Getting married in Canada, but moving to US immediately afterwards?

[guitarlifter 2]

Hello all,

My fiancée and I are engaged to be married on December 19th, 2015, and we have a venue booked and everything, so it's too late to back out of the date or location (which is in British Columbia). She is Canadian, and I am a US Citizen. She is wanting to immigrate to the US, and we don't want to have to wait for her to be able to come over. The K1 Visa allows us her to immediately move to the US after getting married (before actually, which is fine), but it doesn't allow the marriage to occur outside of the US. And other Visas look like they can't even be applied for until AFTER we get married, which would leave her outside of the US for months or longer, right?

So, in essence, we want to find a way that would allow for all of the following conditions to be met:

1. Have us hold a wedding ceremony on December 19th, 2015, in Canada. (Does not have to be legally binding if it allows things to flow more smoothly)

2. Have her be able to move to the United States either before or immediately after the marriage.

So I have already done some research, and I've found a couple of ideas out there that may or may not work.

1. First hold a religious, non-legally binding marriage CEREMONY, and then cross over the border (via a K1 Visa) and get married legally. However, I have heard issues with those on K1 Visas getting denied entry even just because of a wedding ceremony that had no legal documents attached to it.

2. Move to the US (via a K1 Visa), get legally married here, then go back to Canada to have a ceremony. However, how can she leave the US if the K1 doesn't allow her to leave until the AOS or an AP is acquired? In our case, we don't want to have to have her live in the US for 2+ months before she can leave again (and we might not even have the K1 ready that early anyway to even afford two extra months to have her sit in the US to get an AP). We don't want our legal and relgiious aspects of our wedding to be so far apart anyway.

I'm guessing the 2nd option here is the more likely option to have a chance at being successful. I read the following, which MIGHT make us first getting legally married in the US and then having the wedding ceremony in Canada possible:

"Question:
I’m in the U.S. on a K-1 fiance visa, which I’ve read is good for only one entry into the United States. But to get ready for the wedding, a friend of mine wants to take me shopping in Toronto, Canada. Someone told me that that’s okay, that I can come back again based on my fiance visa. Is that true?
Answer:
For once, the rumors are true: Although the K-1 visa is single entry, its holder can take advantage of a concept called “automatic revalidation.” That means that you can take a short trip – of up to 30 days -- to either Canada or Mexico, without having to give up your I-94 when you leave.
But you’ll definitely need to take a copy of your Form I-94, as well as your passport. (For extra safety, make copies of both and leave them with a friend in the U.S.) So long as you are within the time limit on the I-94 when you ask to come back, and haven’t become inadmissible to the U.S., you should be allowed reentry for the balance of the time remaining on your I-94.
This possibility comes from the U.S. Code of Federal Regulations, at 22 C.F.R. Section 41.112.
Any time you leave the U.S., however, you are taking a risk. A U.S. border official could be unfamiliar with this provision of the law, or not believe that you’re still planning to get married, or could decide that you have become inadmissible. Consult an experienced immigration attorney for a personal analysis.
Also, you didn’t mention which country you are from, but if it’s among those that the U.S. considers to be “state sponsors of terrorism,” you will be ineligible for automatic visa revalidation. As of early 2014, that list included Cuba, Iran, Syria, and Sudan."

So would that allow my fiancée and I to get legally married in the US, have the ceremony in Canada, then return to the US within 30 days? Although the sentence, "A U.S. border official could be unfamiliar with this provision of the law, or not believe that you’re still planning to get married, or could decide that you have become inadmissible," makes it sound like this provision is only allowable before the K1 visa holder get married.

I've also considered the immigrant visa, but I would only want to consider it if she were to be able to move into the US immediately after getting married to me. I'm not sure how, but maybe there is some sort of provision or something.

What do you guys think?

[Boiler 45,558]

I go with 1.

K1 should be OK by year end, have your event which should not be a problem in Canada, enter and get married in the US.

2 would only work anyway if you had not married so what would the point be? I have heard of revalidation, but not automatic.

Edited March 11, 2015 by Boiler

[Pitaya 2,577]

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about family visas~

[canadian_wife 1,822]

You want to be double extra sure your marriage is non-legal. Often if you marry in a church in Canada (catholic) then it can be considered a legal marriage. Don't complicate your situation. I've seen visas denied because the consular officer has deduced the couple was married based on the 'ceremony'.

File for the K1. You'll interview in Vancouver which will be nice and then legally marry in the US

good luck

[Ontarkie 14,234]

Canadian Wife mentioned a very important point. In Canada if someone is legally allowed to perform a marriage and marries someone papers signed or not that couple then is legally married. Do not do anything that is a wedding thinking if your didn't get the marriage license it won't count, because it will.

[guitarlifter 2]

Hmm ... all of this information is interesting and potentially conflicting. I'll give some more details. My father, a Lutheran (obviously non-Catholic) pastor from the United States, is going to be officiating the wedding. Would he have the license to legally do a wedding in Canada if his license came from the US? Also, will it not be a legal marriage since my father is not a Catholic pastor and if he doesn't sign any sort of marriage papers?

Otherwise, how else could I either: (a) be able to get an exemption after marriage in the US to be allowed to go back to Canada to have the ceremony after getting married in the US legally, or (b) make sure that the wedding ceremony is very clearly not a legal marriage before entering into the US?

