Should I get married in the US or Canada?

[G&A 1]

I am planning on filing for a K-3 spouse visa and wanted to run this by you all:

My fiancee is Canadian and comes to the US frequently on the VWP. As a matter of fact, she is coming in 10 days.

I wanted to you get your opinion on the risks associated with both options:

(a) Get married when she comes here for the weekend. She flies back Monday and i start the K3 filing process.

(B) Plan a trip to Canada, get married there and then come back to the US and file for K3.

We prefer option (a) but we are concerned that since she is coming on a VWP (as a visitor) and then getting married. I know she is leaving the US in a day or two after that but seems that this could cause issues inthe future (interview, AOS, .'.)

PS I have read most of the guides and been reading many threads.

[pushbrk 12,898]

I am planning on filing for a K-3 spouse visa and wanted to run this by you all:

My fiancee is Canadian and comes to the US frequently on the VWP. As a matter of fact, she is coming in 10 days.

I wanted to you get your opinion on the risks associated with both options:

(a) Get married when she comes here for the weekend. She flies back Monday and i start the K3 filing process.

(B) Plan a trip to Canada, get married there and then come back to the US and file for K3.

We prefer option (a) but we are concerned that since she is coming on a VWP (as a visitor) and then getting married. I know she is leaving the US in a day or two after that but seems that this could cause issues inthe future (interview, AOS, .'.)

PS I have read most of the guides and been reading many threads.

It would be risky to say she was coming to the USA for her own wedding. I would use a more generic reason, like "pleasure" or "visit friends" if asked. Do the same for any subsequent visits during the visa process. One is not required to provide a full itinerary of their plans. As long as she is going to return to Canada within the time she is allowed to stay, I don't see any risk. What is fraud and illegal is to come here with the intention of marrying and then stay and attempt to adjust status instead of obtaining a proper visa. (K3 or CR/IR-1 etc.)

[CutienPurg 0]

I am planning on filing for a K-3 spouse visa and wanted to run this by you all:

My fiancee is Canadian and comes to the US frequently on the VWP. As a matter of fact, she is coming in 10 days.

I wanted to you get your opinion on the risks associated with both options:

(a) Get married when she comes here for the weekend. She flies back Monday and i start the K3 filing process.

(B) Plan a trip to Canada, get married there and then come back to the US and file for K3.

We prefer option (a) but we are concerned that since she is coming on a VWP (as a visitor) and then getting married. I know she is leaving the US in a day or two after that but seems that this could cause issues inthe future (interview, AOS, .'.)

PS I have read most of the guides and been reading many threads.

I think the majority of us Can/Am couples who are or who have succesfully applied for spousal visas got married in the US during a visit. For some reason I think there are longer delays in obtaining the marriage certificate in Canada so as to file the petition.......dont quote me on that but for some reason I think that's the primary reason.

You're lucky you have Vancouver as your consulate.

Good Luck

[Reba 2]

for the record, Canada is not part of the VWP with the US, Canada is something else entirely.

If she arrives at the POE with a fluffy white gown slung over her arm, she may well be turned away and denied entry. If however she shows up with a small bag and says she's just here for the weekend, and has evidence of such (proof of ties to Canada), then she should be fine.

Depending where in Canada you would get married would depend on how long it would take to get your marriage certificate. In Ontario it can take several months, which would delay your submitting the petitions for K3 and CR1. However in most places in the US, I've never heard of it taking much longer than a week to get the certificate, and in some places you can get it same day, if the registrar is open on the day you get married.

[G&A 1]

for the record, Canada is not part of the VWP with the US, Canada is something else entirely.

If she arrives at the POE with a fluffy white gown slung over her arm, she may well be turned away and denied entry. If however she shows up with a small bag and says she's just here for the weekend, and has evidence of such (proof of ties to Canada), then she should be fine.

Depending where in Canada you would get married would depend on how long it would take to get your marriage certificate. In Ontario it can take several months, which would delay your submitting the petitions for K3 and CR1. However in most places in the US, I've never heard of it taking much longer than a week to get the certificate, and in some places you can get it same day, if the registrar is open on the day you get married.

Thanks for the info. I called Orange County and San Diego County and they both require 5 to 10 bus days to process a certificate which is not bad

btw, what is the canada visitor visa called? i thought they fill the green forw (VWP)... but then i never did it myself so not sure

[CutienPurg 0]

I think most people make that same mistake thinking it's VWP........I know we did......and to be honest I dont know if it has a common name.

[Reba 2]

its just "Canadian visitor" there is no visa. We are anomalies.

[misa 2]

Yep, lots of Can/Am couples marry in the US and then the Canadian goes home while the USC files for the K3. That's how it was in our case. We married on a visit (4 day visit). It's not really an issue if the Canadian leaves and goes home after the visit.

I don't think it causes any problems at the interview for the K3 or AOS since she's not overstaying a visit or anything of that nature and she's also not entering with intent to marry and STAY. The circumstances behind us getting married (marrying in the U.S. on a visit) wasn't even brought up at our interview in Vancouver for the K3.

Edited May 13, 2007 by misa

[G&A 1]

Thank you for the input. It looks like i am taking the same journey. I hope we can get it in 4 months as you guys did!

[CutienPurg 0]

Thank you for the input. It looks like i am taking the same journey. I hope we can get it in 4 months as you guys did!

with Vancouver as your consulate , the odds are good you wont be far off that mark if all goes smoothly

Best of Luck

[G&A 1]

Thank you for the input. It looks like i am taking the same journey. I hope we can get it in 4 months as you guys did!

with Vancouver as your consulate , the odds are good you wont be far off that mark if all goes smoothly

Best of Luck

I hope so

Thanks!