Question about technicalities

[PWalker 0]

I remember looking this up somewhere, but my brain is so rattled from lack of sleep I can't remember where. 

 

I am Canadian, my Fiancée is American. Could she not visit me in Canada, get married here, and apply for a CR1 visa? I could've sworn reading that if I visit HER and marry THERE it would be bad, but I can't remember/find anything about my question.

[Transborderwife 4,666]

Either way is fine, the point is that you wouldn't enter with intent to stay and adjust

[PWalker 0]

Are you serious?.... I could just go visit her now, marry, leave the USA, then apply for the spousal visa? Or she could visit me, marry, leave Canada, and apply for the spousal visa? I could've sworn I read somewhere that said I couldn't. I don't suppose you know where on the uscis page it says anything about that?

Edited April 1, 2017 by PWalker

[Boiler 46,276]

Marriage in the US is a State issue, USCIS is federal. Never heard of people having issues marrying in Canada, but this is a US forum.

[PWalker 0]

2 minutes ago, Boiler said:

Marriage in the US is a State issue, USCIS is federal. Never heard of people having issues marrying in Canada, but this is a US forum.

I know it's a US forum, we intend to live in the US. My question was if it would be considered fraud or something if she married me in Canada, then tried to get a spouse visa.

[geowrian 22,338]

11 minutes ago, PWalker said:

Are you serious?.... I could just go visit her now, marry, leave the USA, then apply for the spousal visa? Or she could visit me, marry, leave Canada, and apply for the spousal visa? I could've sworn I read somewhere that said I couldn't. I don't suppose you know where on the uscis page it says anything about that?

Yes, that is absolutely permitted. The issue is many people come on a tourist visa with the intent to marry and then stay. That's not permitted. Entering with the purpose to marry may be seen as a risk to CBP, but with Canada it's fairly uncommon for them to deny entry.

 

1 minute ago, PWalker said:

I know it's a US forum, we intend to live in the US. My question was if it would be considered fraud or something if she married me in Canada, then tried to get a spouse visa.

Nope, not fraud at all.

Edited April 1, 2017 by geowrian

[PWalker 0]

Just now, geowrian said:

Yes, that is absolutely permitted. The issue is many people come on a tourist visa, marry, then stay. That's not permitted. Entering with the purpose to marry may be seen as a risk to CBP, but with Canada it's fairly uncommon for them to deny entry.

Thank you for clarifying that. I'm just so stressed out about this whole thing I must've missed that fine detail. Thank you.

[Penguin_ie 5,997]

Absolutely fine.  Keep in mind that from filing papers to issuance of a spousal visa takes a year or more; she can visit during that time, but she cannot live or work in the USA until she has the visa.

[Yeonin 127]

1 hour ago, PWalker said:

Are you serious?.... I could just go visit her now, marry, leave the USA, then apply for the spousal visa? Or she could visit me, marry, leave Canada, and apply for the spousal visa? I could've sworn I read somewhere that said I couldn't. I don't suppose you know where on the uscis page it says anything about that?

Hi @Pwalker i'm dutch and I live in Holland and I visited my wife last year in the US (august) and we got married there, no issues at all i came back home and we've filed for the I130 in January this yeat, we're now waiting for the NOA2. I can assure you it doesnt matter where you've married as long as the marriage is bonafide & off course legal and you can proof it. And make sure you get back home within the permitted time, do not overstay. 

[MrHanky 1,378]

2 hours ago, PWalker said:

I remember looking this up somewhere, but my brain is so rattled from lack of sleep I can't remember where. 

 

I am Canadian, my Fiancée is American. Could she not visit me in Canada, get married here, and apply for a CR1 visa? I could've sworn reading that if I visit HER and marry THERE it would be bad, but I can't remember/find anything about my question.

It's pinned to the top of the forum

[SabRob 154]

It's not illegal to go to the States and get married there. I visited my husband last summer and we got married in the US, then I went back home and we sent the I-130. I'm actually currently visiting him and I had no issues going through immigration when I got here, the CBP officer probably already knew we filed that I-130, meaning that he knew we are taking the legal course of action for me to eventually move here. All he asked me was if I was planning on moving to the US in the future, how long I have known my husband for and when I was planning on going back and then he stamped my passport. 

 

It's totally okay to go to the US with the intent of getting married. As long as you can prove that you are going back and plan on applying for a spousal visa, there's no issue. 

[Leafsfan 54]

5 hours ago, SabRob said:

It's not illegal to go to the States and get married there. I visited my husband last summer and we got married in the US, then I went back home and we sent the I-130. I'm actually currently visiting him and I had no issues going through immigration when I got here, the CBP officer probably already knew we filed that I-130, meaning that he knew we are taking the legal course of action for me to eventually move here. All he asked me was if I was planning on moving to the US in the future, how long I have known my husband for and when I was planning on going back and then he stamped my passport. 

 

It's totally okay to go to the US with the intent of getting married. As long as you can prove that you are going back and plan on applying for a spousal visa, there's no issue. 

Proving you're going back home to Canada is as simple as proving employment and domicile (lease agreement, utility bills, etc). It's immigration fraud if you plan on not returning and attempting to adjust status from B2 to CR1. Get your documents in order, vaccinations caught up, and prepared for your eventual interview to be in Montreal. I had mine from filing to approval in 6 months in the end of '16/ beginning .17.

[NovaSprings 89]

PKWalker, I can assure you, getting married in Canada is no trouble.  My husband is a USC, I am a Canadian and now a LPR.  We married in Canada, some of his family even traveled to the ceremony.  We honeymooned in the US and once I returned to Canada, we started the CR1 process.  The process took from Feb 2015 to Jan 2016 so be prepared for a long wait, at least 2 trips to Montreal and lots of money spent. 

 

Good luck! And use Visa Journey it's a great resource!

[f f 725]

you could merry right away file for spousal visa and then stay however much longer your visa allows and the  return to canada have your interview get the visa and return. you do not have to leave the country before filing for the cr1.

[Boiler 46,276]

I always assumed that most Canadians went the express route? Which is obviously naughty.