To marry or not to marry..that is my question!

[SweetDefiance 0]

Ok, I feel like I’m between a rock and a hard place! My fiancé has been staying with me for almost a month now and plans on staying with me until around august after my baby is born (no unfortunately the baby is not his). We were looking into the K-1 fiance visa but I know if we do that he’ll have to go home for god knows how long and that’s really freaking me out. We were thinking of just getting married since he’s already down here but I’m wondering if that’s ok to do?? We were told it could look bad that he came down to visit with no visa status or visitor thing or anything he just came through with his passport. If that’s to risky I’ll suck it up and do the fiancé one, but I guess even if we were to get married now would he still have to go back to Canada for a long time or could we process everything from here??

Anyone who could give me advice on this would be awesome!! Thank you so much!

[raymaga 25]

If your fiance entered the U.S. without intentions of marrying, and you both just decided to marry after he got here, then he can apply to adjust his status here in the U.S.

A few members here on VJ have done the same thing, so hopefully one of them will see your post and give you some more details.

You can check out "Kezzie" for her timeline..... the circumstances for her were the same as you are describing.

Good luck.

[Fischkoepfin 1]

Ok, so let me get this straight:

You are a US-citizen and your fiance is from Canada. He is currently visiting you but he does not have a visa. He went through passport control when entering though which means he must have some sort of stamp or some sort of paperwork that allowed him to enter and stay for a certain amount of time. He plans on staying for another 5 months on whatever program allowed him to enter in the first place.

I know there's some special visa for Canadians, so the question is if your husband entered on that visa? The other question would be for how long is he allowed to stay under that visa? And finally if he can stay and adjust status on that visa should you get married?

I would be careful about him staying until August without any visa because he could be illegal during that time which would probably be worse than trying to adjust status after marrying now. You might want to consult with a lawyer on how to proceed, just to be on the safe side.

[raymaga 25]

Ok, so let me get this straight:

You are a US-citizen and your fiance is from Canada. He is currently visiting you but he does not have a visa. He went through passport control when entering though which means he must have some sort of stamp or some sort of paperwork that allowed him to enter and stay for a certain amount of time. He plans on staying for another 5 months on whatever program allowed him to enter in the first place.

I know there's some special visa for Canadians, so the question is if your husband entered on that visa? The other question would be for how long is he allowed to stay under that visa? And finally if he can stay and adjust status on that visa should you get married?

I would be careful about him staying until August without any visa because he could be illegal during that time which would probably be worse than trying to adjust status after marrying now. You might want to consult with a lawyer on how to proceed, just to be on the safe side.

Canadians do not require any kind of visa to enter the U.S. and may stay up to 6 months (I'm pretty sure... someone correct me if I'm wrong). All that is required for Canadians to enter the U.S. is either a passport or birth certificate and driver's licence for identification.

Edited April 3, 2006 by raymaga

[SweetDefiance 0]

Ok, so let me get this straight:

You are a US-citizen and your fiance is from Canada. He is currently visiting you but he does not have a visa. He went through passport control when entering though which means he must have some sort of stamp or some sort of paperwork that allowed him to enter and stay for a certain amount of time. He plans on staying for another 5 months on whatever program allowed him to enter in the first place.

I know there's some special visa for Canadians, so the question is if your husband entered on that visa? The other question would be for how long is he allowed to stay under that visa? And finally if he can stay and adjust status on that visa should you get married?

I would be careful about him staying until August without any visa because he could be illegal during that time which would probably be worse than trying to adjust status after marrying now. You might want to consult with a lawyer on how to proceed, just to be on the safe side.

Hes not my husband yet...just my fiance. He came through the border with his passport, they didn't give him a stamp or anything just basically waved him through. He'll be leaving the country after being here 5 months IF we can't find a way for him to be able to stay. I asked if he's illegal cus we don't want to risk him getting in trouble and everyone said as long as he leaves before 6 months its ok.

[Kez/JWolf 6]

He does not have to leave they can file for AOS and he will not be out of status once AOS is filed.... evan if it is after the 6 months allowed for Canadian citizens....

Kezzie

[motu 6]

He can file for AOS after you get married. Just be sure to prove that getting married and staying here was not the intent when entering US. I think your case is somewhat normal and you should be OK. Good Luck

[ChristinaM 0]

Provided that your fiance is otherwise eligible for a visa to immigrate to the US (ie. isn't a mass-murderer, terrorist, in the later stages of HIV/AIDs, etc.) and had no intent to immigrate on entry to the US, then yes you can marry and adjust his status inside the US.

