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Need your help with making the least risky chioce

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Filed: Citizen (pnd) Country: Canada
Timeline
Actually getting married and filing for spouse visa is not risky at all.
We did f. Fraud only occurs if the spouse stays and then tries to adjust status.

Please see this post http://www.visajourney.com/forums/index.ph...st&p=900359

looks like the officer (in 2 occasions) did not explain that you can get married but have to leave the US after. I can see why they will never say this... but i want to really be sure that is not illegal or a visa violation of some sort if a canadian visitor (no visa required) gets married to an american in the US and goes back home in a few days.

Also, if what if they tell her to promise she is not going to get married after she tells them she is going to visit her fiance.. This is so stressful.

I-130:

05/26/07: Mailed USPS; 05/31/07: Priority Date established
09/13/07: Received NOA1 (PD 5/31, RD 5/31, ND 9/10, PM 9/11)
11/15/07: Case Approved
11/20/07: Received NOA2 by mail (PD 5/31, RD 6/9, ND 11/15, PM 11/19)

I-129F:
06/27/07: Mailed USPS; 07/09/07: Received NOA1 (PD N/A, RD 7/2, ND 7/6, PM 7/6)
11/20/07: Received NOA2 by mail (PD N/A, RD 7/6, ND 11/15, PM 11/19)
12/10/07: NVC Received case (12/24/07: Received Packet 3 in the mail)
01/02/08: Email from consulate. Interview scheduled on 01/23. Interview letter in the mail.
01/23/08: Interview in Vancouver Approved
01/24/08: K-3 Visa granted

I-485/I-765 (AOS/EAD):
02/22/08: Mailed USPS; 03/03/08: Received both I-797C NOAs by mail (RD 2/24, ND 2/29, PM 2/29)
03/19/08: Biometrics
05/07/08: EAD card received
07/28/08: Interview Notice Received. (ND 7/23)
09/29/08: Interview - Approved Class CR6

10/18/08: Received welcome letter; 10/23/08: Received Conditional Permanent Resident Card (PM 10/21)

I-751 (Remove Condition)

07/01/10: Mailed USPS
07/16/10: Received I-797C NOA by mail (RD 7/12)
07/29/10: Biometrics Appt Scheduled for 08/19/10 (ND 7/26)

09/16/10: Condition lifted and Permanent Resident Card Printed

09/25/10: Permanent Resident Card received

N-400 (Citizenship):
03/03/14: Mailed USPS
03/15/14: Received I-797C NOA by mail (PD 3/6, RD 3/06, ND 3/10)
03/17/14: Biometrics Appt Scheduled for 03/27/14 (ND 3/13)

04/03/14: Placed inline for interview scheduling

06/04/14: Interview Notice Received with Interview scheduled for 7/8. (ND 6/4)

07/08/14: Interview + RFE. Response Mailed 7/12. Website updated on 8/21 that response received. 8/25 Placed in queue for oath.

09/05/14: Oath Ceremony Letter Received (ND 9/2)

09/17/14: Oath Ceremony / Naturalized

PD = Priority Date, RD= Receipt Date, ND = Notice Date, PM = Post Marked

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The purpose of the K-1 is so you can come to the U.S. and get married and have an automatic route to adjust status. So if she wanted to come here, marry, and stay, you'd have to get a K-1 so you'd have the paperwork in place to file for the green card. (There's some exceptions, of course: if she were here on a work visa, or met you while here as a student, or married on a whim. Let's just set those aside, since they don't seem to apply to you.)

But if she's here for a visit, you two get married, and she *leaves* the U.S. afterwards, she won't have violated anything at all. The important part is that she follows the Canadian visitor requirements: and that doesn't say "By entering you promise not to marry", it says "By entering as a tourist, you're promising to leave within a set time period." Lots of people here have married and then, after the person's gone home, filed for a spousal visa. Nothing illegal about it at all.

