Lawyer says wife can simply cross the border and apply for AoS after 30 days. Thoughts?

[guitarlifter 2]

Long story short, my Canadian fiancée and I (US citizen) are getting married at the end of this year in Canada. We want to move to the US immediately after getting married. However, because of our ignorance of the US immigration laws prior to booking venues and spending thousands of dollars on nonrefundable things like that, our options for having my fiancée be able to immediately move to the US after marriage complicated. Obviously the K-1 Visa requires that one gets married INSIDE of the US after coming over within a 90 day period. That isn't usable by my us since we'll be married before she comes over. Our only choice would be to hold a "religious ceremony" that involves no marriage license although that can cause issues too. The next option is the CR-1, but with a 1-year+ wait time, that's not ideal either. This is where things get interesting.

I had a consultation with an attorney, and she recommended that we just get legally married in Canada (just like a regular wedding - as in, with a real marriage license, licensed pastor, and everything), and then all my fiancée (wife) has to do is cross the border legally and apply for adjustment of status after 30 days of her crossing the border. She said that as long as she (1) doesn't cross the border with all of her belongings, (2) doesn't put her foot in her mouth by crossing by mentioning that she is planning on staying here and adjusting for status, and (3) doesn't apply for AoS for 30+ days, she'll be fine. She said that my then wife could just be crossing the border for gas, to visit me for a weekend, to go shopping, or to go to church and just never come back until she got her green card. She said that's what she did in order to get her green card and eventual citizenship. The lawyer (who is Canadian) said she was going to Disneyland, which she was, and she just didn't go back until she got her green card. So my fiancée wouldn't be able to leave the country for 3+ months, but that was expected anyway with the K1, and it's certainly better than waiting for the CR-1 Visa before she can come over. She said that the US doesn't care about immigration intent. She said they care a lot more about a legal entry and that we're a legitimate couple, which we are. She said she's never had someone rejected who did what she suggested.

What are your thoughts on this? Is the legal entry and the legitimacy of the relationship what matters most to the USCIS? Or is immigration intent a bigger deal for the USCIS than this lawyer is letting on? Is Canada a special case perhaps?

Edited April 21, 2015 by guitarlifter

[Boiler 45,558]

So as long as she lies when they ask her why she in entering?

What do you expect people to say to that?

Should add Canada is not a special case.

Edited April 21, 2015 by Boiler

[ChicagoSarah 127]

The CR-1 is never the ideal solution. No one is thrilled with how long the K-1 or CR-1/IR-1 takes to bring their loved ones here, but it's the proper and legal way to go about the process.

What your lawyer suggested is immigration fraud (not to say that tons of people aren't doing it all the time). Entering with intent to immigrate and adjust status is immigration fraud. And if she lies at the border, that's a much bigger issue. If they ask the purpose of her trip and she says "to go to Church" and that is clearly not her intent, that's potential trouble.

Also, you've now posted in a public forum that if she came and stayed it would be with the intent to immigrate, despite whatever she tells them at the border.

All anyone on VJ can do is advise you to do it the legal way by applying for a CR-1 visa and waiting for the visa to come through.

[Ontarkie 14,234]

As the others have mentioned what your lawyer is telling you is fraud. Follow the CR1 path or do the Fiance and cancel your wedding plans.

Before the 1990 Canadians used to be able to do just that. That option is no longer available, and that lawyer should be avoided at all cost since she is gambling with you lives not hers, and yes the US does care about intent. Why else would the lawyer tell you to not let them know why she is crossing that day?

~~VisaJourney cannot Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.- Any discussion on how to do what this lawyer suggested will result in thread bans and or suspension.~~

~~Moved to What Visa do I Need, from AOS from Family.~~

Edited April 21, 2015 by Ontarkie

[Transborderwife 4,666]

This is a rehash of the poster's first post almost: http://www.visajourney.com/forums/topic/540108-getting-married-in-canada-but-moving-to-us-immediately-afterwards/?fromsearch=1

Please don't commit fraud

[canadian_wife 1,822]

This is such a terrible idea. Lawyer or not, it is visa fraud. Why would you want to put your fiancé in a position to ever lie to an immigration officer? That can carry a lifetime ban for fraud.

Does that sound amazing to you? To start your marriage and life in the US with fraud?

good luck

[ChicagoSarah 127]

Or, go to Canada, get legally married now (courthouse), then file the CR-1 for your wife. Keep your wedding plans, do a big celebratory wedding (everything except make it legal because you already did), and you'll only have a (potentially) few more months until her visa is issued after the wedding.

Immigration takes a little bit of the romance out of things, but it's the way it is. Better to do it legally and properly now than have a problem down the road. I see the USCIS like the IRS....you make think it was years ago and have forgotten, but they never forget!

[guitarlifter 2]

The CR-1 is never the ideal solution. No one is thrilled with how long the K-1 or CR-1/IR-1 takes to bring their loved ones here, but it's the proper and legal way to go about the process.

What your lawyer suggested is immigration fraud (not to say that tons of people aren't doing it all the time). Entering with intent to immigrate and adjust status is immigration fraud. And if she lies at the border, that's a much bigger issue. If they ask the purpose of her trip and she says "to go to Church" and that is clearly not her intent, that's potential trouble.

Also, you've now posted in a public forum that if she came and stayed it would be with the intent to immigrate, despite whatever she tells them at the border.

All anyone on VJ can do is advise you to do it the legal way by applying for a CR-1 visa and waiting for the visa to come through.

I was speaking hypothetically. I am already against this idea anyway. I was just explaining how the lawyer said things would go down, but apparently that's not allowed, so I will not elaborate any further. Suffice to say now, I feel better with the responses here than what the lawyer gave me, and I'll definitely avoid this avenue for my future wife's immigration. I was just exploring the avenue is all as a part of the deliberation process.

Or, go to Canada, get legally married now (courthouse), then file the CR-1 for your wife. Keep your wedding plans, do a big celebratory wedding (everything except make it legal because you already did), and you'll only have a (potentially) few more months until her visa is issued after the wedding.

Immigration takes a little bit of the romance out of things, but it's the way it is. Better to do it legally and properly now than have a problem down the road. I see the USCIS like the IRS....you make think it was years ago and have forgotten, but they never forget!

Trust me, if my fiancée wanted to do it this way, I would. But, since we haven't really known each other very long, she wants to wait until our wedding day. It's not my preference, but I understand where she's coming from, and I respect it. We'll have to find another way other than the one you suggested (and of course not committing fraud). For the record to everyone and to the person who pointed out my other thread, I'm not trying to commit fraud. Finding legal loopholes (such as the having a religious ceremony only in Canada, then getting legally married in the US so that we can use the K-1 Visa route), I am open to, but no fraud.

As the others have mentioned what your lawyer is telling you is fraud. Follow the CR1 path or do the Fiance and cancel your wedding plans.

Before the 1990 Canadians used to be able to do just that. That option is no longer available, and that lawyer should be avoided at all cost since she is gambling with you lives not hers, and yes the US does care about intent. Why else would the lawyer tell you to not let them know why she is crossing that day?

~~VisaJourney cannot Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.- Any discussion on how to do what this lawyer suggested will result in thread bans and or suspension.~~

~~Moved to What Visa do I Need, from AOS from Family.~~

I apologize for bringing this up, but I was just wanting to understand what the lawyer suggested is all. I think I have a better understanding. Feel free to close/delete this thread if you like.

[Ontarkie 14,234]

~~As the OP has a better understanding of what the lawyer told him this thread is closed as requested.~~