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Animika

Is this legal? To marry while on a visit, and file K3 while in US?

By Animika in Canada

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Animika Newbie

Animika   0

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

We were going to go the K1 route, but dear honey has told me he'd marry me tomorrow if the city hall was open to get a marriage licence on weekends, heh. :)

If I print out the K3 forms, and show the border guards (I'm going back over tonight for the weekend and to help my honey snag an apartment!) that I do intend to marry him BUT RETURN to Ontario right after, is that okay?

I'm really paranoid and worried, but obviously hoping to get this over and done with quickly! :)

By and by: We lived here for two years together, so it's not something that is sudden and out of the blue. :)

thetreble Experienced

thetreble   19

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

I don;t know if you can do that. Someone will be more helpful here on the right way to go about it, but I don't think you can just tell a border officer that you will be coming right to Ontario. If they believed you, they'd have to believe every one hehe.

"...My hair's mostly wind,

My eyes filled with grit

My skin's white then brown

My lips chapped and split

I've lain on the prairie and heard grasses sigh

I've stared at the vast open bowl of the sky

I've seen all the castles and faces in clouds

My home is the prairie and for that I am proud…

If You're not from the Prairie, you can't know my soul

You don't know our blizzards; you've not fought our cold

You can't know my mind, nor ever my heart

Unless deep within you there's somehow a part…

A part of these things that I've said that I know,

The wind, sky and earth, the storms and the snow.

Best say that you have - and then we'll be one,

For we will have shared that same blazing sun." - David Bouchard

Flames9_RN Grand Master

Flames9_RN   358

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

I would not offer up any info to the POE officers unless asked to! Be honest, but dont blab away, but thats me!! ( it traveled monthly to DC while going through the cr-1 process)

Yes what you are planning to do is perfectly fine. That's exactly what we did. While down on a visit, we got married by a JP, then returned to Cnada and commenced the cr-1 process. many others have done this as well. Did I tel the POE officer that was my plan, no, did he ask? no,lol When traveling to the USA I always brought ties to Canada (letter from employer, lease,etc) And I traveled light. You may want to consider the cr-1 process as well. Best of luck

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

Jasman0717 Grand Master

Jasman0717   9

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

If you are planning on staying I think you can file AOS but am not sure. I am sure someone else here has done this so can give you the correct information. Good luck :thumbs:

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

misa Experienced

misa   2

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

You can visit and marry and then go back to Ontario after your visit and wait out the process (you can visit during the process too). That's what I did as well as many others. I would not tell them you're going to visit and marry though...

K3 Timeline - 2006-11-20 to 2007-03-19

See the comments section in my timeline for full details of my K3 dates, transfers and touches. Also see my Vancouver consulate review and my POE review.

AOS & EAD Timeline

2007-04-16: I-485 and I-765 sent to Chicago (My AOS/EAD checklist)

2007-04-17: Received at Chicago

2007-04-23: NOA1 date (both)

2007-05-10: Biometrics appointment (both - Biometrics review)

2007-06-05: AOS interview letter date

2007-06-13: AOS interview letter received in mail

2007-07-03: EAD card production ordered

2007-07-07: EAD card received! (yay!)

2007-08-23: AOS interview (Documents / Interview review)

2007-08-23: Green card production ordered!!!

2007-08-24: Welcome notice mailed!

2007-08-27: Green card production ordered again... ?

2007-08-28: Welcome notice received!

2007-09-01: Green card received!

Done with USCIS until May 23, 2009!

thetreble Experienced

thetreble   19

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

There you go. As Flames and others said, just don't divulge more than they ask. Don't go to the POE and say, "Im getting married but don't worry, I'm going to come back next week!!" haha. Just get married then come back and start the K-3 Process.

"...My hair's mostly wind,

My eyes filled with grit

My skin's white then brown

My lips chapped and split

I've lain on the prairie and heard grasses sigh

I've stared at the vast open bowl of the sky

I've seen all the castles and faces in clouds

My home is the prairie and for that I am proud…

If You're not from the Prairie, you can't know my soul

You don't know our blizzards; you've not fought our cold

You can't know my mind, nor ever my heart

Unless deep within you there's somehow a part…

A part of these things that I've said that I know,

The wind, sky and earth, the storms and the snow.

Best say that you have - and then we'll be one,

For we will have shared that same blazing sun." - David Bouchard

Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted
If you are planning on staying I think you can file AOS but am not sure. I am sure someone else here has done this so can give you the correct information. Good luck :thumbs:

No they cant file for AOS.....

If you cross the border or POE with the intent of getting married and remaining in the US you can not file for AOS that would be visa fraud...

Yes you can enter the US and get married and then return to your home country and file for a K3/CR1.... The only way you can do AOS without first getting a K1 is if you entered the US with no intent to marry and remain, but on the spur of the moment you get married... then you can file for AOS and remain while it is being processed...

Kez

misa Experienced

misa   2

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
If you are planning on staying I think you can file AOS but am not sure. I am sure someone else here has done this so can give you the correct information. Good luck :thumbs:

No they cant file for AOS.....

