Biggest Mistake of My Life?

[lynndy38 64]

Just wanted to say Im sorry about your journey to be together being fraught with stress,sadly I dont think anyone gets away with that one......

Anyway I would like to remind you this is YOUR personal process and what Im finding is what happens with another visa members journey even if its a carbon copy of your circumstances it can have very different twists and turns so try not to get too freaked out at what people tell you. You just have to go for it.........and when you reach a hurdle,have patience and faith that you will eventually be with your partner. Seek legal advice and take on board what the wonderful folk here tell you but just remember it won't always apply to you.

I'm finding most of this process makes no sense atall at times......what worked for some wont necessarily work for you.

We did the CR1 route too......its hard to be apart and EVERYONE would rather not having to be apart for months on end but for now this is what we all have to do......good luck and dont lose hope.....you WILL get there in the end.

[ethomps 16]

Thanks again everyone. I've talked things over with my fiance, and we think we may try and go for the spousal visa as the majority of you have suggested.

My fiance is really bad when it comes to going through customs-- she's worried that she'll mess up going through and blow our "back-up" if the US rejects our IR1/CR1 application. So with that being said. We were going to try and look into a destination wedding.

When applying for the IR1/CR1, does the marriage license have to be the native country of 1 of us in order for them to even consider it? Do we HAVE to get married in either USA/Canada (in our case) in order to be considered for acceptance? Does anyone have any cons against a destination wedding? We were thinking somewhere we could get a good deal on a vacation package like the Dominican or something.

Edited November 30, 2012 by Anonymous23

[hikergirl 277]

Thanks again everyone. I've talked things over with my fiance, and we think we may try and go for the spousal visa as the majority of you have suggested.

My fiance is really bad when it comes to going through customs-- she's worried that she'll mess up going through and blow our "back-up" if the US rejects our IR1/CR1 application. So with that being said. We were going to try and look into a destination wedding.

When applying for the IR1/CR1, does the marriage license have to be the native country of 1 of us in order for them to even consider it? Do we HAVE to get married in either USA/Canada (in our case) in order to be considered for acceptance? Does anyone have any cons against a destination wedding? We were thinking somewhere we could get a good deal on a vacation package like the Dominican or something.

The only con I can think of is you will most likely have to travel via the US and will have to clear US customs to go down.

That being said, you would have an itinerary showing that you are just travelling through the US with concrete plans to continue on. Bring the normal proof of ties to Canada that you would have brought if you were travelling to the US as a backup and it should be fine. Do you have any ties to Canada anymore or did you quit work etc because of receiving bad advice?

[Harpa Timsah 13,258]

You can marry on the moon if you like - it doesn't have to be only the US or Canada. Anywhere that you can get legally married in is fine

Edited November 30, 2012 by Harpa Timsah

[mtcmk1 37]

I don't think you'll have a problem doing the K1 visa. If it would have been a problem, the officer would not have suggested it. In addition, if you were banned completely from the US, they would have told you as well... So no worries, you'll be reunited to your fiancee soon.

[jaycali 415]

Thanks again everyone. I've talked things over with my fiance, and we think we may try and go for the spousal visa as the majority of you have suggested.My fiance is really bad when it comes to going through customs-- she's worried that she'll mess up going through and blow our "back-up" if the US rejects our IR1/CR1 application. So with that being said. We were going to try and look into a destination wedding.When applying for the IR1/CR1, does the marriage license have to be the native country of 1 of us in order for them to even consider it? Do we HAVE to get married in either USA/Canada (in our case) in order to be considered for acceptance? Does anyone have any cons against a destination wedding? We were thinking somewhere we could get a good deal on a vacation package like the Dominican or something.

First of all, welcome to VJ!

Second of all, I am sorry that you had to learn the hard way. Your friends basically advised you to commit fraud, and that this was just "frowned upon." It's not, as you've found out it is a very serious matter and can have dire consequences.

Luckily for you, it sounds like you were honest the whole way through. Trying to enter as a tourist with the intention of staying, and being truthful to the CBP about this will only get you a denied entry. Had you lied about it you would have been in bigger trouble. Hopefully, you will be able to find out what the CBP has on your file. To me, it sounds like you were most likely just denied entry because you tried to immigrate on a non-immigrant visa. As for a K-1 or CR-1 visa - The point of those visas is to immigrate, so a previous denial for immigrant intent is then irrelevant. They cannot and will not deny you an immigrant visa because you wanted to immigrate before.

Third, you can marry anywhere you like. As long as the marriage is legal under US federal law, i.e. no polygamy, no same sex, no minors involved etc., it won't matter one bit. A Caribbean wedding always sounded good to me!

