Canadian Visitor getting married in US

[617Haligonian 34]

Hello,

 

My boyfriend is Canadian and entered the US on a tourist visa with intent to visit me (A US Citizen) for a while. He missed his return flight and decided he would return home later, closer to when his visitor visa expires in March. We have been thinking about options for him to stay in the US. I know the obvious answer is marriage. However, from my initial reading of posts I see that it is frowned upon to marry on a visitor visa. We didn't have this intention originally but now we cannot stand the thought of being separated again. Is there any way we can marry and he can just adjust his status without him leaving? I think the more proper way is to get married, have him return home and then try to file for him to immigrate to the US, but I imagine the wait time and separation are going to be brutal. If he's already here on a visitor visa, does that make the process any easier? Any idea on what forms we need to fill out? I'm going to set up some consultations with some local immigration attorneys but just wanted a general idea before I get there. 

 

TLDR: Is it possible for me to marry my Canadian boyfriend while he is here on a visitor visa, and for him to stay and adjust his status without leaving? 

 

Thank you!!

[Unshakable Faith 493]

It's much easier to have him stay and adjust if is financially feasible for both of you.

 

Also, please don't let an immigration attorney talk you into their ridiculously priced service.  If they're shady, they'll tell you something to scare you into thinking you have more of a chance with them.

 

If you have a straightforward case and no previous immigration issues, you should be fine.  Search on here and read the forums of the thousands of people that have adjusted their status with no issues!

 

To add:  This idea is fine because when he crossed the border, he had intent to go back home on time.  He cannot at any point go back home and then come to visit again and then follow through with this plan.  That would be blatant immigration fraud.

Edited February 5, 2018 by Unshakable Faith

[JFH 12,191]

Yes, this is possible.

 

But even if you do decide that it's better for him to return and file a spouse visa application, the separation won't kill you. I and many others have survived. And I can promise you that I don't love my husband any less than you love your fiancé. 

[Lemonslice 4,989]

6 minutes ago, Unshakable Faith said:

It's much easier to have him stay and adjust if is financially feasible for both of you.

Easier?  As long as he is comfortable being unable to work, get a driver's licence, travel outside of the country or do much for months, I guess it is "easier".

[Unshakable Faith 493]

5 minutes ago, Lemonslice said:

Easier?  As long as he is comfortable being unable to work, get a driver's licence, travel outside of the country or do much for months, I guess it is "easier".

Easier on the separation aspect.  And the above is not always so long.  If there's a job offer, he can request an expedite of the EAD with proof.

Edited February 5, 2018 by Unshakable Faith

[617Haligonian 34]

36 minutes ago, Dee elle said:

Yes this is possible.. it means though that he will not be allowed to work and must stay in the US until he receives his Advanced Parole card and Employment Authorization, both of which will take 4 to 5 months to be processed from when the applications are submitted... so, possibly 6 months or more, depending on how quickly you get married, get the documents together and complete the forms. 

If you marry now, and he goes back to Canade, you will file the I130 spouse visa... the process will take about 12 to 14 months, but when he enters the US on his spouse visa,  he is immediately a resident and can work and travel. Being Canadian, provided he is able to show strong ties to Canada, he can continue to visit you and of course you can visit him... making the waiting a lot easier than many couples who are not able to visit during the waiting period 

Thank you for the super quick reply. This made me feel so much more at ease. Thank you for mentioning the Advanced Parole Card and Employement Authorization. Added those to my list, thank you! 

 

15 minutes ago, Unshakable Faith said:

It's much easier to have him stay and adjust if is financially feasible for both of you.

 

Also, please don't let an immigration attorney talk you into their ridiculously priced service.  If they're shady, they'll tell you something to scare you into thinking you have more of a chance with them.

 

If you have a straightforward case and no previous immigration issues, you should be fine.  Search on here and read the forums of the thousands of people that have adjusted their status with no issues!

 

To add:  This idea is fine because when he crossed the border, he had intent to go back home on time.  He cannot at any point go back home and then come to visit again and then follow through with this plan.  That would be blatant immigration fraud.

I figured an attorney would be best just because I feel like this is extremely daunting and I don't want to make an error and ruin our chances. Fingers crossed I don't run into anyone too sketchy. I appreciate the added bit at the end. I was so nervous that this was fraud, but your point makes much more sense than what I had in my head originally. Thank you. 

 

12 minutes ago, JFH said:

Yes, this is possible.

 

But even if you do decide that it's better for him to return and file a spouse visa application, the separation won't kill you. I and many others have survived. And I can promise you that I don't love my husband any less than you love your fiancé. 

I absolutely understand, I was being a overly dramatic. I admire everyone who has gone through the process and dealt with the separation, not easy. Thank you! 

