Canadian Visitor getting married in US

[DBR 36]

It's possible, and many people have done it successfully, unfortunately people have also been unsuccessful which can result in a ban / lifetime ban from entering the US. 

[Unshakable Faith 493]

Intent is determined by border patrol, thankfully not by VJ members.  If he was allowed in the country, then clearly CBP didn't see any signs of intent.

 

It's easy to miss your flight when you've decided you want to stay with your fiance.  That's not fraud unless that was the intent when he crossed the border.

 

OP, even IF your AOS were denied, you can just reapply with stronger evidence.

 

Is it "skipping" in line? Maybe in a round about way.  If your fiance came to visit and said "baby, I don't want to leave you"... 99% of people cannot honestly say they'd tell them "sorry, you have to go home, you can't skip in line!!" when there's a completely LEGAL way for  to stay together.

 

Best wishes OP!

 

Edited February 5, 2018 by Unshakable Faith

[Ontarkie 14,557]

~~Moved to AOS from Work, Student & Tourist visas, from IR1/CR1 P&P - the OP is asking about aos'ing as they are both inside the US.~~

[Khallaf 650]

46 minutes ago, Unshakable Faith said:

Intent is determined by border patrol, thankfully not by VJ members.  If he was allowed in the country, then clearly CBP didn't see any signs of intent.

 

It's easy to miss your flight when you've decided you want to stay with your fiance.  That's not fraud unless that was the intent when he crossed the border.

 

OP, even IF your AOS were denied, you can just reapply with stronger evidence.

 

Is it "skipping" in line? Maybe in a round about way.  If your fiance came to visit and said "baby, I don't want to leave you"... 99% of people cannot honestly say they'd tell them "sorry, you have to go home, you can't skip in line!!" when there's a completely LEGAL way for  to stay together.

 

Best wishes OP!

 

you really need to rethink the whole telling people intent is determined at the border by patrol, people can lie very well, and not all border patrol is going to catch onto it....so it is still immigration fraud if the intent to come into the USA on a visitor was to get married and do AOS. Intent will be looked at as the process goes on..

 

They will either get a pass, or they will not...people have done it and people have gotten passed it, people have done it and gotten caught and are now in a lifetime ban.

 

They need to be realistic and not attempt to skate past it simply because they can't bare to be a part.....immigration fraud is not something to take lightly.

[geowrian 22,338]

17 minutes ago, Khallaf said:

you really need to rethink the whole telling people intent is determined at the border by patrol, people can lie very well, and not all border patrol is going to catch onto it....so it is still immigration fraud if the intent to come into the USA on a visitor was to get married and do AOS. Intent will be looked at as the process goes on..

 

They will either get a pass, or they will not...people have done it and people have gotten passed it, people have done it and gotten caught and are now in a lifetime ban.

 

They need to be realistic and not attempt to skate past it simply because they can't bare to be a part.....immigration fraud is not something to take lightly.

If somebody enters with intent to file for AOS, then it is fraud whether they get caught or not.

That said, preconceived intent cannot be the cause for a denial once you are already admitted. Intent is determined at POE. This is well documented and been ruled on by the BIA. See Matter of Cavazos and Matter of Battista for details. The AOS applicant will not be required to show their non-immigrant intent upon entry, not will they be denied due to it.

 

Do you have some examples of cases to share where somebody was denied and/or received a permanent bar due to preconceived intent?

[Kim & Zak 195]

He didn't enter the country with immigrant intent, so technically you're good. I've heard (we also considered this path) that as long as you wait 2-3 months to get married, from when he entered the country, they generally don't question it. But I'm also a worry wort, so I feel like it can be iffy  

 

Many other gave you great advice between the two paths you can take. I will, however, second that you should not get an attorney for anything besides checking paperwork for mistakes/general advice. You don't need anyone representing you for what seems like a pretty straight forward case like this, VJ has most/many of the answers that you need, if not all of them. In fact, I've found answers here that an immigration lawyer couldn't figure out!

[mushroomspore 3,044]

13 minutes ago, geowrian said:

If somebody enters with intent to file for AOS, then it is fraud whether they get caught or not.

That said, preconceived intent cannot be the cause for a denial once you are already admitted. Intent is determined at POE. This is well documented and been ruled on by the BIA. See Matter of Cavazos and Matter of Battista for details. The AOS applicant will not be required to show their non-immigrant intent upon entry, not will they be denied due to it.

 

Do you have some examples of cases to share where somebody was denied and/or received a permanent bar due to preconceived intent?

Thank you.

