Marrying my american GF - Im canadian

[petey19 0]

I have a few questions, I am looking to get married to my gf who is a US citizen, I am canadian, we only live about 1 hour and a half apart right now. What is the best way to going about getting married in NY State.

 

I would like to continue to work in canada while my visas are in the process. How do I go over and get married, without it being fraudulent? Im guessing coming back to canada makes it alright?

 

Also new york state has a 24 hour waiting period so I guess we have to go down apply and then pick up the marriage certificate and then get married?

 

Please help if you do have any advice

[geowrian 22,337]

Yeah, you can just marry anywhere then file for a CR-1 visa. You cannot enter the US with the intent to marry & stay/adjust status. So yes, as long as you return to Canada, it's not an issue. You can still visit during the process.

 

Guide: http://www.visajourney.com/content/i130guide1

NOTE: The G-325As are no longer needed, but an I-130A is.

Edited August 3, 2017 by geowrian

[petey19 0]

Ok, and if I choose to get married and stay, it would be a harder process?

[geowrian 22,337]

1 minute ago, petey19 said:

Ok, and if I choose to get married and stay, it would be a harder process?

It would be fraud to enter with intent to do that.

Edited August 3, 2017 by geowrian

[SabRob 154]

It's not illegal or fraudulent to get married in the US on a tourist visa.  All you need to do is be honest to the CBP officer by telling them you are going to marry your fiancee and be prepared to show proof that you have a job, apartment etc waiting back in Canada for you. 

 

Yeah, just apply for a marriage license (either in person on online) and then wait a full 24h from the moment you get the license until you can have a marriage ceremony. So basically if you pick up your marriage license at noon you can get married the next day anytime after noon. (if you can get an appointment that fast)

[petey19 0]

Just now, SabRob said:

It's not illegal or fraudulent to get married in the US on a tourist visa.  All you need to do is be honest to the CBP officer by telling them you are going to marry your fiancee and be prepared to show proof that you have a job, apartment etc waiting back in Canada for you. 

 

Yeah, just apply for a marriage license (either in person on online) and then wait a full 24h from the moment you get the license until you can have a marriage ceremony. So basically if you pick up your marriage license at noon you can get married the next day anytime after noon. (if you can get an appointment that fast)

So just do it online simple and easy? and that license is good for 2 months i believe in ny, then i have to call city hall and make an appointment to get married?

[SabRob 154]

Just now, petey19 said:

So just do it online simple and easy? and that license is good for 2 months i believe in ny, then i have to call city hall and make an appointment to get married?

Yeah it's valid for 60 days. Some city halls/courts require you to schedule an appointment for the ceremony while others operate on a first come first serve basis (my husband and I got married in such a court, we basically just waited for our turn), you'll have to look around and see what suits you best. 

[petey19 0]

1 minute ago, SabRob said:

Yeah it's valid for 60 days. Some city halls/courts require you to schedule an appointment for the ceremony while others operate on a first come first serve basis (my husband and I got married in such a court, we basically just waited for our turn), you'll have to look around and see what suits you best. 

ok thank you for the reply.. if you apply on line they will send you it online i assume?

 

there is just so much to do .. and the worst part is we live so close

Just now, petey19 said:

ok thank you for the reply.. if you apply on line they will send you it online i assume?

 

there is just so much to do .. and the worst part is we live so close

was your case very straight forward..

[SabRob 154]

Just now, petey19 said:

ok thank you for the reply.. if you apply on line they will send you it online i assume?

 

there is just so much to do .. and the worst part is we live so close

Nope, you complete all the forms online and then pick it up from the Clerk's office. 

[cswalczakny 0]

On 8/3/2017 at 10:09 AM, petey19 said:

So just do it online simple and easy? and that license is good for 2 months i believe in ny, then i have to call city hall and make an appointment to get married?

If you're worried about it, you can get married in Canada.  Going over the border into the US and telling them you're coming in to get married it's entirely possible they will stop you.  The American CBP officers are ball busters.  I know this because my wife is from Canada and I live in Buffalo too.  We ended up getting married in Oshawa by where her family lives and we moved her down to an apartment in Niagara, Ontario while we've been processing our immigration paperwork.  I live in Niagara about 5-6 days per week and the Canadian border authority gives me absolutely no trouble ever but the US CBP refuses to let her enter and even absolutely brutally berated her until she cried once trying to come over to visit with my grandmother last year and accused her of trying to immigrate illegally with no proof.