 

10 minutes ago, Lemonslice said:

Easier?  As long as he is comfortable being unable to work, get a driver's licence, travel outside of the country or do much for months, I guess it is "easier".

I guess I think it's easier because that's kind of our current situation. He can't get a license or work, but he already can't do that so another 6 months of our current normal isn't too bad. 

 

Thank you all for your super quick responses. I'm feeling so much better and relieved, THANK YOU!! 

[Unshakable Faith 493]

Seriously though, if you want the added thousands of dollars in fees that they charge, that's completely a personal choice.

 

The process is not as daunting as you may think.  Just paperwork, waiting, more paperwork, waiting lol.  This is a process that happens successfully everyday without a lawyer.  

 

Look into the process and I'm sure it won't seem so overwhelming.

 

Best luck to you!

[617Haligonian 34]

1 minute ago, Unshakable Faith said:

Seriously though, if you want the added thousands of dollars in fees that they charge, that's completely a personal choice.

 

The process is not as daunting as you may think.  Just paperwork, waiting, more paperwork, waiting lol.  This is a process that happens successfully everyday without a lawyer.  

 

Look into the process and I'm sure it won't seem so overwhelming.

 

Best luck to you!

Much appreciated. I'm sitting here going "where do i even start". I hope I'll get more comfortable with the process as I read about it. This site is an awesome resource, just have to read and remember how to spell my name for the paperwork  (just kidding hahaha). Thank you again!

[Lemonslice 4,989]

7 minutes ago, muricafyeah said:

I guess I think it's easier because that's kind of our current situation. He can't get a license or work, but he already can't do that so another 6 months of our current normal isn't too bad. 

 

Thank you all for your super quick responses. I'm feeling so much better and relieved, THANK YOU!! 

Awesome!  Being unable to travel was not an option for us (and seriously, 6 month out of work... big chunk of change).

[JFH 12,191]

Just now, Lemonslice said:

Awesome!  Being unable to travel was not an option for us (and seriously, 6 month out of work... big chunk of change).

Likewise! I work for an airline so not being to work or travel would have been a double blow. 

[Lemonslice 4,989]

1 minute ago, JFH said:

Likewise! I work for an airline so not being to work or travel would have been a double blow. 

$50K annual salary (my guess for an average professional) x 6 months... $25K - just there it's a lot...

Otherwise, my job requires a lot of travel, but... no flight benefits or such being on the regulatory side of things (missing non-rev ).

[geowrian 22,338]

42 minutes ago, Unshakable Faith said:

And the above is not always so long.  If there's a job offer, he can request an expedite of the EAD with proof.

Expedites for job offers are also not always being approved, or are taking extended periods of time right now.

Edited February 5, 2018 by geowrian

[bad4tatt 168]

11 hours ago, muricafyeah said:

Hello,

 

My boyfriend is Canadian and entered the US on a tourist visa with intent to visit me (A US Citizen) for a while. He missed his return flight and decided he would return home later, closer to when his visitor visa expires in March. We have been thinking about options for him to stay in the US. I know the obvious answer is marriage. However, from my initial reading of posts I see that it is frowned upon to marry on a visitor visa. We didn't have this intention originally but now we cannot stand the thought of being separated again. Is there any way we can marry and he can just adjust his status without him leaving? I think the more proper way is to get married, have him return home and then try to file for him to immigrate to the US, but I imagine the wait time and separation are going to be brutal. If he's already here on a visitor visa, does that make the process any easier? Any idea on what forms we need to fill out? I'm going to set up some consultations with some local immigration attorneys but just wanted a general idea before I get there. 

 

TLDR: Is it possible for me to marry my Canadian boyfriend while he is here on a visitor visa, and for him to stay and adjust his status without leaving? 

 

Thank you!!

Guessing his intent was to stay all along. How does one just miss a flight and not book another if he had true ties like a job? lease or mortgage ? etc?

[DeepakChani 738]

2 hours ago, bad4tatt said:

Guessing his intent was to stay all along. How does one just miss a flight and not book another if he had true ties like a job? lease or mortgage ? etc?

Exactly what I am thinking. Plus, isnt it visa fraud coming on a tourist visa, staying in the US, and doing AOS based on marriage? The CO may see this as a "hidden intent" that you came to "visit" the same person you married. You basically are cutting in line for all those that do K-1.

Edited February 5, 2018 by deepakchani

[Orangesapples 1,954]

1 hour ago, deepakchani said:

Exactly what I am thinking. Plus, isnt it visa fraud coming on a tourist visa, staying in the US, and doing AOS based on marriage? The CO may see this as a "hidden intent" that you came to "visit" the same person you married. You basically are cutting in line for all those that do K-1.

It's not fraud.