Getting Married in Canada, then applying for CR1

[Thanksforshopin 0]

Hi all, this is my first time here but I am a US citizen engaged to a South Korean. She had been visiting me here in the US on the Vista Waiver, but we have not married yet. We had been looking at our options for getting married. We thought about K1, but we didn’t like the long period of limbo associated with the adjust of status (she wants freedom to travel back and forth between the US and South Korea). We also do not want to lie to the officer at the port of entry and get married on her ESTA visa. So we decided on perhaps getting married in Canada and then using the marriage certificate to apply for CR-1 here in the States. To clarify, we are both non-Canadian residents.

 

So my question is, will the marriage haven taken place in Canada affect our chances on receiving the CR1 visa?

 

thank you all.

Edited February 19, 2020 by Thanksforshopin

[SorrowL 138]

You can get married on an ESTA. It’s absolutely no problem, however your spouse must leave at the designated time. Your spouse would have to convince the CBP Officer that they are traveling back after marriage and no intent to immigrate at that time. 
 

good things to bring are housing evidence, family ties, employer notification that they’re on vacation and will continue work upon return to South Korea. 
 

the place of marriage is irrelevant as long as it is legal in the country it occurred in, and is officially recognized as a marriage. It won’t effect any processing. Expect a processing time of 12+ months depending on processing center.

 

Do note that lying to CBP is a crime. So never do that. 

Edited February 19, 2020 by SorrowL

[Dashinka 24,924]

I agree, you can get married anywhere even in the US on a visitor visa or VWP.  Many couples do this today and then return and follow the CR1 route.

 

Good Luck!

[NikLR 13,232]

To answer your question, no, a third country marriage certificate like one from a province in Canada or anywhere in Mexico has no negative effect on the process.  Married is married.  The wait for a marriage certificate may be long though depending on the province you choose. 

[Just Paul 4,595]

4 hours ago, Thanksforshopin said:

Hi all, this is my first time here but I am a US citizen engaged to a South Korean. She had been visiting me here in the US on the Vista Waiver, but we have not married yet. We had been looking at our options for getting married. We thought about K1, but we didn’t like the long period of limbo associated with the adjust of status (she wants freedom to travel back and forth between the US and South Korea). We also do not want to lie to the officer at the port of entry and get married on her ESTA visa. So we decided on perhaps getting married in Canada and then using the marriage certificate to apply for CR-1 here in the States. To clarify, we are both non-Canadian residents.

 

So my question is, will the marriage haven taken place in Canada affect our chances on receiving the CR1 visa?

 

thank you all.

No issues ~ Marry where ever you want.   We met in the Philippines,  married in Hong Kong and lived in Mexico before filing.   Just get extra copies of your marriage certificate. 

[Lois K 121]

I have a slightly similar story, but no third country involved. I'm the USC and my hubby is Canadian. I went to Canada to get married (fully planned in advance, with guests). I even told the Canadian border patrol that this was part of the reason for my visit. After, I returned to the US and he stayed in Canada. We applied for the CR-1 and while we wait we have both made multiple visits to each other's countries. So far, so good!.

Good luck to you!

Edited February 19, 2020 by Lois K
text clarification