Canadian citizen

[Yasminn 0]

I am a Canadian citizen so I do not need a visa to enter the USA. My American citizen fiancé and I are planning to get married and adjusting my status. I was wondering if this is possible and if so, should i marry my spouse in Canada then come to the USA and apply for adjustment, or come to the USA, get married in the USA, then apply for the adjustment. I am also wondering if I also need to wait a certain amount of time before the date of marriage to the date of submitting the adjustment. Thanks in advance. 

[designguy 1,179]

What you are talking about is immigration fraud and is ILLEGAL. You may not enter the US with the intention of adjusting status.

 

You must go through the regular visa process either K-1 or CR-1. Being Canadian does not confer any extra privilege when immigrating

[Yasminn 0]

oh i had no idea, thank you. then who typically applies for the adjustment? also, if i apply for the fiance visa instead, can i have have a religious ceremony in canada, then the official marriage in the usa? i ask because i have family in canada who cannot travel to the usa so i want to host some sort of event here as well. i'm not sure if having having a religious ceremony/wedding reception in canada will jeopardize my k1 visa then adjustment of status application. my intention it to get officially married in the usa as my fiances best friend is licensed to ordain it but want to host some celebration in canada before i do that. thanks in advance. 

Edited January 22, 2020 by Yasminn

[Going through 5,671]

9 minutes ago, Yasminn said:

should i marry my spouse in Canada then come to the USA and apply for adjustment,

This is not a legal option.  As mentioned above, you cannot cross the border with intent to adjust status from within the US.

 

10 minutes ago, Yasminn said:

or come to the USA, get married in the USA, then apply for the adjustment.

Same as above (non-legal option).  You can get married in the USA, but must return to Canada and wait out your processing time in Canada.  

 

 

There are three options for you to be together in the same country:

 

File the K1 fiancee visa while you remain in Canada---once the visa is approved you can then enter and marry in the US.   You will not be able to leave the country without AP, nor will you be able to work in the US until authorized (which can take several months).   After marrying within 90 days of entry, you would apply to adjust status (perhaps a year or so for processing) and be a legal permanent resident.

 

or

 

Your fiancee travels to Canada and marries you there.  You remain in Canada and your new spouse files the CR-1 spouse visa.  You are able to visit (pending CBP admittance each time) while you wait for your visa to be processed/approved.   Upon entry into the US you are a legal permanent resident with the immediate authorization to work/travel outside of the US. 

 

or

 

Your fiancee/spouse moves to live in Canada with you.

 

[Going through 5,671]

2 minutes ago, Yasminn said:

oh i had no idea, thank you. then who typically applies for the adjustment?

It's not a matter of applying for adjustment of status...it's the matter of entering the US with the intention of applying for adjustment of status whilst on a tourist visa/B visa.  

 

4 minutes ago, Yasminn said:

can i have have a religious ceremony in canada, then the official marriage in the usa? i ask because i have family in canada who cannot travel to the usa so i want to host some sort of event here as well. i'm not sure if having having a religious ceremony/wedding reception in canada will jeopardize my k1 visa then adjustment of status application.

It can affect a K1 approval, yes.  CO may believe you are "too married" after having any sort of religious ceremony and then your K1 gets denied (where then you have to start from scratch with the CR-1 visa after legally marrying in Canada or elsewhere).  Denial for being considered "too married" happens frequently enough.

 

6 minutes ago, Yasminn said:

my intention it to get officially married in the usa as my fiances visa is licensed to ordain it but want to host some celebration in canada before i do that. thanks in advance. 

My suggestion would be to flip that idea around and do the celebration in Canada later on AFTER legally marrying in the US.

 

Not sure what you mean by your fiancee's "visa"----for a K1, your fiancee must be a US citizen to petition you.

[Duke & Marie 1,389]

24 minutes ago, Going through said:

This is not a legal option.  As mentioned above, you cannot cross the border with intent to adjust status from within the US.

 

Same as above (non-legal option).  You can get married in the USA, but must return to Canada and wait out your processing time in Canada.  

 

Your fiancee travels to Canada and marries you there.  You remain in Canada and your new spouse files the CR-1 spouse visa.  You are able to visit (pending CBP admittance each time) while you wait for your visa to be processed/approved.   Upon entry into the US you are a legal permanent resident with the immediate authorization to work/travel outside of the US. 

