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Filed: Country: Canada
Timeline
Posted

I am a Canadian Citizen here in the US on vacation. I was issued an I94 on entry for the three weeks I was intending to stay. A lot can happen in three weeks and I would now like to marry. In reading info on this site and others I'm nervous about doing so. I don't want to be accused of fraud and banned from returning to the US.

If we marry can I stay in the US? Also since I've already been issued an I94 for lac of ties to Canada how hard is it to prove that marriage was not my intent when crossing the border? No lies were told at the border but I'm not sure how to prove that.

Is it possible to marry and stay with the man I love, or is that a risk not worth taking? Is it better to return to Canada and go through the process there? Is it possible to get an extension on the I94 and start the process here?

Any advice would be appreciated.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

I am going to assume that you knew this man before correct?

Since it is not common for a Canadian to be given an I94, why were you?

Honestly, I'd leave when you were told to, and complete the process from home

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Country: Canada
Timeline
Posted

I am going to assume that you knew this man before correct?

Since it is not common for a Canadian to be given an I94, why were you?

Honestly, I'd leave when you were told to, and complete the process from home

Good luck

I did know him before. We've been friends for a while. The I94 was due to the fact that I'm currently not employed in Canada and don't own a home or have a lease.

Thank you for the reply.

Filed: Timeline
Posted

As the previous poster said I hope you have known this person longer than this 3 week visit.

You can marry here, have him file a CR-1 and start the process which takes on average 8 months.

Then you can return and have the green card upon entry.

It is possible to stay here, but you will encounter some problems and doing it the above mentioned way is the proper way. From now till then you must document everything to prove a bonafide marriage. Take pictures together, keep records of phone or skype calls. Joint bank accounts, etc.. There is a web site that describes the eveidence.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

From the evidence you gave, I would absolutly return home to Canada. Nothing says you cannot visit again during this process and he can certainly visit you in Canada.

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Country: Canada
Timeline
Posted

I mey not have been clear. Have him file CR-1, go back home, then return when the process is finished

Thank you all for the advice. Just to clarify, we have known each other for some time via internet. This is not a man I just met. This all does seem rather surreal but I'm not quite crazy enough to marry a man I just met lol.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Still, return to Canada.

You may file for the CR-1 visa TODAY and stay until your authorized stay is up

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Posted

I agree with the advice already given for you to return home when the I-94 states. You can either marry here and apply for CR-1, or just go home and apply for a K-1 fiance visa and then come back and get married at a later date, but either way I would return home.

The fact that you were given an I-94 would more than likely be a problem in your AOS process if you chose to stay, marry and AOS without going home. Canadians are very rarely given I-94's. It's really not worth the risk if you truly are serious about this person, not to mention you could lose further privelages to come to the states if you are suspected of fraud.

Filed: Timeline
Posted

I agree with the advice already given for you to return home when the I-94 states. You can either marry here and apply for CR-1, or just go home and apply for a K-1 fiance visa and then come back and get married at a later date, but either way I would return home.

The fact that you were given an I-94 would more than likely be a problem in your AOS process if you chose to stay, marry and AOS without going home. Canadians are very rarely given I-94's. It's really not worth the risk if you truly are serious about this person, not to mention you could lose further privelages to come to the states if you are suspected of fraud.

CR-1 is much cheaper, they almost cannot deny like they can on K-1, and you have the green card immediately upon arrival and do not have to wait for months to get it.

We did the same thing, wife came here on tourist visa, we got married in court she went home and awaited the process, ours took 6 months. During this time I went to visit her halfway through and we had a family wedding party. Start documenting proof now with pics etc... See the IR-1/CR-1 section on this web site for details. Good luck

Filed: Citizen (apr) Country: Canada
Timeline
Posted

CR-1 is much cheaper, they almost cannot deny like they can on K-1, and you have the green card immediately upon arrival and do not have to wait for months to get it.

We did the same thing, wife came here on tourist visa, we got married in court she went home and awaited the process, ours took 6 months. During this time I went to visit her halfway through and we had a family wedding party. Start documenting proof now with pics etc... See the IR-1/CR-1 section on this web site for details. Good luck

A few inaccuracies here.

First - yes they can deny a Cr-1 visa, for many reasons, the same as a fiance visa

Secondly - you do not get a green card upon arrival. You get permenant residency but the actual card comes later.

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Country: Canada
Timeline
Posted

A few inaccuracies here.

First - yes they can deny a Cr-1 visa, for many reasons, the same as a fiance visa

Secondly - you do not get a green card upon arrival. You get permenant residency but the actual card comes later.

Good luck

Okay, now that I'm good and nervous about the entire process I'll be heading home and completing everything necessary that way.

Unfortunately I have no children of my own (in this case not such a bad thing I guess), but his children are here, otherwise we may look at him coming to Canada, but one of the things so great about him is his relationship with his children and leaving them is not an option.

Thank you all for your help, it really is appreciated. I'm sure I'll be using this site regularly to help get through the process.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Okay, now that I'm good and nervous about the entire process I'll be heading home and completing everything necessary that way.

Unfortunately I have no children of my own (in this case not such a bad thing I guess), but his children are here, otherwise we may look at him coming to Canada, but one of the things so great about him is his relationship with his children and leaving them is not an option.

Thank you all for your help, it really is appreciated. I'm sure I'll be using this site regularly to help get through the process.

No need to be worried. Absolutly no need! Getting married and leaving is the right thing to do, nobody is going to second guess your decision and if your mararige is real (which it seems that it is), there is no reason to be nervous.

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

 
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