HOWEVER! If he turned up with everything he owned at the POE, it may be difficult to prove that he had no immigrant intent. I don't know how it stands for Canadians as they get implied B2 status I believe, but adjusting from the VWP means one has no recourse for appeal should the AOS be denied. You should check whether or not that is the case for Canadians.

It is generally the safer option to return to ones home country and file either K1 or K3 as there are many fewer questions which can be asked, however there are several of us on the boards here who have adjusted successfully from visitor status. It's up to you and your own personal risk tolerance which route you choose to pursue.

Good luck, whatever you decide!

[Saddle Bronc 124]

Ok, so let me get this straight:

You are a US-citizen and your fiance is from Canada. He is currently visiting you but he does not have a visa. He went through passport control when entering though which means he must have some sort of stamp or some sort of paperwork that allowed him to enter and stay for a certain amount of time. He plans on staying for another 5 months on whatever program allowed him to enter in the first place.

I know there's some special visa for Canadians, so the question is if your husband entered on that visa? The other question would be for how long is he allowed to stay under that visa? And finally if he can stay and adjust status on that visa should you get married?

I would be careful about him staying until August without any visa because he could be illegal during that time which would probably be worse than trying to adjust status after marrying now. You might want to consult with a lawyer on how to proceed, just to be on the safe side.

Canadians do not require any kind of visa to enter the U.S. and may stay up to 6 months (I'm pretty sure... someone correct me if I'm wrong). All that is required for Canadians to enter the U.S. is either a passport or birth certificate and driver's licence for identification.

In theory, the 6 months is correct (don't try actually booking an airticket with 6 month validity though, as most USCIS officious will take that as "red flag"). You forgot another acceptable (admittedly, not all born in Canada have these, but naturalised always do) ID: Citizenship Card (I have used that on trips prior to 1999).

[SweetDefiance 0]

I'm a chicken I hate risks which is why i'm curious which route is best to go. Have alot of people been denied by doing it this way??

[SweetDefiance 0]

I'm a chicken I hate risks which is why i'm curious which route is best to go. Have alot of people been denied by doing it this way??

I guess, what are the odds they can say no? What happens if they think that we are lying or something? He came over the border with a suitcase, all his stuff is at his dads. I don't think we've done anything that can look sneaky, we'll tell them we got engaged while he was visiting. Is that pretty safe??

[happyimmigrant 0]

I'm a chicken I hate risks which is why i'm curious which route is best to go. Have alot of people been denied by doing it this way??

I guess, what are the odds they can say no? What happens if they think that we are lying or something? He came over the border with a suitcase, all his stuff is at his dads. I don't think we've done anything that can look sneaky, we'll tell them we got engaged while he was visiting. Is that pretty safe??

If they think you are lying, and you can't prove otherwise, they can charge him with fraud and bar him from entry for several years. Remember, the assumption is that when he entered the US, he did so with the intent of immigrating. The BURDEN OF PROOF is on you to prove otherwise. If they are not satisfied with your proof, they can and will deny his application.

If you don't like risk, the safer route to go is to file the I-129F for the K-1 RIGHT NOW. He can remain in the US during this process, as long as he doesn't exceed six months since his initial entry. When he has to go for the interview, he can go back to Canada, do the interview, get his visa (and the rest of his belongings), and return to the US.

[Kez/JWolf 6]

in the year that I have been reading this board and from talking to people who have done AOS from VWP/Tourist/Canadian entry I have never known anyone be asked about their intention on entry let alone be denied...

You only give up your right to appeal is you enter on a VWP not on a Tourist/canadian entry....

Kezzie

[pax 0]

in the year that I have been reading this board and from talking to people who have done AOS from VWP/Tourist/Canadian entry I have never known anyone be asked about their intention on entry let alone be denied...

You only give up your right to appeal is you enter on a VWP not on a Tourist/canadian entry....

Kezzie

You must not have read JayJay's story, then.

It can, and does, happen that people are asked.

[Kez/JWolf 6]

Yes I read JayJay's interview and yes she was asked about why she came to US but other than her answer she did not have to show any proof or supply evidence and she was not denied...

I was asked if I came on vaction but at know time was I asked about my intentions at time of entry or was I asked to prove it......

Kezzie