Shot-Gun Weddings

[gflova 0]

what happens if i am simply DATING my bf who lives in the US and i go there and we have a SHOT-GUN wedding and not tell anyone (ie) no plans, etc...?? can i stay there? or do i have to come back to Canada within a specified time frame?

also, in that case, which visa would we apply for? K-3?

basically, i want to know what is the best way to go about getting married so that we DON'T have to be apart?

thanks.

G.

ps: we were thinking K-1 option, but someone suggested a shot-gun wedding b/c then we don't have tobe apart - just want advice.

Edited September 1, 2007 by gflova

[Sprailenes 47]

I think you mean "elope" not shot gun wedding. A shot gun wedding is usually when the girl gets pregnant and they get married because they feel they have to and not because they really want to.

I believe its a K-3 visa and that takes up to a year to get. I wouldn't go that route, stick with the K-1...its easier.

[Jamie76 0]

You could not stay. You would have to apply for a K3 which generally takes longer than the K1 visa

[bszoom42 0]

This USCIS fact sheet will help you out.

I Am a U.S. Citizen...

How Do I...Help My Fiancé(e)

Become a Permanent Resident

of the United States?

http://www.uscis.gov/files/article/A2.pdf

Pay attention to the following section:

What if my fiancé(e) is already in the U.S. in another

status and we decide to get married now?

A fiancé(e) visa is only available to a person who is outside the U.S.,

or will be leaving the U.S. and then returning as a fiancé(e).

If your fiancé(e) is in the U.S. and entered using a visa other than

a fiancé(e) visa, and you marry, then you may file an I-130 relative

petition for him or her as your husband or wife. He/she may be able

to file Form I-485, Application to Register Permanent Residence or

to Adjust Status, along with your petition. For more information

about the I-130 relative petition, please see Fact Sheet A1.

If your fiancé(e) is in the U.S. and entered unlawfully, while you can get

married and file the I-130 for him or her, in most cases he/she will not be

able to adjust his/her status to that of a permanent resident while in the

U.S. In this situation, he/she will have to pursue an immigrant visa at a U.S.

Consulate/Embassy overseas.

And here is the link to Fact Sheet A1

http://www.uscis.gov/files/article/A1.pdf

Best of Luck!

[bszoom42 0]

And I should add, that entering the U.S. using a tourist visa or visa waiver program with the intention of marrying and staying in the U.S. may be construed as "unlawful entry". You might want to consult a qualified immigration attorney to get a professional opinion.

[antda 13]

Hi Gflova,

Good luck on your immigration journey. From personal experience, arriving in the USA on a visitor's visa from Canada, getting married (eloped, actually), and then applying for an AOS is legal to do (see my detailed timeline for more information). This is provided if you DID NOT come into the USA with the intention of immigration fraud by getting married here in the USA. The AOS this way worked for me (as I got my AOS approved/Green Card), but I can't say that it will work for everyone else, as every situation is different. My best advice to your and to anyone else who want to go through this route: Get your story straight, your paperwork organized and hire a good immigration lawyer.

Hope this helps. If not, then I hope it offers an insight as to another " non-traditional immigration alternative"...

Ant

P.S. I think you meant "elopement" instead of a "shot-gun" wedding.

what happens if i am simply DATING my bf who lives in the US and i go there and we have a SHOT-GUN wedding and not tell anyone (ie) no plans, etc...?? can i stay there? or do i have to come back to Canada within a specified time frame?

also, in that case, which visa would we apply for? K-3?

basically, i want to know what is the best way to go about getting married so that we DON'T have to be apart?

thanks.

G.

ps: we were thinking K-1 option, but someone suggested a shot-gun wedding b/c then we don't have tobe apart - just want advice.

Edited September 1, 2007 by AntandD

[gflova 0]

I think you mean "elope" not shot gun wedding. A shot gun wedding is usually when the girl gets pregnant and they get married because they feel they have to and not because they really want to.

I believe its a K-3 visa and that takes up to a year to get. I wouldn't go that route, stick with the K-1...its easier.

oops! my bad - i apologize! yes, "elope"! honestly, i didn't know that 'shot gun' meant what u said above. i just assumed 'shot gun' meant "elope".

thanks!

This USCIS fact sheet will help you out.

I Am a U.S. Citizen...

How Do I...Help My Fiancé(e)

Become a Permanent Resident

of the United States?

http://www.uscis.gov/files/article/A2.pdf

Pay attention to the following section:

What if my fiancé(e) is already in the U.S. in another

status and we decide to get married now?

