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Filed: Timeline
Posted
Hello,


I recently married an American during one of my visits to the States without going through the K-1 visa process.


After marrying her, I came back to Canada, while she stayed in the States.


I am now in the process of sponsoring her to come live with me in Canada.


My Question:


I want to visit my wife in the States, and was wondering if I will run into any trouble at the US/Canada border when I attempt to enter the States.


For example, when they scan my passport, can they see in their systems that there is a marriage certificate with my name on it and that I was married in the States without a K-1 visa?


I have no intention of living in the States, and just wish to visit my wife.


I'm not really sure what to say as the purpose of my visit without the US border agents thinking/assuming that I am coming to live in the States permanently.


Any information would be much appreciated.


Thanks.

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted (edited)

Yep, the real question is how will you answer the CBP officer when he asks you the purpose of your visit to the US. Be very careful how you answer that. Honesty is the best policy. You should be prepared to show them that you have strong ties to Canada, permanent job, house, property, family ties, Canadian paperwork showing your plan for wife's future move to Canada, etc. This information needs to show the CBP officer that you will return to Canada after your visit, otherwise they may likely assume that you may be trying to immigrate to the US to be with your wife.

Good luck on your immigration journey.

Edited by Pitaya

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Filed: Timeline
Posted

People are allowed to marry in the US and leave, and in your case the K1 wouldn't have been the right visa. Tell CPB the truth when asked.

I would bright documentation that shows you are in the process of sponsoring your wife to become a resident of Canada should they ask.

In the end, it's really about you proving to them that you will return to Canada, and having a spouse in the US is a barrier but that can be overcome.

Filed: Timeline
Posted
  On 10/27/2015 at 6:09 PM, Pitaya said:

Yep, the real question is how will you answer the CBP officer when he asks you the purpose of your visit to the US. Be very careful how you answer that. Honesty is the best policy. I would be prepared to show them that you have strong ties to Canada, permanent job, house, property, family ties, Canadian paperwork showing your plan for wife's future move to Canada, etc. CBP officer will likely assume that you may be trying to immigrate to the US to be with your wife.

Good luck on your immigration journey.

Thanks for the prompt reply Pitaya.

So just to clarify, they can in fact see that I have a marriage certificate from the States once they scan my Canadian passport?

In your opinion, which of the two options would work the best?

1. I was going to tell them that I was coming to visit family, which technically would be the truth.

2. Should I just say upfront that I am coming to visit my wife and that I will be coming back to Canada, and for example, show them a letter of employment to show ties to Canada?

Also, besides being turned back at the border, what other ramifications could I face?

Thanks.

Posted

Personally the fact you still have ties/employment elsewhere is more than enough, in this trransient world lots of couples are married and live apart

Answer all questions truthfully

I used to get asked if I was moving to the states, I would always answer eventually but my job is in the UK

Don't think it matters if they can see your married, don't hide it it, I wore a wedding ring, answer truthfully

You are from a low risk country you'll be fine

Filed: Other Country: United Kingdom
Timeline
Posted

There's no rules saying you HAVE to have a K-1 to marry in the US. You only have to have one if you want to enter the US and stay there. People get married on tourist visas all the time.

The only problem you'll have when trying to visit your wife is the border officers suspecting that you're planning to enter the US to stay, so all you need to do is make sure you have as much evidence as possible saying that you'll be heading back to Canada after your visit.

Letter from employer saying when you're expected back at work.

That kind of thing.

It probably wouldn't hurt to have any paperwork you've got for your wifes Canadian immigration to show how you plan for her to live in Canada rather than you live in the US.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Filed: Other Country: United Kingdom
Timeline
Posted

My husband did lots of traveling back and forth between US and England on VWP (Visa Waiver Program) and had not trouble at all. He was always honest and told them he was visiting his girlfriend (when we were dating) and then told them he was visiting his wife (after we were married) and was never given any hassle. He always had his return flight boarding passes, so make sure you have that and you should be fine. :)

06/02/2012- Our Paths Crossed Over Facebook, Two Worlds Became One, Even With An Ocean Between Us ... The Beginning Of "US" (L)

12/07/2012- We Made It OFFICIAL! A Long Distance Relationship Began, Because Being Friends Just Wasn't Enough!

10/09/2013- Patrick Flew From London, England To San Antonio, Texas For Our FIRST Visit Together! Entered on VWP

10/15/2013- OMG!!! Patrick Proposed To Me At The Famous San Antonio Riverwalk, And It Was PERFECT!!!

10/19/2013- We Said Our "I Do's" We Are Married!!! We Knew It Was Meant To Be...