Edited November 30, 2012 by Jay Jay

[james&adry 3]

Hello,

First off I am sorry you went through this the hard way. Its an unfortunate thing with the immigration system being it can be such a pain in the butt to get through. The reality is that we live in a world where nations have to protect their borders and interests when you have terrorists and illegal immigration running rampant. I am not saying you are either one of those by no means but the laws of the land are put forth to protect its citizens for a reason.

The best thing to do in your case is to marry the girl in your country as I have done with my wife in Colombia. We filed a simultaneous K3 (when that existed) and a CR1 but believe me, we were much happier with the CR1 visa route than the other way around. It has saved us much money and heartache. Also read and heed the advice given on here and in the forums relating particularly to the type of visa your after. I believe you even have a forum dedicated to your home country regarding visa issues so Id check into it. Goodluck man, Canada is much cheaper/friendlier place to get to than what some of the other couples on here have endured.

[Kathryn41 3,205]

As the OP seems to have decided to pursue a CR-1 spousal visa, I am now moving this thread from the General Immigration forum to the CR-1 forum.

Good luck to you and your fiancee as you maneuver through the US immigration process. You will find lots of good and useful advice here on VJ - but again, even here you can get some misinformation (different countries may have small differences in the process) so do your own homework as well. The more you know about the immigration process the better you will be able to make the rest of the journey as efficient as possible.

[NikLR 13,232]

Join us in the Canada forum as well!

[Brother Hesekiel 2,236]

If you have some money to burn . . . why not flying to France or Italy or any place where you'd like to spend your honeymoon anyway, get married there? Upon return your wife will file the I-130. The only thing your little stunt will prevent is you being able to visit your wife in the U.S. while waiting for the CR-1 interview in Canada. But she'll be able to visit you there, so not all is lost.

[ethomps 16]

Hey everyone,

Good news is that I called the office of where they pulled me over last week. The guy on the phone reassured me that I wasn't flagged for misrepresentation, and that it shouldn't affect my future application for a CR-1/IR-1 visa.

PHEW! Talk about the best news I've heard all week . My fiance did talk to an immigration attorney today, and he gave us a bit of a scare when he said that if my process goes well, I'd need to interview in Montreal (Canada). Which in his experience, is regarded one of the strictest consulate's in the world. Salesman talk? :S

[hikergirl 277]

Hey everyone,

Good news is that I called the office of where they pulled me over last week. The guy on the phone reassured me that I wasn't flagged for misrepresentation, and that it shouldn't affect my future application for a CR-1/IR-1 visa.

PHEW! Talk about the best news I've heard all week . My fiance did talk to an immigration attorney today, and he gave us a bit of a scare when he said that if my process goes well, I'd need to interview in Montreal (Canada). Which in his experience, is regarded one of the strictest consulate's in the world. Salesman talk? :S

If you look at the experiences for the consulates, very few Canadians are given a hard time at the consulate in Montreal. It's considered one of the easiest Consulates.

Now the MENA countries (Middle East North Africa) & Ghana - they are scary.

You can check out Embassy Reviews in the second blue bar up at the top of the page. Don't let the lawyer scare you into hiring him.

[Moomin 292]

If you look at the experiences for the consulates, very few Canadians are given a hard time at the consulate in Montreal. It's considered one of the easiest Consulates.

Now the MENA countries (Middle East North Africa) & Ghana - they are scary.

You can check out Embassy Reviews in the second blue bar up at the top of the page. Don't let the lawyer scare you into hiring him.

Right!

I think Anh Map put it in a few yet precise words(when the case is straight forward). Let me see if I can find it..

Here; http://www.visajourney.com/forums/topic/390205-what-is-the-best-k1-fiancee-visa-law-firm-out-there/page__view__findpost__p__5704753

I think that advise ought to be pinned when there are no issues.

[NikLR 13,232]

Total salesman tactic. Montreal has almost a 5 star review from VJ members. You do not need a lawyer to do this process. That's why we're here.

[jaycali 415]

Hey everyone,

Good news is that I called the office of where they pulled me over last week. The guy on the phone reassured me that I wasn't flagged for misrepresentation, and that it shouldn't affect my future application for a CR-1/IR-1 visa.

PHEW! Talk about the best news I've heard all week . My fiance did talk to an immigration attorney today, and he gave us a bit of a scare when he said that if my process goes well, I'd need to interview in Montreal (Canada). Which in his experience, is regarded one of the strictest consulate's in the world. Salesman talk? :S

Montreal one of the strictest in the world!?

This is a lawyer you want to stay away from. He'll spend the next year scaring you into spending more money on him.

Read through the consulate review section here on VJ. I assure you you'll be a little less scared of Montreal. Lawyers are for complicated situations. After your call to the CBP, your situation just went from "potentially complicated" to DIY. Save your money.

Ahn map said it very well in moomin's link.

Edited December 1, 2012 by Jay Jay