What is best way to go about getting married and filling

[guggs19 2]

2 minutes ago, luv2teach77 said:

I would assume that is how it works.  Essentially you can't get a marriage license and then get married the same day in New York state.  However, based on the info related to Las Vegas, marriage licenses are issued the same day there, enabling you to proceed with the ceremony immediately.

ok thats what i figured. so get a marriage license which is good for 2 months in NY STATE, and then just get married on a random day?

 

I didn't know if you could get married on the same day or not, i didnt understand how that worked.

[kat.cap13 233]

2 hours ago, guggs19 said:

I think that is thhe best option, i cross almost every weekend and have never had a problem, we are ready to get married in the next few months. I do think getting married in ontario is better, but would make more sense to do it in ny. i guess i can get married come back have her file and then continue to try and cross until the visa is done. My other suggestion is it still consider fraud if we just to decide to get married on a whim on a vacation or some sort? i still dont know how i can get married in ny without it being fraudulent and thats what im trying to decide.

You wouldn't be allowed to get married in the US without the K1 visa approved. Once you have the K1 visa you're essentially moving down to the US to get married. You'll have 90 days starting at the Port of Entry into the US to get married and adjust your status and receive a green card. The catch is you won't be able to leave the US until you have your green card.

 

I don't know the process for evaluating the I-130 applications and determining how cases are fraudulent. I'm sure a lot of couples get lucky with approvals as this a really grey area.

[RO_AH 1,659]

20 minutes ago, kat.cap13 said:

You wouldn't be allowed to get married in the US without the K1 visa approved.

This is completely wrong. You can get married in the USA. She can apply for spouse visa. You can visit her or she can visit you until visa is approved. If you will visit her you need to show strong ties that you will return. Having a job and residence in Canada will help. The fact  that you married and then returned shows that you are not trying to get around immigration.

[Going through 5,671]

2 hours ago, Transborderwife said:

I'd recommend getting a nexus card before applying for a visa.  It will make crossings easier 

I second this.

[kat.cap13 233]

12 minutes ago, RO_AH said:

This is completely wrong. You can get married in the USA. She can apply for spouse visa. You can visit her or she can visit you until visa is approved. If you will visit her you need to show strong ties that you will return. Having a job and residence in Canada will help. The fact  that you married and then returned shows that you are not trying to get around immigration.

I'm strictly speaking to if he planned to remain in the US after getting married - fraud would be suspected. Should of clarified better - its been a long day!

 

If you plan to go back to Canada after getting married then yes you'd apply for the spouse visa and wait for that in Canada. 

[Going through 5,671]

54 minutes ago, kat.cap13 said:

My other suggestion is it still consider fraud if we just to decide to get married on a whim on a vacation or some sort?

People do get married on a whim, it does happen.  It happened to me.  There is a difference, though, between getting married on a whim, and getting married on a whim thinking it will make immigration easier as an intent behind it.  

 

The words "decide" and "whim" don't really go together.  I would suggest a spouse visa.

Edited August 1, 2017 by Going through

[caliliving 606]

I don't think people underatand...he lives on a BORDER toen!!! People on a BORDER cross sometimes 5x/week! As long as he can show proof of his job this won't be an issue since its a BORDER town and very common for people to visit back and forth!!!! I know lots of ppl in this situation and they did spouse visa and continued to visit allllll the time w no problem !!!

 

 

So get married in Ontario and u won't have a problem. Ur track record of crossing all the time won't be a cause for an alarm eothrr...if u r spending more time or if this is a sudden change then perhaps...obviously u won't have a car full of stuff ur bringing across and u have proof of a job u r going back go. Yes, I know lots of ppl in this situation and they continued to visit while the visa was pending. That way once approved they moved together and didn't have to lose their job..some even kept their job and continued to cross until they found a new one in the states. 

Edited August 1, 2017 by caliliving

[Transam 4]

If you cross the border, get married and file the AOS within 30days, USCIS will consider that as misrepresenting yourself at the entry and deny your application, or worse yet you may denied entry in the future. Let's say you cross the border wait for 90days and apply, you won't be able to go back to Canada for 90days plus about extra 90days until you receive I-131 approval. Not to mention you can't work during that while. You already have preconceived idea of getting married, so you can't pretend innocent and play fool. 

