Need Help ASAP - Canadian marrying an American girlfriend

[Sonata Arctica 2]

Hello everyone, this is my first post here...hope to gain clarity and understanding about my situation.

I am a Canadian citizen living in Canada. My girlfriend is an American, living in Wisconsin. We intend to get married in the US soon. I have visited the US many times a year. Our plan is to settle and live in the States.

We are debating about how we go about it, since we do not wish to remain long distance anymore. One idea is that I go there next month and we get married and then I stay on with her, while we file the documents in the US. I contacted the USCIS and they said that I could stay in the US after getting married while the paperwork was being processed, for as long as my visa allowed me. I am a Canadian, and have never needed a visa to enter the US. So I didn't understand it. He insisted that all Canadians enter the US under a certain visa/code/status, which I am unaware of. I just go the border, show my Canadian passport and enter without any problems. Aren't we under the NAFTA?

My questions are:

1. Can I legally stay in the US after we get married or not?

2. People have informed me that once we get married, I can get a de facto permission to work within a few weeks, even while we wait for the processing of the rest of the paperwork. Is that true? How do I do that?

3. I know that many couples (a US citizen and a foreigner) get married in the US and then they file for papers while the non-US citizen spouse stays on in the States. How does that work?

4. Can we file for paperwork for me while I stay in the US? How long can I stay?

5. As a Canadian citizen, what documents would I need to get married in the US?

6. Can I still go in and out of the US after we get married, especially if we declare at the border that we are married?

I do not feel we should get married and then I move back to Canada while we go through all the time to have the paperwork done and getting whatever stuff ready and what not. Even the idea of a K-1 visa seems to be too long of a wait. We would prefer to live together right after we are married

From what I have gathered through the various resources, etc., it is perfectly legal for me to stay in the US after we get married. We want everything to be legit and legal.

Worse comes to worst, can we get married and not declare at the border every time I cross, that we are married? Can we maintain just a girlfriend/boyfriend status while going back & forth, or do they get that info in their database automatically that we are married, since the marriage is registered in the US marriage records?

I know this information is at best quite basic, but I am finding it very difficult to get specific answers to my specific situation.

Thanks everyone....

[NigeriaorBust 4,087]

It is fraud to enter the on a visa or VWP or the ability of Canadians to enter with intent to stay in the US and could in extreme cases lead to a lifetime ban. If you intend to marry then return to Canada and visit during the process then you are looking at about a year to process a CR1 visa. If you can hold off on getting married a K1 ( fiance ) visa is currently faster. Just because you don't feel you sould be apart you have no right to violate immigration law just because you are from a place where entry is easier.

[Terry J 50]

To get married in the US all you need is your Canadian passport and usually a second Canadian ID such as a Drivers' License that will show your Canadian address. You'll need to review the requirements in the state that you are planning to get married in.

You can get married in the US, even take your honeymoon and stay in the US legally for as long as your non-immigrant status is granted and you are expected to return to Canada prior to the end of your authorized stay. Yes Canadians are under NAFTA but that doesn't give you carte blanche as to how long you can stay.

The border staff can still dictate how long you are actually permitted to stay. Normally Canadians are granted 6 months on entry and although our passports may not get stamped, our entry is still recorded either as a B2 (travel/visitor) or B1 (business visitor) depending on the reason for your visit.

Your idea of going to the US with the purpose of getting married and then remain to do what is called AOS (Adjustment of Status) is considered visa fraud.

If you are found guilty of that is just a whole new set of problems for you. The reason is that you have the intention to immigrate prior to entry. I don't know which various resources legal or not you consulted but I would strongly double check what you've learned.

If you get married and you decide to visit your spouse in the US, you must declare that you are married to a US citizen or permanent resident if asked!

Obviously they will ask you the reason for your visit to the US so you need to be truthful. Many Canadians have visited our US spouses after marriage and that is not information to fudge...never misrepresent yourself to any immigration official.

Your legal options are either the K-1 if you remain engaged, or the CR-1 if you get married. The fact that you mentioned the idea of entering the US with the intention to get married and immigrate is not the way to go...even if way too many people have done it and gotten away with it.

[mngoalie 10]

Entering the country with the intent to marry is fraud and could result in action from customs. I don't know if they'd lifetime ban a Canadian, but they could ban you for afew years, or even deny your green card based on fraud. Like NigeriaorBust said, the fastest way right now is to do a K-1 visa, which takes afew months.

[Darnell 8,478]

Need Help ASAP - Canadian marrying an American girlfriend

Hi ! Welcome Aboard ! Great missive you've written there - but I invite you to read the Guides Section, when logged in from a PC. That'll give you some more info, and after getting more info, you can decide which route you two want to take.

[Sonata Arctica 2]

Thanks, guys. We want to do everything legally. No frauds or shady stuff at all. Not worth it morally or any other way.

So for now, I feel the best thing to do is just maintain our situation and file for the K-1. And then once that is done, we can get married. That's all I cared to know as to how to go about it the legal, legit way.

Much appreciated

[Pitaya 2,577]

~Moved from Introducing our Members to What Visa Do I Need Forum~

~Inquiry about fiancee vs. spouse visas~

[NikLR 13,227]

K1 is the fastest way and you can live together in the USA after marriage. But you have to be married in the USA and cant leave for about 90 days after you file the AOS paperwork.

Cr1 takes longer but you can work and travel right away. And you have to be married first.

Isnt it amazing how wrong other people are when it comes to this process?

[Avery Cates 1,141]

Thanks, guys. We want to do everything legally. No frauds or shady stuff at all. Not worth it morally or any other way.

So for now, I feel the best thing to do is just maintain our situation and file for the K-1. And then once that is done, we can get married. That's all I cared to know as to how to go about it the legal, legit way.

Much appreciated

That's probably the best way to do it, and you can still visit while your K-1 is processing.

[ShirahBet 42]

I don't know if they'd lifetime ban a Canadian, but they could ban you for afew years, or even deny your green card based on fraud.

Of course they would do a lifetime ban of a Canadian if the situation warranted. The length of a ban is not discretionary.

Either way, it seems as though the OP has settled on a legal route, and that is good news.