[Creamsoda1983 7]

i just wanted to add about the lawyer. You can see a lawyer for an initial consult. They can help you go over your options and review the best plan for you and explain exactly how the process works.  You can pay up to abut $500 for that one time consult. I did that. Before I went, I researched everything as much as I could, printed out all the possible forms I might need. It was very confusing at first. I read through each form and all the directions. I circled and highlighted anything I had a question about. So when we did speak with the lawyer, I had a good idea of what I needed to do, and she cleared up any questions. (even the stupidest smallest questions about the forms, which fees apply etc). That was all I really needed to feel confident to do the rest myself.

When she sent us the quote for if we wanted to actually hire her to file for us, it was $5000. Oh hell no. I can see needing to do this when there are major immigration issues, but my case is pretty simple, I never overstayed my visas etc.

 

But the $300 consult fee was worth it. I filed everything myself. Used this website as a great guide to make sure i had a solid package. And now my AOS is ready for interview! the $5000 was completely unnecessary.

 

The thing with AOS is its not exactly a sure thing. Its up to the immigration officer if they think your intent was/was not to marry when you entered unless you have good evidence to prove otherwise.They can just close the books and tell you to have a nice day and go back to Canada. So it is worth considering the Consular processing route where they cant really deny it, or fiance visas (which I dont know much about personally), but these routes are the safest, surest ways.  I am here on a TN, and when I entered in 2016, we were not planning on getting married then, we hadnt really talked about it yet. He proposed 2017 and we got married in October. I applied for AOS and am awaiting our interview. I think it should all be ok though, but still nerve wracking. 

[geowrian 22,338]

11 minutes ago, Creamsoda1983 said:

The thing with AOS is its not exactly a sure thing. Its up to the immigration officer if they think your intent was/was not to marry when you entered unless you have good evidence to prove otherwise.They can just close the books and tell you to have a nice day and go back to Canada.

Nothing is a sure thing with immigration, but it's not the wild west either.

Yes, the IO can just close the book on your case because of intent. He/She can also do so because you wore a blue shirt to the interview and he/she hates the color blue. In both cases, he/she would be in violation of established policies and rulings, based on the INA, and it could be appealed.

 

11 minutes ago, Creamsoda1983 said:

So it is worth considering the Consular processing route where they cant really deny it, or fiance visas (which I dont know much about personally), but these routes are the safest, surest ways.

To be brutally honest, going for any visa is riskier. DOS has far more broad authority for somebody applying for an entry document versus those who are already within the US and covered by USCIS (DHS). A CO can deny you for all kinds of reasons and their decision are subject to consular nonreviewability...so you have very little to no recourse to contest it in court. An IO can also deny you, but you are entitled to more privileges to challenge them, and can contest it in front of an immigration judge.

[Unshakable Faith 493]

There's also lawyers that have free consults.  But if you're going to pay, please make sure you have a competent immigration attorney.  There are so many horror stories of lawyers giving the wrong advice or filing papers incorrectly causing delays.

 

There is free advice on the forum, examples of completed packages, sample forms... Anything you really needed to ask, there are so many knowledgeable VJ members!

[Derik-Lina 230]

22 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!!

As long as he has not come with "the intention to marry" and that his tourist Visa is valid,  I don t see an issue here.

But,  you must be very careful when you say; "We have been thinking about options for him to stay in the US".

Are you marrying so that he stays here? That sounds like you re doing him a favor and that is "VERY" Illegal.

Edited February 5, 2018 by Derik-Lina

[617Haligonian 34]

10 hours ago, Ontarkie said:

~~Moved to AOS from Work, Student & Tourist visas, from IR1/CR1 P&P - the OP is asking about aos'ing as they are both inside the US.~~

My bad, sorry for putting it in the wrong section. Thanks for moving it! 

 

9 hours ago, kas634 said:

He didn't enter the country with immigrant intent, so technically you're good. I've heard (we also considered this path) that as long as you wait 2-3 months to get married, from when he entered the country, they generally don't question it. But I'm also a worry wort, so I feel like it can be iffy  

 

Many other gave you great advice between the two paths you can take. I will, however, second that you should not get an attorney for anything besides checking paperwork for mistakes/general advice. You don't need anyone representing you for what seems like a pretty straight forward case like this, VJ has most/many of the answers that you need, if not all of them. In fact, I've found answers here that an immigration lawyer couldn't figure out!

I'm a horrible worry wort too, so thank you for bringing the 2-3 month wait up. He's already been here for around that time period, so hopefully that's one less barrier. Everyone is making me rethink the lawyer route. Considering how many posts I got on my silly little post, it's definitely reassuring knowing there's such a community out there for this. Thank you!