10/19/2013- We Traveled To Corpus Christi, Texas Beach With Family & Friends For Our HONEY-MOON! BEST TRIP EVER! :luv:

06/06/2014- Patrick Flew From London, England Back To San Antonio, Texas For Our SECOND Visit Together! Entered On VWP

10/04/2014- Patrick Flew From London, England To San Antonio, Texas For Our THIRD Visit Together! Entered On VWP

10/19/2014- We Celebrate Our One Year Wedding Anniversary! It's Been A Magical Journey So Far...

06/21/2015- Patrick Flew From London, England To San Antonio, Texas For Our FOURTH Visit Together! Entered On VWP

07/28/2015- I Get Some Serious Medical Diagnosis That Will Require Biopsies, Possible Surgery, And Other Treatments... :cry:

07/31/2015- Patrick Decides He CAN NOT Leave Me To Go Through This Alone... We Decide Together He Needs To Stay For Me & Our Kids

08/11/2015- Mailed Out I-130/I-485/I-765- CONCURRENT FILING AOS FROM VWP . And So It Begins, Our Immigration Journey Is Another Chapter In OUR Book (Day 0)

08/13/2015- Package "Delivered" To USCIS VIA USPS (Day 2)

08/14/2015- "PRIORITY DATE"

08/18/2015- NOA1 Received By E-mail (Day 7)
08/19/2015- Money Orders Cashed (Day 8)
08/22/2015- Received All NOA1 Hard Copies In Mail From NBC (Priority Date 8/14/15) (Day 11)
08/28/2015- Received Biometrics Appointment Letter In Mail (Day 17)
08/28/2015- RFE Notice Received Electronically For I-485 (Day 17)
09/03/2015- RFE Hard Copy Received For I-485 (Joint Sponsor Work Verif., Petitioner's Current 1099, & Letter Of Explanation For Not Filing Taxes) (Day 23)

09/10/2015- Biometrics Completed (Day 30)
09/14/2015- I-94 Expires (Day 34)

09/14/2015- RFE Documents Mailed Out For I-485 (Day 34)

09/16/2015- RFE Documents "Delivered" To USCIS VIA USPS (Day 36)

09/17/2015- RFE Documents Received By USCIS & Updated Online For I-485 (Day 37)

09/23/2015- Spoke To Supvr. Mata @ NCSC About Re-Submitting Corrected RFE. (Instructed To Resend Corrected RFE Pkt.) (Day 43)
09/24/2015- Resent RFE Pkt. VIA USPS (Fingers Crossed They Accept It!!))) (Day 44)
09/26/2015- RFE Documents "Delivered" To USCIS VIS USPS (Day 46)

09/28/2015- RFE Documents Received By USCIS & Updated Online For I-485 (Day 48)

10/14/2015- I-765 EAD Card Production / I-765 Case APPROVED!! :dancing:(Day 64)

10/17/2015- I-765 EAD Card Mailed Out (Day 68)

10/19/2015- We Celebrate Our Two Year Wedding Anniversary!! The Second Year Has Been As Amazing As The First! :luv:

10/21/2015- EAD In Hand! / Applied For Social Security Number (Day 71)

10/26/2015- Social Security Card In Hand! Woo Hoo! (Day 76)

11/10/2015- Patrick Starts Working! :dancing:(Day 92)

12/02/2015- I-485 AOS Interview Notice Received Online :content: (Day 114)

12/04/2015- I-485 AOS Interview Notice Hard Copy Received In Mail (Day 116)

01/12/2016- INTERVIEW DATE!! APPROVED ON THE SPOT!! Green Card Being Produced (Received Alert By Text 20 Minutes After Interview!! Updated Online) (Day 155)

01/15/2016- Green Card Mailed (Day 158)

01/19/2016- "Welcome Letter" Received By Mail/ I-130 Approval Letter Received By Mail (Day 162)

01/21/2016- 10 Year Green Card Received In Hand!! (Day 164)

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted (edited)
  On 10/27/2015 at 6:19 PM, CanadianGuy1987 said:

Thanks for the prompt reply Pitaya.

So just to clarify, they can in fact see that I have a marriage certificate from the States once they scan my Canadian passport? Don't know CBP operations

In your opinion, which of the two options would work the best?

1. I was going to tell them that I was coming to visit family, which technically would be the truth. And then if they ask what kind of family, what will be your next honest answer? Sounding evasive, is not a good thing to do.

2. Should I just say upfront that I am coming to visit my wife and that I will be coming back to Canada, and for example, show them a letter of employment to show ties to Canada? That and any and all documentation that you have strong ties to Canada, such that you will return to Canada at the end of your visit. They don't want to hear your talking about going back to Canada, they will likely want to see hard evidence of that being the case. The more evidence, the better, i.e., return travel tickets, itineraries, etc.