[canadian_wife 1,822]

a) you won't. The beneficiary must have permission to travel after entering the US (assuming we're talking about the K-1 visa again). Otherwise her adjustment of status will be voided.

b) contact the registry for your province and see what they say. https://www.vs.gov.bc.ca/marriage/

It sounds like to me you are trying to make this process even more complicated than it is. You set a wedding date without thought of US immigration and now you want to move together immediately. Sadly, this process does not take into account what WE want. I wanted 10 months without my husband. It was tough but we got through it. You can too.

good luck

[Boiler 45,558]

Hmm ... all of this information is interesting and potentially conflicting. I'll give some more details. My father, a Lutheran (obviously non-Catholic) pastor from the United States, is going to be officiating the wedding. Would he have the license to legally do a wedding in Canada if his license came from the US? Also, will it not be a legal marriage since my father is not a Catholic pastor and if he doesn't sign any sort of marriage papers?

Otherwise, how else could I either: (a) be able to get an exemption after marriage in the US to be allowed to go back to Canada to have the ceremony after getting married in the US legally, or (b) make sure that the wedding ceremony is very clearly not a legal marriage before entering into the US?

You used the word wedding, it can not be a wedding, if you want to do it this way it is a party/celebration whatever.

I doubt if Canada is any different to the UK and US, only authorised people are able to marry people.

[guitarlifter 2]

a) you won't. The beneficiary must have permission to travel after entering the US (assuming we're talking about the K-1 visa again). Otherwise her adjustment of status will be voided.

b) contact the registry for your province and see what they say. https://www.vs.gov.bc.ca/marriage/

It sounds like to me you are trying to make this process even more complicated than it is. You set a wedding date without thought of US immigration and now you want to move together immediately. Sadly, this process does not take into account what WE want. I wanted 10 months without my husband. It was tough but we got through it. You can too.

good luck

Well things are set regardless, so I am just working with what I was given by her (she's been doing the planning). Would it be possible to pull her over via another way like a work visa or school visa, and go from there for an adjustment of status?

[ChristinaG 91]

Well things are set regardless, so I am just working with what I was given by her (she's been doing the planning). Would it be possible to pull her over via another way like a work visa or school visa, and go from there for an adjustment of status?

a different visa - maybe, but not likely.... all of them say right off the bat that if you enter with the intention of immigrating, you're ineligible. I looked into the Student visa as well and you have to show proof you intend to leave at the end of the schooling and that I could support myself while a student..... Yes people get married on student visa's all the time, but if you're caught with the intent to adjust - that is fraud....

From what you have talked about already, yes the K1 *may* be an option if you get hopping right away (and if she is okay with not being able to cross back to Canada for a while until the AP is available....

Otherwise you may just want to go the CR1 route. Yes you cannot actually live together for 10-12 months, but at the end of it all she is a permanent resident with the ability to hop back and forth across the border and to work right away.....

Either way, all of us going through the process have searched frantically for shortcuts and loop-holes and here we sit in the various stages of processing.....

Above all best wishes and good luck!

[Boiler 45,558]

Best bet for a work visa is a L1, dual intent. basically a transfer by her current employer to the US offices, quick and Employer pays. What is not to like.

[canadian_wife 1,822]

Well things are set regardless, so I am just working with what I was given by her (she's been doing the planning). Would it be possible to pull her over via another way like a work visa or school visa, and go from there for an adjustment of status?

No one is asking you to change your set wedding date. We are trying to help you in spite of that. Normally I would suggest that you get married in Vancouver and file for the C-1 visa, it is a cheaper, superior visa to the K-1 fiancé visa. However, you insist that you want to live together right after marriage - that complicates things.

you suggest 'marrying' without a legal ceremony leaving it up to the consular officer to judge whether you are in fact married or not - this complicates things, especially if he/she decides it constitutes a legal marriage.

You also want to get a non-immigrant visa and adjust her status. No one is going to promote visa fraud. Obtaining a student visa, as I have done, one must show intent to return to one's home country prior to the visa issuance. Since this is not your intention, she does not qualify.

Boiler suggested an L visa, great choice, does she currently work for a company that has US offices that she can be transferred to?

Otherwise, you are looking at rolling the dice with a 'ceremony' and hoping that the officer recognizes the non-legality of it. By the way, have you contacted the registrar from the link I posted? What advice were you given?

Good luck

[NikLR 13,227]

Also just to note, the CBP have turned people away because THEY think the beneficiary is already married when entering with a K1 visa. It's not just the consulate you have to be wary of because you want to have this ceremony.

[NikLR 13,227]

Immigration doesn't work around what we want, we have to work around immigration.

I didn't immigrate to the USA until after my first wedding anniversary, even though my visa journey only took 8 months. It's easier to move to Canada than it is to move to the USA (the spouse can just move because applying for permanent residency can be done from within.)

But we chose the CR1 route on purpose. There was no way in H-E-double hockey sticks, that I was not being able to travel for any period of time, and I wanted to be able to work. People concentrate on the wedding, on living together, on the speed which they can get a visa, and forget about life after moving.

As for your father conducting a legal wedding, I'm not sure. Each province has different requirements, and religious ones can have their own as well. My mother is a minister and can do legal weddings in BC, but she cannot do them in other provinces. If she conducts a wedding outside of BC, she must have a minister from that province attend the wedding to sign the paperwork. Also each province has different legal requirements as to what must be said to make a marriage legal. BC has a very specific sentence that must be said at the wedding by both parties.

[Ms Hogan 295]

Part of the wedding being official is whether a marriage license is obtained first. That is the case in Ontario anyway from what I recall. The officiant from a church still needs to submit paperwork to the province (signed certificate) stating that the marriage took place. I don't know the details for B.C.

If you were to do a civil ceremony NOW then you could start an petition for a CR-1 right away. You may or may not have what you need in place by the time you have a religious ceremony and party in December but it would at least get you a lot closer to your goal of being in the same place sooner rather than later.