Another question re:marrying a US citizen

[noreaga 0]

Oops, just found out what the difference is. Looks like the CR1 is for couples who have been married for less than 2 years, and who then would need a permanent green card.

[noreaga 0]

Oops, so my other question is: can we start the CR-1 process if both of us are overseas, i.e. outside the US? It sounds like it'd help tremendously if the US citizen is actually in the States during the process ...

[Justine+David 218]

If both of you are outside of the US and living together and meet other residency requirements, you can file for DCF which is directly with the embassy. There is a forum on this on VJ and it's also listed on the guides located at the top of this page.

[scotinmass 588]

If you have been married less than 2 years you can apply for a CR-1 if more than 2 years then it's an IR-1. The process for filing for either one is exactly the same. You send the same forms and evidence etc you just get whatever visa is relevant to you at the end. The CR-1 is a conditional 2 year greencard after which you have to apply again to have the conditions removed and get the 10 year greencard. The IR-1 gives you the 10 year greencard straight away with no conditions. IR-1 is obviously the best and cheapest option. As you will be spending 2 years in South Korea anyway it would be a good idea to marry before you left then after 2 years of marriage file for the IR-1.

You can get married anywhere including in the US but if you do get married in the US you have to convince the officer at your point of entry that you intend to leave the country after you are married. On the visa waiver program you have no right to appeal if they turn you away. It might be safer to get married in Canada or South Korea or wherever.

The fiance(e) visa is not really an option for your situation unless you wish to delay getting married until after your 2 years in South Korea and then start the K-1 process then.

Whatever you decide. Good luck!

[noreaga 0]

Thanks, scotinmas. On the point of having to convince the offer that I do not intend to stay in the US, what type of proof is generally necessary? Would it be enough to show him/her my return ticket, or a job contract from my workplace?

[DiZZyLoX 114]

Thanks, scotinmas. On the point of having to convince the offer that I do not intend to stay in the US, what type of proof is generally necessary? Would it be enough to show him/her my return ticket, or a job contract from my workplace?

You need to be able to show strong ties to whichever country you are planning to return to, in this case your job contract, return ticket and any other binding evidence would totally suffice.

[scotinmass 588]

Thanks, scotinmas. On the point of having to convince the offer that I do not intend to stay in the US, what type of proof is generally necessary? Would it be enough to show him/her my return ticket, or a job contract from my workplace?

A return ticket is essential on the VWP. I don't know if Canada is included in the VWP though as it's only recently that you guys even needed a passport to come in. You probably have a different arrangement and if you are driving in obviously you won't have any kind of ticket. Proof of a job and a permanent address back home should be enough. When I was visiting my wife before I got my visa I brought a stack of evidence of ties back home. I had details of my bank account, my job, my mortgage, letters from family, I also brought a copy of my vacation request form from my work stating which dates I would be off and when I was going back. I was grilled a few times but was never asked for any of the proof. I would think that they might be more suspicious of someone who is entering the country to marry a USC without a visa though so the more evidence you have the better. Possibly you being from Canada will make it easier than for someone from a "high risk" country.

Above all NEVER EVER lie. If they catch you in one lie (and they are very good at it) they won't believe anything you say.

[Inky 1,111]

A return ticket is essential on the VWP. I don't know if Canada is included in the VWP though as it's only recently that you guys even needed a passport to come in. You probably have a different arrangement and if you are driving in obviously you won't have any kind of ticket. Proof of a job and a permanent address back home should be enough. When I was visiting my wife before I got my visa I brought a stack of evidence of ties back home. I had details of my bank account, my job, my mortgage, letters from family, I also brought a copy of my vacation request form from my work stating which dates I would be off and when I was going back. I was grilled a few times but was never asked for any of the proof. I would think that they might be more suspicious of someone who is entering the country to marry a USC without a visa though so the more evidence you have the better. Possibly you being from Canada will make it easier than for someone from a "high risk" country.

Above all NEVER EVER lie. If they catch you in one lie (and they are very good at it) they won't believe anything you say.

Canada isn't VWP - it has its own deal with the USA. But the OP will be living in Korea at the time of his plans. Not Canada.