Also, besides being turned back at the border, what other ramifications could I face? Travel restrictions, ban, etc.

Thanks.

Be truthful with the CBP, they could seriously complicate your current and future life.

Edited by Pitaya

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Filed: Timeline
Posted
  On 10/27/2015 at 6:13 PM, DJ6372 said:

I was married without filing any paperwork and continued to travel as per normal to the States, purpose of visit, pleasure!

My wife eventually moved to the UK

Just be truthful, you have a return ticket, no worries

Thanks for the helpful reply DJ6372.
So based off your response it appears as if the US border guards had no idea that you married in the States even when they scanned your passport/travel documents?

So they would have no way of knowing that I had married in the States unless I verbally let them know when I explain the purpose of my visit. Is this correct?

I know that if they had any suspicions they could delve deeper and find out that I was married in the States, but on that initial scan of the passport, would it show them any information pertaining to my marital status/marriage certificate in the States?

Filed: Other Country: United Kingdom
Timeline
Posted
  On 10/27/2015 at 6:38 PM, CanadianGuy1987 said:
Thanks for the helpful reply DJ6372.
So based off your response it appears as if the US border guards had no idea that you married in the States even when they scanned your passport/travel documents?

So they would have no way of knowing that I had married in the States unless I verbally let them know when I explain the purpose of my visit. Is this correct?

I know that if they had any suspicions they could delve deeper and find out that I was married in the States, but on that initial scan of the passport, would it show them any information pertaining to my marital status/marriage certificate in the States?

I'm not certain, but it almost seems as if you don't want to disclose that you are visiting your spouse, and that could maybe (not 100%, but I'm sure someone more experienced can chime in) raise some flags later in your application to take your wife to Canada with you (or even if your plans change in the future and you decide to settle in the US).

06/02/2012- Our Paths Crossed Over Facebook, Two Worlds Became One, Even With An Ocean Between Us ... The Beginning Of "US" (L)

12/07/2012- We Made It OFFICIAL! A Long Distance Relationship Began, Because Being Friends Just Wasn't Enough!

10/09/2013- Patrick Flew From London, England To San Antonio, Texas For Our FIRST Visit Together! Entered on VWP

10/15/2013- OMG!!! Patrick Proposed To Me At The Famous San Antonio Riverwalk, And It Was PERFECT!!!

10/19/2013- We Said Our "I Do's" We Are Married!!! We Knew It Was Meant To Be...

10/19/2013- We Traveled To Corpus Christi, Texas Beach With Family & Friends For Our HONEY-MOON! BEST TRIP EVER! :luv:

06/06/2014- Patrick Flew From London, England Back To San Antonio, Texas For Our SECOND Visit Together! Entered On VWP

10/04/2014- Patrick Flew From London, England To San Antonio, Texas For Our THIRD Visit Together! Entered On VWP

10/19/2014- We Celebrate Our One Year Wedding Anniversary! It's Been A Magical Journey So Far...

06/21/2015- Patrick Flew From London, England To San Antonio, Texas For Our FOURTH Visit Together! Entered On VWP

07/28/2015- I Get Some Serious Medical Diagnosis That Will Require Biopsies, Possible Surgery, And Other Treatments... :cry:

07/31/2015- Patrick Decides He CAN NOT Leave Me To Go Through This Alone... We Decide Together He Needs To Stay For Me & Our Kids

08/11/2015- Mailed Out I-130/I-485/I-765- CONCURRENT FILING AOS FROM VWP . And So It Begins, Our Immigration Journey Is Another Chapter In OUR Book (Day 0)

08/13/2015- Package "Delivered" To USCIS VIA USPS (Day 2)

08/14/2015- "PRIORITY DATE"

08/18/2015- NOA1 Received By E-mail (Day 7)
08/19/2015- Money Orders Cashed (Day 8)
08/22/2015- Received All NOA1 Hard Copies In Mail From NBC (Priority Date 8/14/15) (Day 11)
08/28/2015- Received Biometrics Appointment Letter In Mail (Day 17)
08/28/2015- RFE Notice Received Electronically For I-485 (Day 17)
09/03/2015- RFE Hard Copy Received For I-485 (Joint Sponsor Work Verif., Petitioner's Current 1099, & Letter Of Explanation For Not Filing Taxes) (Day 23)

09/10/2015- Biometrics Completed (Day 30)
09/14/2015- I-94 Expires (Day 34)

09/14/2015- RFE Documents Mailed Out For I-485 (Day 34)

09/16/2015- RFE Documents "Delivered" To USCIS VIA USPS (Day 36)

09/17/2015- RFE Documents Received By USCIS & Updated Online For I-485 (Day 37)