 

Even if you have no intention of staying after the wedding, I wouldn't just cross the border and telling officer you are there to get married. It'll give them a wrong idea and unless otherwise proven, you are most likely to get denied.

 

Best bet is to get married in Canada, file for CR1 and wait while you two enjoy the luxury of visiting each other freely and keep the job. It sucks not being able to live together soon, but it's better than you risk yourself getting banned from the entry. 

 

K1 might be the other option, but DOS does not recommend crossing the border under Visa Waiver while K1 is pending.

 

"Travel under another visa status or the visa waiver program is not advised for K-1 fiancé/fiancée visa applicants prior to the approval of their K visa as they have already indicated their intention is to marry in the U.S. For more information about Nonimmigrant visa for a fiancé (e) K visa visit"

 

Edited August 1, 2017 by Transam

[geowrian 22,337]

5 hours ago, kat.cap13 said:

You wouldn't be allowed to get married in the US without the K1 visa approved.

Why not? They don't check/care about your immigration status to get married. Apples and oranges...marriage on any status (or no status) is permitted.

 

Quote

I don't know the process for evaluating the I-130 applications and determining how cases are fraudulent. I'm sure a lot of couples get lucky with approvals as this a really grey area.

There's no gray area here...entering with intent to adjust status is clear fraud. Intent is determined at POE per Matter of Cavazos and Matter of Battista.

11 minutes ago, Transam said:

If you cross the border, get married and file the AOS within 30days, USCIS will consider that as misrepresenting yourself at the entry and deny your application, or worse yet you may denied entry in the future. Let's say you cross the border wait for 90days and apply, you won't be able to go back to Canada for 90days plus about extra 90days until you receive I-131 approval. Not to mention you can't work during that while. You already have preconceived idea of getting married, so you can't pretend innocent and play fool.

It doesn't matter if it's 1 day or 91 days per the court cases noted above.

[Transam 4]

7 minutes ago, geowrian said:

It doesn't matter if it's 1 day or 91 days per the court cases noted above.

He clearly has an intention of marrying USC and to stay over at this point.

Don't encourage somebody to misrepresent themselves. 

[geowrian 22,337]

2 minutes ago, Transam said:

He clearly has an intention of marrying USC and to stay over at this point.

Don't encourage somebody to misrepresent themselves. 

I'm certainly not encouraging any such activity. Never have. Doing that would be fraud, as I have stated.

 

He has intentions to marry and has been instructed that he can marry anywhere and file for a CR-1, and visit during that period. He's being instructed as to his legal options, but that doesn't mean inaccurate information should be ignored either.

Edited August 1, 2017 by geowrian

[Transam 4]

1 minute ago, geowrian said:

I'm certainly not encouraging any such activity. Never have. Doing that would be fraud, as I have stated.

 

He has intentions to marry and has been instructed that he can marry anywhere and file for a CR-1, and visit during that period. He's being instructed as to his legal options.

Sorry I just read your 1day - 91 day part only. My apology.

[Going through 5,671]

I wish I'd lived in a border town when I was living in Canada...I had to drive 10 hours in each direction.  

Take advantage of the fact that you are so close in proximity and visit each other often while your application is pending---your relationship will strengthen too in the meanwhile.

 

I wish I'd lived in a border town when I was living in Canada...I had to drive 10 hours is each direction just to visit.  

 

Trust me, many people here envy you right now being so close to her...many are hundreds of miles away from their fiance/spouse where frequent visits aren't possible!

Edited August 2, 2017 by Going through

[RO_AH 1,659]

2 hours ago, Transam said:

He clearly has an intention of marrying USC and to stay over at this point.

The OP has never once said that he intended to stay.

[caliliving 606]

1 hour ago, RO_AH said:

The OP has never once said that he intended to stay.

Exactly, everyone is so quick to judge and many get a little jealous w how easy it is to drive from canada to America.  People automatically want to assume you are going to drive across w a car full of goods and stay lol