Bring the proof of your work in Korea the contract etc and the return ticket id bring a lease / rental paper too if you get one to show you are returning not only to a job but a home that you are keeping there.

[noreaga 0]

Thanks everyone for your assistance! The plan as of right now is for me to head over to Korea in 2012, with my girlfriend joining me there 3-6 months later. At some point, we probably will come back to the US, get married in a small civil ceremony, and then return to Korea. At the US POE, we will make our intentions clearly known, and I will bring copies of my lease agreement, employment contract, tickets for a return flight to show that I will indeed be returning to Korea.

After some additional reading, it then looks like a DCF through the consulate in Seoul might be the way to go !

[scotinmass 588]

Thanks everyone for your assistance! The plan as of right now is for me to head over to Korea in 2012, with my girlfriend joining me there 3-6 months later. At some point, we probably will come back to the US, get married in a small civil ceremony, and then return to Korea. At the US POE, we will make our intentions clearly known, and I will bring copies of my lease agreement, employment contract, tickets for a return flight to show that I will indeed be returning to Korea.

After some additional reading, it then looks like a DCF through the consulate in Seoul might be the way to go !

Sounds like a good plan. Good luck with the job.

[noreaga 0]

Thanks for the well wishes!

OK, so I have been researching this a little bit more, and there seem to be differing opinions on the question of what to tell the border patrol agent at the airport when we enter the US with the intention of getting married. The agent will most likely ask us for the purpose of our visit: on the one hand, I know to never lie to the agent, but on the other, i know not to willingly volunteer information and just get to the point.

So what do I/we say? How does that change if I am traveling on my own to meet her in the US, with the intention of getting married?

[DiZZyLoX 114]

Thanks for the well wishes!

OK, so I have been researching this a little bit more, and there seem to be differing opinions on the question of what to tell the border patrol agent at the airport when we enter the US with the intention of getting married. The agent will most likely ask us for the purpose of our visit: on the one hand, I know to never lie to the agent, but on the other, i know not to willingly volunteer information and just get to the point.

So what do I/we say? How does that change if I am traveling on my own to meet her in the US, with the intention of getting married?

Just be honest...tell them you're there for your wedding and then it's back to Korea in xx amount of days to finish out your contract in Korea. Then ask if they would like to see your documentation. That's what I would do. That might be willingly volunteering up information, but you better believe if you mention marriage they're going to ask you to prove you aren't intending to stay in the U.S.

I'd probably even arm myself with application papers for the IR1...(or DCF, i think you said?) that you intend to file from Korea after you're married.

Make sure you are well educated about what your steps are and the limitations of the laws. Truth will set you free!!

Edited December 30, 2011 by DiZZyLoX

[noreaga 0]

Thanks, dizzylox. It's a little scary to know how much power the border agents have! Of course, we all want to play by the rules of the game, but with so many 'gotchas' that can trip people up, I definitely want to be ready to address any questions that might come up!

[noreaga 0]

Hi everyone! Been away for a while, and wanted to revive this old thread to get some additional clarity on my (our) situation. I am back home in Canada now and getting ready for the move to Korea in September.

Recently, I have been entertaining the thought of actually getting married to my girlfriend in a small civil ceremony before i head over, as my employer will then be able to provide her a spouse visa. My question is: how risky is it to enter the US from Canada to marry her, even if I have the following items:

1. Proof of a return ticket back to Canada

2. Copy of job offer from employer in Korea

3. Copy of signed contract with employer in Korea

4. Possibly a copy of a Korean visa in my passport

5. Possibly a copy of a one-way ticket to Korea

I understand that the border agent has complete discretion, and the onus is on me to prove that I have no intention of staying ... but I am not really sure how risky this move is.

EDIT: I should also add that I am part of the NEXUS program that gives me the benefit of entering the US without having to talk to a border agent at the airport/land crossing. I have read reports here on VJ about Canadians crossing the border to get married, and the consensus seems to be what I thought; marrying is fine, but attempting to change status/immigrate is the big no-no.

Edited June 7, 2012 by noreaga

[noreaga 0]

anyone ?