Also, to cross the border with the intention of marrying and staying without a Visa in hand can also result in you being banned.

The process is not as simple as you seem to think it is. Please read the guide that Jim linked above and be prepared to change your current plans.

Edited October 6, 2011 by hikergirl

[misslee 0]

I didnt realize the process was like that until I read the link, and posted another topic and got a few responses...we just need to re-plan our course of action do have a question though if we get married,and I stay here(in Canada) and he files from there(US) would we still be able to see eachother, meaning crossing the border? we literally live 15 mins away from eachother...if we each carry pay stubs and proof of residence would that be enough for them not to think anything?

[pushbrk 13,042]

I didnt realize the process was like that until I read the link, and posted another topic and got a few responses...we just need to re-plan our course of action do have a question though if we get married,and I stay here(in Canada) and he files from there(US) would we still be able to see eachother, meaning crossing the border? we literally live 15 mins away from eachother...if we each carry pay stubs and proof of residence would that be enough for them not to think anything?

Most likely, you can both continue to visit but since he has no intention of immigrating to Canada, there would be no problem with him visiting you.

It's the "moving" part that causes the problem. To bring your household goods across, you need the appropriate visa.

[JimVaPhuong 4,863]

Thanks for the response, as for the moving in july I was just going to cross over and then he was going to file...so maybe we shall do it the other way then, get married over there stay,and then he files???

Many immigration lawyers will often recommend you do it this way because it's possible. Nobody on VJ would recommend it because it's illegal. Each type of non-immigrant entry has it's own conditions, whether it's a non-immigrant visa, Visa Waiver Program, or the Western Hemisphere Travel Initiative (used by Canadians to enter the US without a visa). Most of them do not allow the alien to enter if they intend to become an immigrant before they leave again. There are only a handful of visa types that allow "dual-intent", i.e., entering the US with the intention of remaining a non-immigrant or becoming an immigrant. The WHTI is not a dual-intent entry. If you enter the US from Canada using the WHTI, and your intention is to become an immigrant before you leave, then you are technically breaking the law.

The reality in most cases is that it's not an issue, which is why immigration lawyers often recommend it. Preconceived intent to immigrate is serious, but it's not generally serious enough to deny a green card for an immediate relative of a US citizen. However, it does occasionally cause serious problems for some people. If CBP finds evidence of preconceived intent then they'll deny you entry to the US. If USCIS discovers that you ever lied to an immigration officer about your intent then they'll not only deny your green card, they'll ban you from returning to the US, potentially for the rest of your life.

In spite of the relatively low risk, nobody on VJ will recommend this because it's never wise to take risks which aren't necessary. It's also a violation of the VJ Terms Of Service to recommend anything illegal.

The issue of visiting the US after you've married has been covered. The chances of a CBP officer presuming you intend to immigrate are higher so they may ask for evidence that you intend to return to Canada.

[hikergirl 277]

I didnt realize the process was like that until I read the link, and posted another topic and got a few responses...we just need to re-plan our course of action do have a question though if we get married,and I stay here(in Canada) and he files from there(US) would we still be able to see eachother, meaning crossing the border? we literally live 15 mins away from eachother...if we each carry pay stubs and proof of residence would that be enough for them not to think anything?

If you take a look at the Canada forum, there are plenty of people who have had no issues visiting the US during the visa process. It's found through the forums at the top then scroll down a ways to Regional Forums then click into Canada. You will find a lot of advice that is completely Canada based

[misslee 0]

Thank you all for responding...I would be lost without this site!! I will defiantly check out the canada forum pages :-)