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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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Chica Yeyé Grand Master

Chica Yeyé   41

Posted
Filed: Timeline
Posted

Get hitched baby, and then file directly for the CR-1 from Canada. Why???? Because it's cheaper than the K-3 and it grants you an immigrant visa. Being as is that MTL is insane with time lines, the waiting time should be about the same, and it saves you the AOS process. But that's just my Friday morning opinion ;)

Peace, L.

Animika Newbie

Animika   0

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

So wait, I CAN file while over there?? Or are you saying I can stay (as in during my 6 month long 'visit') while I wait? Kind of confused!

Caladan Experienced

Caladan   19

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

It's perfectly legal to get married and return to Canada and file the K-3. Having someone in the U.S. to marry, however, gives you a very strong tie to the U.S., which might make the immigration people at the border think that you're intending to stay. So just tell the truth -- you're here for a visit and you're returning on such-and-such a date.

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

Animika Newbie

Animika   0

Posted
Filed: K-1 Visa Country: Canada
 Timeline
  • Author
Posted
Get hitched baby, and then file directly for the CR-1 from Canada. Why???? Because it's cheaper than the K-3 and it grants you an immigrant visa. Being as is that MTL is insane with time lines, the waiting time should be about the same, and it saves you the AOS process. But that's just my Friday morning opinion ;)

Peace, L.

Ohhh. I'm learning so much here. :) While doing that, I can still visit though, right? I'm not forced to stay in Canada, I hope!

Caladan Experienced

Caladan   19

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

If you come in with the intent to marry and adjust status (not going back to Canada), you need to get a fiancee visa. Because otherwise you're misusing the ability to travel between the U.S. and Canada freely.

If you come in with the intent to marry, file the K-3, but decide to hang out for a few months before going back for the interview, you're not misusing the visa because you DID go back to Canada. Just be sure you don't overstay. Then you'll get your K-3, and move back here, and use that to adjust status.

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

Chica Yeyé Grand Master

Chica Yeyé   41

Posted
Filed: Timeline
Posted
Ohhh. I'm learning so much here. :) While doing that, I can still visit though, right? I'm not forced to stay in Canada, I hope!

Visiting while processing seems to be a common thing. As long as you can always prove ties to Canada AND the POE officer is getting enough sex at home (I mean, he/she is happy ;) ) They can either allow you or deny you entry on a visit to visit basis.

I renew my suggestion to file back in Canada for a CR-1.

Cheerio's, L. :goofy:

thetreble Experienced

thetreble   19

Posted
Filed: Citizen (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

So wait, I CAN file while over there?? Or are you saying I can stay (as in during my 6 month long 'visit') while I wait? Kind of confused!

What she meant is, if you entered the US to visit and then decided to get married while you were there, without having previous knowledge of it first (although the line in that situation is very blurred) you can get married, stay in the us, and apply for AOS while staying with your husband/wife. This is what I did and so far, no problems. (There are other people on VJ that did this as well)

However, if you go to the US with the intention to get married, get married, then stay and apply for AOS, you "might" have a problem. It's hard to say really.

But getting the CR-1 is a pretty good idea.

"...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

 
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