Elephant in the room

[Sol88 0]

So I've done a bit of research and am currently in the k-1 process. However, a question has been asked that I would like to get cleared up. Is it possible if they are Canadian to simply jump across the border to get married and then file for adjustment of status? Because all the k-1 visa seems to do is get them here in the US.

Just curious; Is it even legal? What would happen later if it is legal? Anyone come across this before?

[CDNme 11]

Canadian here!

As far as I know... yes, a Canadian can enter the country and get married to an American and file (I believe the I-130?!) however, herein lies some issues:

1. When you apply, if it is deemed that the beneficiary entered the country under false pretense (ie - they said they were going shopping or vacationing) and then got married to someone they have an established relationship with (meaning they've crossed the border to spend time with previously), they could deny the Visa, deport and ban the beneficiary from the US for 1, 5 or 10yrs.

2. If you do this without filing after the Canadian arrives/you are married and they stay longer than 6 months, the Canadian citizen cannot leave the country and expect to re-enter. Period.

3. If they enter the US with the intention of marrying a USC with no current petition in place, they (Border Patrol) will likely just deny them entry.

It happens and works, but it was too risky for my liking. I have heard/read about my fair share of horror stories. Of course, as I'm finding out, there are waivers for just about anything. Poke around here... a lot of great info/stories.

Best of luck!

Edited March 23, 2013 by CDNme

[hikergirl 277]

It has been done, but you also run the risk of a lifetime ban (no visiting or using as a flight stopover) for misrepresentation. For lying at the border.

We’ve had 2 Canadians very recently join the board because they were turned away from the Port of Entries.

They were now looking for the proper way of doing things because they’d been told it was okay to do. It’s not. You can enter to get married that’s okay - IF you can show you are planning on leaving.

I got married in the US then flew home to do things the completely legal above board way for a spouse.

I wanted to be able to work (or collect EI) right away on crossing. The K1s have a fairly long wait before they can work, plus K1 is way more expensive.

Check out the comparison table: http://www.visajourney.com/content/compare

Edited March 23, 2013 by hikergirl

[Alaska2012 462]

Anyone can enter the US to get married, that is perfectly legal. It is when you enter with the intent to marry and adjust status that you are in trouble. That is fraud. But marry and then go about it the right way is just fine. Still have to go back to Canada in other words.

Edited March 23, 2013 by Alaska2012

[baron555 934]

So I've done a bit of research and am currently in the k-1 process. However, a question has been asked that I would like to get cleared up. Is it possible if they are Canadian to simply jump across the border to get married and then file for adjustment of status? Because all the k-1 visa seems to do is get them here in the US.

Just curious; Is it even legal? What would happen later if it is legal? Anyone come across this before?

That is visa fraud, since your intent is to circumvent the visa process, regardless of your border jumping abilities.

It could be vetted out during AOS or ROC and could result in a deportation and permanent ban for life. Your choice now?

[Gary and Alla 3,694]

So I've done a bit of research and am currently in the k-1 process. However, a question has been asked that I would like to get cleared up. Is it possible if they are Canadian to simply jump across the border to get married and then file for adjustment of status? Because all the k-1 visa seems to do is get them here in the US.

Just curious; Is it even legal? What would happen later if it is legal? Anyone come across this before?

The K-1 allows you to adjust status without leaving the country. If you enter the US with the intent to marry AND remain your benefits can be denied and you can be deported. It is not legal to enter with the intent to marry, get married, and attempt to adjust status without leaving the USA...without a K-1 visa. A visitor visa, which is what Canadians are granted when they are allowed to enter, does not permit getting married AND staying here.

[Sol88 0]

Thanks for all the responses! Knew there had to be a good reason why we're all paying and waiting so long.

[VanessaTony 3,567]

I wanted to be able to work (or collect EI) right away on crossing. The K1s have a fairly long wait before they can work, plus K1 is way more expensive.

Check out the comparison table: http://www.visajourney.com/content/compare

The comparison tables have not been updated recently so the difference is only $700. I wouldn't call that "way more". It is more expensive but has many benefits, especially for people with kids and people not presently together (filing now as opposed to after marriage, and no need to pay for another ticket to get together to marry). Of course if you're already together the CR-1 is cheaper, and if money is a problem then it's better as you can work and travel right away.

$340 - I-129F filing fee

$240 - Visa fee

$1070 - AOS

$1650 TOTAL

$420 - I-130

$88 - I-864

$230 - Visa fee

$165 - greencard fee

$903 TOTAL

[bigdog 376]

We did K-1 in retro would have filed Married. But it all worked.

[Mariana2012 89]

So I've done a bit of research and am currently in the k-1 process. However, a question has been asked that I would like to get cleared up. Is it possible if they are Canadian to simply jump across the border to get married and then file for adjustment of status? Because all the k-1 visa seems to do is get them here in the US.

Just curious; Is it even legal? What would happen later if it is legal? Anyone come across this before?

It is not legal to enter with he purpose of getting married but it is legal to enter as a tourist with no intention to marry and then change your mind.

It all comes to the interview when they will ask you when did you decide to get married.

My husband proposed 3 days after I entered US as a tourist. And we got married 2 months later. It took me 59 days from applying for AOS to greencard approval. Good luck !

[Operator 1,927]

I wanted to be able to work (or collect EI) right away on crossing.

How would it be possible for you to collect Employment Insurance?

[hikergirl 277]

How would it be possible for you to collect Employment Insurance?

From Canada. If we have authority to work in the US, we can collect it from our government.

Thus, K1s are not eligible until they get their EAC.

[blankmedia 41]

Yeah, it's not legal because you would be lying to CBP upon entry.

He's the deal, my wife did AOS inside the country and it took about six months to get married, get papers together, money, file and get approved. It wasn't very fun for her after 2 months. I don't make an amazing income so she didn't have too much to do, she got really bored waiting. It was nice to have each other, but it is a long time to wait without a lot of income to spend on things/do things.

You will need to look into this, but in Canada, depending on which you file CR-1 or K-1, will depend or which consolate you go to. I think all K-1's are done in Montreal. So basically if you live in Smithers, BC you will need to fly to Montreal for the interview. Which can be a problem for some people and is a pretty big expense considering cost of flights in Canada.

I don't know too much about these processes but you should look into it to figure out if CR-1 or K-1 is easier for you.

I think the easiest would probably be to get married in the USA or Canada, then file CR-1. While you are waiting, you can both work, and since you are not too far away you could likely visit throughout the process as usual.

Just read in to all the things you need before you get started. Is your medical okay? Criminal history? Does USC spouse make enough money or will a co-sponsor be needed? Do you have your birth certificate with both parents listed on it?

Research and find the best option for both of you. Good Luck.

[Operator 1,927]

From Canada. If we have authority to work in the US, we can collect it from our government.

Thus, K1s are not eligible until they get their EAC.

So let me get this straight...

If you are a Canadian living in the US as a LPR the Canadian government will pay EI if you can't find a job or lose your job? How long does this benefit last and do you have to continue paying income tax in Canada?

[Inky 1,110]

So let me get this straight...

If you are a Canadian living in the US as a LPR the Canadian government will pay EI if you can't find a job or lose your job? How long does this benefit last and do you have to continue paying income tax in Canada?

Yes you continue to pay and file taxes in Canada when you collect EI. No you cannot collect it if you lose a job in the USA, its only for the period where you do not have one. The only way to get it is if your previous employer filled out the papers correctly stating you left because of family relocation. If they don't put the correct thing then you cannot collect.