 

7 hours ago, Creamsoda1983 said:

i just wanted to add about the lawyer. You can see a lawyer for an initial consult. They can help you go over your options and review the best plan for you and explain exactly how the process works.  You can pay up to abut $500 for that one time consult. I did that. Before I went, I researched everything as much as I could, printed out all the possible forms I might need. It was very confusing at first. I read through each form and all the directions. I circled and highlighted anything I had a question about. So when we did speak with the lawyer, I had a good idea of what I needed to do, and she cleared up any questions. (even the stupidest smallest questions about the forms, which fees apply etc). That was all I really needed to feel confident to do the rest myself.

When she sent us the quote for if we wanted to actually hire her to file for us, it was $5000. Oh hell no. I can see needing to do this when there are major immigration issues, but my case is pretty simple, I never overstayed my visas etc.

 

But the $300 consult fee was worth it. I filed everything myself. Used this website as a great guide to make sure i had a solid package. And now my AOS is ready for interview! the $5000 was completely unnecessary.

 

The thing with AOS is its not exactly a sure thing. Its up to the immigration officer if they think your intent was/was not to marry when you entered unless you have good evidence to prove otherwise.They can just close the books and tell you to have a nice day and go back to Canada. So it is worth considering the Consular processing route where they cant really deny it, or fiance visas (which I dont know much about personally), but these routes are the safest, surest ways.  I am here on a TN, and when I entered in 2016, we were not planning on getting married then, we hadnt really talked about it yet. He proposed 2017 and we got married in October. I applied for AOS and am awaiting our interview. I think it should all be ok though, but still nerve wracking. 

YIKES I did not realize it would even be close to that much for a lawyer's help :/, so thank you for mentioning it!! Can you talk a bit more about the consular processing route? I work super close to the Canadian Consulate and didn't know there was a way to do it through the consulate. I'm incredibly scared we'll try to do an AOS and it will be denied for whatever reason. 

 

5 hours ago, Derik-Lina said:

As long as he has not come with "the intention to marry" and that his tourist Visa is valid,  I don t see an issue here.

But,  you must be very careful when you say; "We have been thinking about options for him to stay in the US".

Are you marrying so that he stays here? That sounds like you re doing him a favor and that is "VERY" Illegal.

I should clarify. I don't mean it in a "hey marry me so you can get a green card and then we'll divorce" way, I meant it in a "marriage so we can be together" way, if that makes more sense. We figured we'd look into marriage as we're both tired of the back and forth of long distance. We've been dating for 6 years and hope to have many many more years together. Thank you for pointing this out!! 

[617Haligonian 34]

Missed the window to edit my last post. I goofed and thought it was the canadian consulate I saw near my work, it's not. 

[Going through 5,671]

If you have a straightforward case (and from what it sounds like, you do) then  you really don't need a lawyer.

 

Put it this way---you would be paying a lawyer but all of the legwork is still on you.  You have to get all your documents together yourself, you have to photocopy everything yourself for your own records, you have to send away for any missing documents/evidence you need and pay for those things yourself, you have to gather evidence of a bonafide marriage yourself, you have to fill out the forms yourself....so what exactly would you be paying a lawyer for except for "looking over your documents and checking that everything's filled out"?  (And then happily taking your money) 

 

These forums are a wealth of good information and free advice.  In addition, you will be surprised at how much of an "expert" you will become yourself as you and your new husband go through this entire process leading up to Naturalization (if he so wishes).  It's daunting at the beginning, yes, when you are first trying to figure out the legal steps necessary to adjust status....USCIS has instructions on their website on how to properly fill out the forms, and VJ members are always willing to help when needed or any confusion arises.

[Derik-Lina 230]

8 hours ago, muricafyeah said:

My bad, sorry for putting it in the wrong section. Thanks for moving it! 

 

I'm a horrible worry wort too, so thank you for bringing the 2-3 month wait up. He's already been here for around that time period, so hopefully that's one less barrier. Everyone is making me rethink the lawyer route. Considering how many posts I got on my silly little post, it's definitely reassuring knowing there's such a community out there for this. Thank you!

 

YIKES I did not realize it would even be close to that much for a lawyer's help :/, so thank you for mentioning it!! Can you talk a bit more about the consular processing route? I work super close to the Canadian Consulate and didn't know there was a way to do it through the consulate. I'm incredibly scared we'll try to do an AOS and it will be denied for whatever reason. 

 

I should clarify. I don't mean it in a "hey marry me so you can get a green card and then we'll divorce" way, I meant it in a "marriage so we can be together" way, if that makes more sense. We figured we'd look into marriage as we're both tired of the back and forth of long distance. We've been dating for 6 years and hope to have many many more years together. Thank you for pointing this out!! 

Great! CO s read between the lines and I am sure they d question a statement like that.. I totally understand your intention is innocent, but choose your words wisely and reply with with the minimum and to the point. Best of luck to you and to your husband to be. I totally understand how you two want to be together, under the same roof. I, too, can t wait for my half to join me soon and boy it has been quite a long journey.