A fiancé(e) visa is only available to a person who is outside the U.S.,

or will be leaving the U.S. and then returning as a fiancé(e).

If your fiancé(e) is in the U.S. and entered using a visa other than

a fiancé(e) visa, and you marry, then you may file an I-130 relative

petition for him or her as your husband or wife. He/she may be able

to file Form I-485, Application to Register Permanent Residence or

to Adjust Status, along with your petition. For more information

about the I-130 relative petition, please see Fact Sheet A1.

If your fiancé(e) is in the U.S. and entered unlawfully, while you can get

married and file the I-130 for him or her, in most cases he/she will not be

able to adjust his/her status to that of a permanent resident while in the

U.S. In this situation, he/she will have to pursue an immigrant visa at a U.S.

Consulate/Embassy overseas.

And here is the link to Fact Sheet A1

http://www.uscis.gov/files/article/A1.pdf

Best of Luck!

thanks!

And I should add, that entering the U.S. using a tourist visa or visa waiver program with the intention of marrying and staying in the U.S. may be construed as "unlawful entry". You might want to consult a qualified immigration attorney to get a professional opinion.

what if i don't have intent on marrying? what if i am simply visiting my bf, and we decide "lets get married?"

[bszoom42 0]

what if i don't have intent on marrying? what if i am simply visiting my bf, and we decide "lets get married?"

I would think if you have no intent of marying upon entry, and you do intend to return as per your visa requirements, you should be fine.

However, I am not qualified to make such an opinion, so you should consult a qualified immigration attorney.

My concern would be "thinking about the possible marriage and researching immigration process" while you are not in the U.S. could possibly show you had intent to marry before entering...

[gflova 0]

what if i don't have intent on marrying? what if i am simply visiting my bf, and we decide "lets get married?"

I would think if you have no intent of marying upon entry, and you do intend to return as per your visa requirements, you should be fine.

However, I am not qualified to make such an opinion, so you should consult a qualified immigration attorney.

My concern would be "thinking about the possible marriage and researching immigration process" while you are not in the U.S. could possibly show you had intent to marry before entering...

yes, i agree...not worth taking that chance. and from what it sounds like, K-1 is quicker anyway. we've been apart in long stretches, so one more time would be worth the many years we'd be together!!

thanks again!

[bszoom42 0]

K-1 would not be quicker then I-130+AOS for someone already in the country. Most lawyers will do an initial consultation for free or a nominal fee.

[Carlawarla 1]

Your profile indicates you've applied for a K-1 already? Perhaps you're tired of waiting. If you go to visit, and decide to get married, you'd have to cancel the pending K-1 application, return to Canada, and start all over for a K-3. Not worth the expense, aggravation or indeed the further time apart in my opinion.

You can go down during a visit and decide to get married, but again, you can't stay and adjust status. You may think it's "impromptu", but you've already posted on this board that you are wanting advise or information about doing this, and that's illegal...to go down to visit and stay, when you've said this is a way that maybe you can be together sooner. So in fact, it's not too impromptu!

I'd wait, stick it out, visit when you can, and soon you'll be there!

Carla

[sunandmoon 450]

don't think they've filed yet. at this point, they are considering their options.

[gflova 0]

Your profile indicates you've applied for a K-1 already? Perhaps you're tired of waiting. If you go to visit, and decide to get married, you'd have to cancel the pending K-1 application, return to Canada, and start all over for a K-3. Not worth the expense, aggravation or indeed the further time apart in my opinion.

You can go down during a visit and decide to get married, but again, you can't stay and adjust status. You may think it's "impromptu", but you've already posted on this board that you are wanting advise or information about doing this, and that's illegal...to go down to visit and stay, when you've said this is a way that maybe you can be together sooner. So in fact, it's not too impromptu!

I'd wait, stick it out, visit when you can, and soon you'll be there!

Carla

nope, haven't filed yet...just getting as much info as i can.

[thetreble 19]

I was visiting my bf in the US when he popped the question and we decided to get married. I filed for AOS on the advice of my lawyer and have had no problems so far. You never know what is going to happen but all I am saying is that when i entered I didn't have the intention of marrying, just visiting. It can be hard for USCIS to distinguish either way.

[Stardust72 0]

What I always wonder about when I read stories like this is how can you just decide to stay in the US? I mean, if my boyfriend proposed to me the next time I'm there (and I have no indication that he will ) , I'd still have my job and apartment and lots of other stuff here in Holland to take care of. But without AP I wouldn't be able to leave the country. I'd get in all sorts of trouble if my rent didn't get paid and I just didn't show up at my job. So I'm just wondering how people do this.