CR-1 or Adjustment of Status

[iamsana 0]

My niece is an Indian Citizen but has been living in Canada for the past 6 years first on student visa and then on Work Permit. She has a multiple entry US visa and has went there many times because her brothers live there. Her family wants her to get married to someone in the US (traditional arranged marriage). Should she go there on visit visa, get married after 90 days and file for Adjustment of Status and continue to live there after getting married or come back to Canada and wait for 8-12 months which is the average time to get CR-1 processed ? What are the risks in the first case ? Is it difficult to prove that she was just visiting and found someone to get married ?

[Cathi 5,760]

Absolutely not. Coming to the US on a visitor visa with the intent to marry and adjust status is immigration fraud and carries a lifetime ban. They can marry here and she must return home while he files an I-130 for a cr1 visa, and she can return to the US AFTER the cr1 is approved.They already have the intent to marry, so it is a big no no to try to adjust status knowing this is the plan.

[canadian_wife 1,822]

Coming to the US with intentions of marrying and adjusting status is immigration fraud. She needs a spousal visa. Alternatively a K-1 fiancé visa

good luck

[Protocol417 161]

Check the laws in Canada to see if it is legal for her to marry there (for example, I'm a USC [uS citizen] engaged to a Brit, and it would not be strictly legal for me to enter the UK with the intent to marry even if we were planning to move back to the US). If it is allowed, a spouse visa may be the way to go. As the others said, do NOT marry in the US unless she applies and is approved for a fiancee visa. The question is not "is it difficult to prove that you were just visiting and found someone to marry?" but "is it difficult to prove that you did not intend to break the law?" which indeed it would be since it is obviously her intention to find a spouse.

If she is not allowed to marry in Canada, then the fiancee (K-1) visa is the best option. There are requirements listed that say she has to prove an ongoing relationship and evidence of having met within the past two years but it appears there are exceptions for custom and religion that may apply here.

There are guides (see above link) which may help decide which is best.

[iamsana 0]

I have heard of many people adjusting their status from B1/b2 to Permanent Residence after marriage. How do they prove that theirs was a spur of the moment decision ?

[The Mean Lady 604]

I have heard of many people adjusting their status from B1/b2 to Permanent Residence after marriage. How do they prove that theirs was a spur of the moment decision ?

Well, for one, the word "arranged" would not be in their marriage plans.

[The Mean Lady 604]

Check the laws in Canada to see if it is legal for her to marry there (for example, I'm a USC [uS citizen] engaged to a Brit, and it would not be strictly legal for me to enter the UK with the intent to marry even if we were planning to move back to the US). If it is allowed, a spouse visa may be the way to go. As the others said, do NOT marry in the US unless she applies and is approved for a fiancee visa. The question is not "is it difficult to prove that you were just visiting and found someone to marry?" but "is it difficult to prove that you did not intend to break the law?" which indeed it would be since it is obviously her intention to find a spouse.

If she is not allowed to marry in Canada, then the fiancee (K-1) visa is the best option. There are requirements listed that say she has to prove an ongoing relationship and evidence of having met within the past two years but it appears there are exceptions for custom and religion that may apply here.

There are guides (see above link) which may help decide which is best.

It is perfectly legal to marry in the US or Canada

I see plenty of websites that are suggesting London as a destination wedding place so I don't see why it would not be possible to marry in the UK

[iamsana 0]

By "arranged" wedding I mean that the family members select the spouse, they meet once or twice and then decide to get married. It's the norm in most Indian families.

[christeen 966]

Yes.. But the wedding Is for sure is a planned event... Not a spontaneous wedding (I am sure these are plans, caters, decorations, families arriving etc... Which certainly does not lend well to the idea of this being a spontaneous decision.... If it walks like a duck, quacks like a Duck, probably is a duck. If it looks like you are circumventing the immigration system and entering as a tourist wi the intent to marry and stay,mt hat is misrepresentation and can carry a ban... I will not say others have done this, but it is up to you own if you want to risk this. You can still plan the big shindig and get married, but mush leave after the 90 days while the cr1 is processed.

[The Mean Lady 604]

By "arranged" wedding I mean that the family members select the spouse, they meet once or twice and then decide to get married. It's the norm in most Indian families.

Yeah, arranged as in 'we planned on getting married ahead of time'

[christeen 966]

If they arrange the marriage, then they arranged the wedding... So no more excuse of spontaneous... Thus, risk ban for misrepresentation Shou,d you stay and aos...

[Protocol417 161]

It is perfectly legal to marry in the US or Canada

I see plenty of websites that are suggesting London as a destination wedding place so I don't see why it would not be possible to marry in the UK

Destination weddings are a thing everywhere, but usually with destination weddings, neither the bride or the groom are actually residents of that country so there is very little risk of either staying illegally. It's understood they are there to get married in a pretty setting and then leave. Not quite the case when one member is a citizen.

It isn't legal for someone to enter the United States on a tourist visa (which is what we were talking about) with the intention of marrying a USC, and I have been... reminded... by Customs officers in the UK that it would not be legal for me and mine to marry while I'm there. There are also many forums here discussing this same thing.

Even if I ended up being completely wrong, it is still better to check the laws of the country rather than risk being deported and banned.

[iamsana 0]

So there's no way they can stay together in the US after marriage ? She will have to return to Canada and wait or 10-12 months ?

[stevie b 141]

yes

[iamsana 0]

Thanks for all your help anyways.