If you cross the border or POE with the intent of getting married and remaining in the US you can not file for AOS that would be visa fraud...

Yes you can enter the US and get married and then return to your home country and file for a K3/CR1.... The only way you can do AOS without first getting a K1 is if you entered the US with no intent to marry and remain, but on the spur of the moment you get married... then you can file for AOS and remain while it is being processed...

Kez

:thumbs:

K3 Timeline - 2006-11-20 to 2007-03-19

See the comments section in my timeline for full details of my K3 dates, transfers and touches. Also see my Vancouver consulate review and my POE review.

AOS & EAD Timeline

2007-04-16: I-485 and I-765 sent to Chicago (My AOS/EAD checklist)

2007-04-17: Received at Chicago

2007-04-23: NOA1 date (both)

2007-05-10: Biometrics appointment (both - Biometrics review)

2007-06-05: AOS interview letter date

2007-06-13: AOS interview letter received in mail

2007-07-03: EAD card production ordered

2007-07-07: EAD card received! (yay!)

2007-08-23: AOS interview (Documents / Interview review)

2007-08-23: Green card production ordered!!!

2007-08-24: Welcome notice mailed!

2007-08-27: Green card production ordered again... ?

2007-08-28: Welcome notice received!

2007-09-01: Green card received!

Done with USCIS until May 23, 2009!

misa Experienced

misa   2

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Also, I'm not sure if you want to bring the filled out K3 forms... if you get pulled into secondary and they search you, they may think that you are intending to stay even though a K3 is for when the beneficiary resides. It might just cause more problems than help.

K3 Timeline - 2006-11-20 to 2007-03-19

See the comments section in my timeline for full details of my K3 dates, transfers and touches. Also see my Vancouver consulate review and my POE review.

AOS & EAD Timeline

2007-04-16: I-485 and I-765 sent to Chicago (My AOS/EAD checklist)

2007-04-17: Received at Chicago

2007-04-23: NOA1 date (both)

2007-05-10: Biometrics appointment (both - Biometrics review)

2007-06-05: AOS interview letter date

2007-06-13: AOS interview letter received in mail

2007-07-03: EAD card production ordered

2007-07-07: EAD card received! (yay!)

2007-08-23: AOS interview (Documents / Interview review)

2007-08-23: Green card production ordered!!!

2007-08-24: Welcome notice mailed!

2007-08-27: Green card production ordered again... ?

2007-08-28: Welcome notice received!

2007-09-01: Green card received!

Done with USCIS until May 23, 2009!

thetreble Experienced

thetreble   19

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Yeah that's a good idea. Why don't you just wait until you get home to ontario to print out those k-3 forms.

"...My hair's mostly wind,

My eyes filled with grit

My skin's white then brown

My lips chapped and split

I've lain on the prairie and heard grasses sigh

I've stared at the vast open bowl of the sky

I've seen all the castles and faces in clouds

My home is the prairie and for that I am proud…

If You're not from the Prairie, you can't know my soul

You don't know our blizzards; you've not fought our cold

You can't know my mind, nor ever my heart

Unless deep within you there's somehow a part…

A part of these things that I've said that I know,

The wind, sky and earth, the storms and the snow.

Best say that you have - and then we'll be one,

For we will have shared that same blazing sun." - David Bouchard

misa Experienced

misa   2

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Or print them out at her fiance's house. :)

K3 Timeline - 2006-11-20 to 2007-03-19

See the comments section in my timeline for full details of my K3 dates, transfers and touches. Also see my Vancouver consulate review and my POE review.

AOS & EAD Timeline

2007-04-16: I-485 and I-765 sent to Chicago (My AOS/EAD checklist)

2007-04-17: Received at Chicago

2007-04-23: NOA1 date (both)

2007-05-10: Biometrics appointment (both - Biometrics review)

2007-06-05: AOS interview letter date

2007-06-13: AOS interview letter received in mail

2007-07-03: EAD card production ordered

2007-07-07: EAD card received! (yay!)

2007-08-23: AOS interview (Documents / Interview review)

2007-08-23: Green card production ordered!!!

2007-08-24: Welcome notice mailed!

2007-08-27: Green card production ordered again... ?

2007-08-28: Welcome notice received!

2007-09-01: Green card received!

Done with USCIS until May 23, 2009!

LadyJane Community Regular

LadyJane   1

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

You have received lots of sound advice here! Don't tell the POE too much: be honest but don't blab away. It's OK to come down here for a visit to get married, as long as you intend on returning to Canada. (That's how we did it)

Be prepared to show financial ties to Canada though-lease/mortgage, utility bills, employment letter, ad infinitum.

Congratulations on your upcoming nuptuals!

:)

CR1 application

I-130: 03/26/2007-07/02/2007 at NSC

NVC: 07/20/2007-11/08/2007

Interview at Montreal Consulate: 01/18/2008

(2 months' additional security checks)

Received Green Card: 05/12/2008

Removal of Conditions

I-751: 2/25/10-

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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