That said.. it's possible that your fiancée could get turned back at the border if they suspect she's intending to immigrate (not MARRY, but STAY), and having an American fiancé is a pretty good reason to immigrate. So your fiancée should have proof of ties to Canada (lease, employment letter, that sort of thing) with her. She should be honest when she clears immigration, but she needn't (and shouldn't) volunteer her plans to marry you.

But route f) is perfectly legal.

AOS

-

Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

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Filed: Citizen (pnd) Country: Canada
Timeline
The purpose of the K-1 is so you can come to the U.S. and get married and have an automatic route to adjust status. So if she wanted to come here, marry, and stay, you'd have to get a K-1 so you'd have the paperwork in place to file for the green card. (There's some exceptions, of course: if she were here on a work visa, or met you while here as a student, or married on a whim. Let's just set those aside, since they don't seem to apply to you.)

But if she's here for a visit, you two get married, and she *leaves* the U.S. afterwards, she won't have violated anything at all. The important part is that she follows the Canadian visitor requirements: and that doesn't say "By entering you promise not to marry", it says "By entering as a tourist, you're promising to leave within a set time period." Lots of people here have married and then, after the person's gone home, filed for a spousal visa. Nothing illegal about it at all.

That said.. it's possible that your fiancée could get turned back at the border if they suspect she's intending to immigrate (not MARRY, but STAY), and having an American fiancé is a pretty good reason to immigrate. So your fiancée should have proof of ties to Canada (lease, employment letter, that sort of thing) with her. She should be honest when she clears immigration, but she needn't (and shouldn't) volunteer her plans to marry you.

But route f) is perfectly legal.

You make a lot of sense. Thank you.

I-130:

05/26/07: Mailed USPS; 05/31/07: Priority Date established
09/13/07: Received NOA1 (PD 5/31, RD 5/31, ND 9/10, PM 9/11)
11/15/07: Case Approved
11/20/07: Received NOA2 by mail (PD 5/31, RD 6/9, ND 11/15, PM 11/19)

I-129F:
06/27/07: Mailed USPS; 07/09/07: Received NOA1 (PD N/A, RD 7/2, ND 7/6, PM 7/6)
11/20/07: Received NOA2 by mail (PD N/A, RD 7/6, ND 11/15, PM 11/19)
12/10/07: NVC Received case (12/24/07: Received Packet 3 in the mail)
01/02/08: Email from consulate. Interview scheduled on 01/23. Interview letter in the mail.
01/23/08: Interview in Vancouver Approved
01/24/08: K-3 Visa granted

I-485/I-765 (AOS/EAD):
02/22/08: Mailed USPS; 03/03/08: Received both I-797C NOAs by mail (RD 2/24, ND 2/29, PM 2/29)
03/19/08: Biometrics
05/07/08: EAD card received
07/28/08: Interview Notice Received. (ND 7/23)
09/29/08: Interview - Approved Class CR6

10/18/08: Received welcome letter; 10/23/08: Received Conditional Permanent Resident Card (PM 10/21)

I-751 (Remove Condition)

07/01/10: Mailed USPS
07/16/10: Received I-797C NOA by mail (RD 7/12)
07/29/10: Biometrics Appt Scheduled for 08/19/10 (ND 7/26)

09/16/10: Condition lifted and Permanent Resident Card Printed

09/25/10: Permanent Resident Card received

N-400 (Citizenship):
03/03/14: Mailed USPS
03/15/14: Received I-797C NOA by mail (PD 3/6, RD 3/06, ND 3/10)
03/17/14: Biometrics Appt Scheduled for 03/27/14 (ND 3/13)

04/03/14: Placed inline for interview scheduling

06/04/14: Interview Notice Received with Interview scheduled for 7/8. (ND 6/4)

07/08/14: Interview + RFE. Response Mailed 7/12. Website updated on 8/21 that response received. 8/25 Placed in queue for oath.

09/05/14: Oath Ceremony Letter Received (ND 9/2)

09/17/14: Oath Ceremony / Naturalized

PD = Priority Date, RD= Receipt Date, ND = Notice Date, PM = Post Marked

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