 

My advice from having been through this whole thing myself in exactly the same place as you is to marry in Canada and then file and assume that you won't be allowed into the US for even one second until you are approved for your visa.  That's just the way it is, unfortunately.

 

My wife and I are now just waiting for our interview in Montreal and then we'll finally be able to just live under one roof.  I can't wait.

[hikergirl 277]

I got married in GA while down for a visit.  We filed our application for the CR-1 Visa after I’d gone home.  I was able to fly to visit hubby during the wait for processing.  I took proof of intent to go back to Canada - lease, letter from work and a copy of the application for the visa with me.  I had no issues with the travel down.

[cswalczakny 0]

2 hours ago, hikergirl said:

I got married in GA while down for a visit.  We filed our application for the CR-1 Visa after I’d gone home.  I was able to fly to visit hubby during the wait for processing.  I took proof of intent to go back to Canada - lease, letter from work and a copy of the application for the visa with me.  I had no issues with the travel down.

They're way easier on you when you're flying because you have a return ticket. When you're driving down it's different. 

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to Off Topic; topic primarily pertains to marriage procedures in NY State.

[moemac59 192]

On ‎8‎/‎4‎/‎2017 at 7:22 AM, cswalczakny said:

If you're worried about it, you can get married in Canada.  Going over the border into the US and telling them you're coming in to get married it's entirely possible they will stop you.  The American CBP officers are ball busters.  I know this because my wife is from Canada and I live in Buffalo too.  We ended up getting married in Oshawa by where her family lives and we moved her down to an apartment in Niagara, Ontario while we've been processing our immigration paperwork.  I live in Niagara about 5-6 days per week and the Canadian border authority gives me absolutely no trouble ever but the US CBP refuses to let her enter and even absolutely brutally berated her until she cried once trying to come over to visit with my grandmother last year and accused her of trying to immigrate illegally with no proof.

 

My advice from having been through this whole thing myself in exactly the same place as you is to marry in Canada and then file and assume that you won't be allowed into the US for even one second until you are approved for your visa.  That's just the way it is, unfortunately.

 

My wife and I are now just waiting for our interview in Montreal and then we'll finally be able to just live under one roof.  I can't wait.

OMG Seriously CS?? That is brutal. Which POE where you trying to enter at? There is one officer at Lewiston by the last name of Frank and he is a #######. I have a NEXUS pass and crossed at Whirlpool all of the time and he gave me such a hassle every time I would come over to visit. He would even do this when I became a citizen last year. It got so bad that I went into the NEXUS office to talk to his supervisor about his behavior. I am so sorry that you are going through this. Has your wife applied for a NEXUS card? She might have a better time using that at Whirlpool instead of crossing over at Niagara or Lewiston. If she does come over for a visit, just have her bring paperwork with her that shows her ties to Canada as well as the I797 notifications from USCIS that show's that there is an application that is being processed.

Edited August 9, 2017 by Ryan H
Reason for edit: to remove alternate spelling of profanity

[moemac59 192]

On 8/3/2017 at 10:14 AM, petey19 said:

ok thank you for the reply.. if you apply on line they will send you it online i assume?

 

there is just so much to do .. and the worst part is we live so close

was your case very straight forward..

Oh I feel your pain. I lived in Toronto and my husband lived in Medina. It seemed like it took forever to go through the process. Don't be overwhelmed with what you have to do, just take it one step at a time and research the site. If I had to do it over again, I would have done the spousal visa instead of the K1 Visa. When I went in to the Buffalo office for my citizenship interview, the Immigration Officer told me that I took a longer route of path to citizenship by going the K1 route. Start researching the forums here on VJ as there is a ton of good advice. I also strongly suggest that you apply for a NEXUS card if you do not have one already. Those wait times at the NY border crossings (Erie/Niagara/Lewiston) can be brutally long. With a NEXUS pass you can just whip through Whirlpool bridge which is only for NEXUS card holders. It was a god send for me while I was going back and forth

Edited August 9, 2017 by moemac59