what is the best and quickest Visa process to use for our situation?

[Cesar & Cata 35]

let's stop the bickering.

Yes the constant back and forth with is pretty annoying. However, i would like to know the truth, is it ok to come into the US on a non-immigrant visa with the intentions of getting married (if not already) and changing status?

[pushbrk 12,569]

Yes the constant back and forth with is pretty annoying. However, i would like to know the truth, is it ok to come into the US on a non-immigrant visa with the intentions of getting married (if not already) and changing status?

If those intentions are known, then it is unlikely the visitor will be admitted to the USA. In the case of the spouse of a US Citizen, if AFTER, they are already here, they decide to adjust status, that option is available. Nobody is going to ask them about their intentions during the AOS interview because those intentions are not grounds to deny the AOS.

To plan ahead of time to do so, is risky in that one never knows if they will actually be admitted to the USA.

[Kathryn41 3,205]

Yes the constant back and forth with is pretty annoying. However, i would like to know the truth, is it ok to come into the US on a non-immigrant visa with the intentions of getting married (if not already) and changing status?

It is considered immigration fraud to use a visa issued for one purpose (to visit) with the intention of using it for a different purpose (to immigrate). There is another visa type available that should be pursued instead - either a K-1 if you wish to immigrate and get married in the US, or a CR-1 if you wish to get married somewhere else and immigrate. While 'intent' is not always provable and where intent alone may not be enough to cause a denial, it can certainly make an immigration officer look harder at the petition to find other 'problems'. It may also, depending on what she says at the border when entering the US, be interpreted as 'misrepresentation' which can lead to a finding of 'fraud'. Your best solution is the one you proposed the first time. It leaves nothing to chance, does not rock any boats and while it may be a few months longer before you live together as husband and wife, your fiance still has other commitments that would necessitate that anyway, so why put it all at risk?

Your fiancee has landed immigrant status in Canada. You wish to get married in Uganda and then later on have a US ceremony as well so that both families can participate. Since she is going to school in Canada already and plans to return to her studies there, that gives her some good 'ties' to Canada which will help reassure the border agent that she will not try to use one visa (visitor) for a fraudulent purpose (immigrate). Having the paperwork for the CR-1 application in hand will also reassure the border authority that you are not trying to put something over on immigration. She should be fine for visiting - as long as she does indeed just 'visit'.

So, your original plans sounds best. Get married this Winter; both of you return to your respective countries; you file the I-130, then you both proceed with a CR-1 from the US Consulate in Montreal. She continues in school while the CR-1 is processing. In the Summer she visits and you hold your US ceremony after which she returns to Canada both to return to her studies and to continue the CR-1 process. She will need to attend an interview in Montreal, and once she has the visa in her passport, she will be able to use it to enter the US, get her green card status, and still return to her studies in Canada to finish her degree without any difficulties.

You asked if she could transfer to the US for her final year of school? While that sounds like a good idea in principle, itt would not be as easy as you think. It would also be substantially more expensive which is definitely something to consider.

If she planned to transfer to a US school she would not be able to do it this summer as she would not have the proper credentials in place time to return to school this fall. It is uncertain whether they could be in place for the Winter term either so it would most likely mean she would have to delay her studies until a year from now. Since she is nearly finished, you two should look on her current education situation as 'a bird in hand being worth 2 in the bush' - in other words, she has a sure thing now and she can finish her education in Canada without interruption and at a cheaper cost, then move permanently to the US when she is done, ready to start her new life with you.

Be sure to stop by the Canada Regional forum for some first hand experience and insight into doing the CR-1 visa through Canada. We're a pretty friendly bunch .

Edited August 30, 2012 by Kathryn41

[Cesar & Cata 35]

If those intentions are known, then it is unlikely the visitor will be admitted to the USA. In the case of the spouse of a US Citizen, if AFTER, they are already here, they decide to adjust status, that option is available. Nobody is going to ask them about their intentions during the AOS interview because those intentions are not grounds to deny the AOS.

To plan ahead of time to do so, is risky in that one never knows if they will actually be admitted to the USA.

Got it!! :wink:

Really appreciate the clarification, there is def some gray area here.

So it's more like if the spouse or fiance comes, and they (then) decide to marry or not leave (cause they realized (here and now) that they dont want to separate) they can adjust status. Funny thing is I actually know a couple who are living this right now, she came to visit 3 weeks and she is already on her final month (6th month), so this does actually happen.

Dang, too bad my wifes visitor visa was denied.

Edited August 30, 2012 by Cesar & Cata

[ValerieA 350]

send the I-130 listing Canada as her residence and 5-6 months later have the interview in canada, no big deal.

WOW, Montreal has sped up a LOT since I applied for a CR-1...it was more like a year back then.

[pushbrk 12,569]

WOW, Montreal has sped up a LOT since I applied for a CR-1...it was more like a year back then.

Unfortunately that is an error. The "her" in this case is the foreigner. Only if both petitioner and foreigner live in Canada could the process go that quickly.

[JohnR! 5,495]

Yes the constant back and forth with is pretty annoying. However, i would like to know the truth, is it ok to come into the US on a non-immigrant visa with the intentions of getting married (if not already) and changing status?

I agree with you on that one. It is not uncommon for people to have different opinions on a same subject, so it is unproductive to presume an opinion should be the be-all end-all for any subject.

For edification purposes, here are some links, one of which concerns a similar discussion in another thread. They may provide an additional point of view, and explain, in a more comprehensive manner, what the law is and how it looks upon certain immigration practices.

I hope this helps.

http://www.visajourney.com/forums/topic/385795-adjusting-status-on-a-tourist-visa/

http://www.pcurtislaw.com/facts-myths-getting-married-us-after-entry-tourist-visa

http://www.peerallylaw.com/en/content/view/562/