 

 

I would like to place emphasis on the words VISIT this does not mean move, live and or stay in the US until it’s processed or approved.. it means visit as in vacation, short stay.. 

Edited January 22, 2020 by Duke & Marie

[Boiler 45,524]

 

55 minutes ago, Yasminn said:

I am a Canadian citizen so I do not need a visa to enter the USA. 

You may not need a visa to visit the US. However you wish to immigrate.

[designguy 1,179]

39 minutes ago, Yasminn said:

oh i had no idea, thank you. then who typically applies for the adjustment? also, if i apply for the fiance visa instead, can i have have a religious ceremony in canada, then the official marriage in the usa? i ask because i have family in canada who cannot travel to the usa so i want to host some sort of event here as well. i'm not sure if having having a religious ceremony/wedding reception in canada will jeopardize my k1 visa then adjustment of status application. my intention it to get officially married in the usa as my fiances best friend is licensed to ordain it but want to host some celebration in canada before i do that. thanks in advance. 

If it’s very important for you to have the wedding in Canada, then the suggested visa is a CR1. 
 

This visa takes a bit longer than the K1 but has many advantages. It’s cheaper, you don’t have to adjust status and you can work from day one after you enter the US. If you do the K1 you are going to be sitting around for 6+ months waiting for work authorization before you can do anything 

[Yasminn 0]

thanks for all your answers.  i am now more clear on what i need to do. on a side note i recently took 2 passport style photos but it is not dated. can i date it myself or do i need to get it dated by the facility that took the photo. the facility is in the usa and i am in canada now with the photos! 

[designguy 1,179]

11 minutes ago, Yasminn said:

thanks for all your answers.  i am now more clear on what i need to do. on a side note i recently took 2 passport style photos but it is not dated. can i date it myself or do i need to get it dated by the facility that took the photo. the facility is in the usa and i am in canada now with the photos! 

You can date yourself. I did at least 

[designguy 1,179]

11 minutes ago, Yasminn said:

thanks for all your answers.  i am now more clear on what i need to do. on a side note i recently took 2 passport style photos but it is not dated. can i date it myself or do i need to get it dated by the facility that took the photo. the facility is in the usa and i am in canada now with the photos! 

You can date yourself. I did at least 

[Lemonslice 4,843]

Religious wedding in Canada are legal weddings. CR1 seems like the best path for your couple and family.  

 

Passports photos for the US immigration (and passports) are much less stringent than in Canada. You can even take your own if you want

[Nat&Amy 623]

21 hours ago, Yasminn said:

oh i had no idea, thank you. then who typically applies for the adjustment?

Adjustment of status is for people who are already IN the US and suffer a change in circumstances that require their visa status to be adjusted (for instance: international student comes to the US to go to university here, meets and marries a USC).

 

People who are outside the US need to obtain a visa to immigrate. For fiancees of USC, a K1. For spouses, a CR1. 

[HRQX 4,145]

22 hours ago, Yasminn said:

if this is possible and if so, should i marry my spouse in Canada then come to the USA and apply for adjustment, or come to the USA, get married in the USA,

You can marry anywhere (US, Canada, etc.). You'll wait for the CR-1 process in Canada.

The interview is in Montreal: https://ca.usembassy.gov/visas/family-immigration/ You can visit (subject to CBP's discretion) while you're waiting:

 

 

P.S. All advice above is assuming you aren't an American Indian born in Canada (with at least 50% American Indian blood): https://www.uscis.gov/greencard/american-indian-born-in-canada

[Orangesapples 1,954]

23 hours ago, Yasminn said:

oh i had no idea, thank you. then who typically applies for the adjustment? also, if i apply for the fiance visa instead, can i have have a religious ceremony in canada, then the official marriage in the usa? i ask because i have family in canada who cannot travel to the usa so i want to host some sort of event here as well. i'm not sure if having having a religious ceremony/wedding reception in canada will jeopardize my k1 visa then adjustment of status application. my intention it to get officially married in the usa as my fiances best friend is licensed to ordain it but want to host some celebration in canada before i do that. thanks in advance. 

I really don't recommend you the K1 visa, you won't be able to work for months on end and it can be really tough. Get married either in the US or Canada and file for CR1, then you can have all the parties and celebrations you want with no restrictions.