09/23/2015- Spoke To Supvr. Mata @ NCSC About Re-Submitting Corrected RFE. (Instructed To Resend Corrected RFE Pkt.) (Day 43)
09/24/2015- Resent RFE Pkt. VIA USPS (Fingers Crossed They Accept It!!))) (Day 44)
09/26/2015- RFE Documents "Delivered" To USCIS VIS USPS (Day 46)

09/28/2015- RFE Documents Received By USCIS & Updated Online For I-485 (Day 48)

10/14/2015- I-765 EAD Card Production / I-765 Case APPROVED!! :dancing:(Day 64)

10/17/2015- I-765 EAD Card Mailed Out (Day 68)

10/19/2015- We Celebrate Our Two Year Wedding Anniversary!! The Second Year Has Been As Amazing As The First! :luv:

10/21/2015- EAD In Hand! / Applied For Social Security Number (Day 71)

10/26/2015- Social Security Card In Hand! Woo Hoo! (Day 76)

11/10/2015- Patrick Starts Working! :dancing:(Day 92)

12/02/2015- I-485 AOS Interview Notice Received Online :content: (Day 114)

12/04/2015- I-485 AOS Interview Notice Hard Copy Received In Mail (Day 116)

01/12/2016- INTERVIEW DATE!! APPROVED ON THE SPOT!! Green Card Being Produced (Received Alert By Text 20 Minutes After Interview!! Updated Online) (Day 155)

01/15/2016- Green Card Mailed (Day 158)

01/19/2016- "Welcome Letter" Received By Mail/ I-130 Approval Letter Received By Mail (Day 162)

01/21/2016- 10 Year Green Card Received In Hand!! (Day 164)

Filed: Timeline
Posted
  On 10/27/2015 at 6:32 PM, Pitaya said:

Be truthful with the CBP, they could seriously complicate your current and future life.

Thanks Pitaya.

So I think I will be upfront and let them know that I am coming to visit my wife, and I will have supporting documentation to show my ties to Canada.

Hypothetically speaking; however, say that I was truthful, and I told the border agent that I am visiting my wife.

What if the line of questioning by the border guard leads to him/her asking where I was married, and why I didn't go the route of the proper K-1 visa process?

How could I answer those questions without seeming like I'm trying to break the rules?

I know it all depends on the mood of the guard and every guard is different, but say the above hypothetical scenario occurred, how can I answer that effectively?

My in-laws are in the States, and I definitely would not want to ruin any chances of accompanying my wife on future State-side visits once she is here with me in Canada.

Posted
  On 10/27/2015 at 6:38 PM, CanadianGuy1987 said:
Thanks for the helpful reply DJ6372.
So based off your response it appears as if the US border guards had no idea that you married in the States even when they scanned your passport/travel documents?

So they would have no way of knowing that I had married in the States unless I verbally let them know when I explain the purpose of my visit. Is this correct?

I know that if they had any suspicions they could delve deeper and find out that I was married in the States, but on that initial scan of the passport, would it show them any information pertaining to my marital status/marriage certificate in the States?

That's the way I understood it, by fudging the truth you open yourself up to why were you not telling the truth

Do they have info about your marriage, I doubt it, but it doesn't matter if you tell them I'm visiting my wife

I was married in Chicago, went back to the UK, my wife stayed in USA due to work commitments and we both travelled either way to visit each other, always when asked purpose was 'visiting my wife/husband' we did this for about a year, the CBP even commented it must be hard, yup but you make the most of them time lol

They would ask how long your staying, 2 weeks 3 weeks whatever it was, I even flew over for 2 nights once

Honesty is ALWAYS the best policy with CBP

My wife eventually moved to UK, but now we are both in the USA

Never had any issues at the border, because I was honest

Posted
  On 10/27/2015 at 6:48 PM, CanadianGuy1987 said:

What if the line of questioning by the border guard leads to him/her asking where I was married, and why I didn't go the route of the proper K-1 visa process?

How could I answer those questions without seeming like I'm trying to break the rules?

The K-1 visa is only the proper route if you planned on LIVING there after you married. Since you had no intent of staying, there was no reason to get the K-1. You don't need the K1 marry, you just need it to stay. So you didn't break the rules and there's no reason not to be honest about it.

Filed: Timeline
Posted
  On 10/27/2015 at 6:55 PM, cloudy said:

The K-1 visa is only the proper route if you planned on LIVING there after you married. Since you had no intent of staying, there was no reason to get the K-1. You don't need the K1 marry, you just need it to stay. So you didn't break the rules and there's no reason not to be honest about it.

Thanks a lot for all the responses from everyone in this thread.

Greatly appreciate the assistance.

Have a great day!

 
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