Nneeds some reassurance

[sly_wolf 199]

Hi. My fiance and I (Canadian) are finally able to set our marriage date. I have done much reading and posted many questions earlier this year. We have decide to get married and then file a K3. I am hesitating for a few reasons and would appreciate some reassurance on our K3 decision (versus K1).

We have known each other for 4 years and during that time I visit her every weekend since I am within short driving distance.

Will getting married first (January is the month we are thinking about) and then filing the K3 create any unforseen risks (versus K1 approach).

After we get married and I leave the US, will I be legally required to stay in Canada untill the visa is approved? .... can I continue to visit on the weekends as I do now?

All comments appreciated.

Thanks

Steve

[Flames9_RN 358]

if it were I, I would get married asap at the courthouse then go the CR-1 or K3 route!!

Originally we were going to do the k1, but ended up going the cr-1 and K3 route at same time(not sure if u can do that now????)

Yes one can still visit the USA during the visa process. can one be denied entry, yes. bring lots of ties to Canada and ALWAYS tell the truth. Answer the question to the point, dont blab away. i traveled monthly to DC and never had a problem.

We did a courthouse wedding (never told family, only a few select friends) and later on had a big family wedding with a JP. They all thought it was real,lol and they still do,lol

[sly_wolf 199]

We plan to have an informal wedding at the court house in the US, sometime after new years. Did you tell the border agents that you were visiting your wife?

Did you get married in the US as well? I was worried that getting married first would be viewed negatively by immigration. I prefer K3 since I will be required to travel.

Steve

[Eric_and_Corinna 0]

Hi. My fiance and I (Canadian) are finally able to set our marriage date. I have done much reading and posted many questions earlier this year. We have decide to get married and then file a K3. I am hesitating for a few reasons and would appreciate some reassurance on our K3 decision (versus K1).

We have known each other for 4 years and during that time I visit her every weekend since I am within short driving distance.

Will getting married first (January is the month we are thinking about) and then filing the K3 create any unforseen risks (versus K1 approach).

After we get married and I leave the US, will I be legally required to stay in Canada untill the visa is approved? .... can I continue to visit on the weekends as I do now?

All comments appreciated.

Thanks

Steve

Steve

From my experiences, if you get married to an American, and go back to Canada, you will not be allowed back into the country if you tell them that you are residing in the US and not Canada. If you tell them that you are living in Canada and visiting your family in the US, and do not intend to, and this is very important, "permanently reside in the US" you will be allowed to come and go under the passport. If you tell them, as my wife and I did, that we are living together in the US with the intention of someday immigrating, you may be considered "out of status" and not allowed to visit until you have some sort of Visa. You can email me for more details and I might be able to give you a better perspective...

[Flames9_RN 358]

i always told the truth!!! I answered what the POE officer asked me. Simple as that. Normally they asked if I was for business or pleasure. i would say pleasure and returning on such a date. And that was it. I didn't blab away anything extra UNLESS they asked for it, and I gladly told them.

yes I got married in the USA (Arlington VA) then returned home, and EVERY month during the process (6 months back in 2004) I came to the USA. Never had a problem, BUT thats my experience. My wife and I did the long distance relationship for over 2 yrs (her coming to Canada, me to USA) and never had a problem! Best of luck.

[sly_wolf 199]

Its good to hear about your positive experience. Hope ours goes as well as yours did.

I will be waiting for the day the border agent asks me "who are you visiting" and then hold my breath and cross my fingers.

Regards

Steve

[misa 2]

I'm another that got married in the U.S. on a visit, then went back home to Canada. I visited every 3 weeks while the petitions were processing. I always brought a ton of evidence that I was returning to Canada and was only asked about whether we'd filed a visa on the 2nd to last visit.

We didn't want to do the K1 because we wanted to be married first and also I didn't want to get stuck in the U.S. while waiting for AOS.

Edited September 10, 2007 by misa

[Chica Yeyé 41]

Add me to the ones who recommend K3 or CR-1 vs. K-1. For the waiting times and prices, me thinkssss CR1 is the best way to go - it results in an immigrant visa and saves you the hell of Adjustment of Status. The whole process will take say 9 months, give or take. So count from when you get your marriage license and send your papers onward.

Good luck!!!!

[Flames9_RN 358]

When it comes to entering the USA it all depends on the POE officer, some are more stickier than others!! On my way back from Saskatoon this summer a young couple ahead of me at customs were going the K1 route and the cdn entering the USA had no problem, but it all depends on the POE officer. Just be confident, answer honestly, but short and sweet, dont bring lots of luggage or job resumes and of course ties to Canada

Edited September 10, 2007 by flames9

[sly_wolf 199]

I am a bit confused and concerned about the K3 versus K1 process though. Since a K1 is available to all of us, can doing a K3 be interpreted by immigration as an intent to immigrate? How does immigration determine the intent with a K3 process? I am worried about one day dealing with a paranoid immigration officer. How does anyone prove real intent? Lol, maybe I am being paraniod but I dont want to go through any nitemares either.

Steve

[Flames9_RN 358]

k1 isn't avail to everyone. One can't be married to do a k1. k1 has the same intention as a k3 or a Cr-1, everyones goal is to move to the USA. When I went through POE, i never even mentioned that I was going through the visa process! They didn't ask, i didn't blab away.

[Kathryn41 3,205]

I am a bit confused and concerned about the K3 versus K1 process though. Since a K1 is available to all of us, can doing a K3 be interpreted by immigration as an intent to immigrate? How does immigration determine the intent with a K3 process? I am worried about one day dealing with a paranoid immigration officer. How does anyone prove real intent? Lol, maybe I am being paraniod but I dont want to go through any nitemares either.

Steve

I think the big thing to remember is that they are concerned if you have intent to immigrate ' now' and if allowed into the US, will not leave it when you are supposed to. It then becomes your job to reassure them that you do not have the intent to immigrate 'now', even though you do have the intent to immigrate eventually - when all of the proper paper work and visa process is complete. That is the big difference. So, prepare your package of information that shows all of your strong ties to Canada - proof of employment/letter from employer; copy of mortgage or lease; utility bills showing current residential status; Canadian insurance; vet bills for pets still in Canada if you have them, things like this. I also included a copy of my visa paperwork (it was K-1) and when I was pulled into secondary for inspection, they did review the K-1 application and appreciated we were following the proper process. If you are visiting on a regular basis - ie weekends - you will have a lot of short stays. Just make sure you don't pack several weeks worth of clothes and say you are only staying 2 days - that would be a red flag.

As well, since you are a regular, you have already established a record of reliability with the border guards when you cross - they see you come across regularly and they see you go home regularly. You will still be doing this after you are married and have filed the K-3. You are probably saying right now that you are going to visit your girlfriend (I used to say fiance) or fiance; if they ask you after you are married you can say "I am going to visit my wife for the weekend". They may ask other questions such as what paperwork have you filed, where do you plan to live, etc. Just be honest and tell them that you have filed for a K-3 and when that is completed you will be moving to the US, but in the meantime will be visiting on a regular basis. It would be a good idea if she also came to visit you in Canada some times as well. Good luck.

Edited September 10, 2007 by Kathryn41

[sly_wolf 199]

Yes I understand. But at the same time I thought it was illigal to enter the US with an intent to marry. I do assume in most cases there was an intent to marry, also knowing its was for all the right reasons. The immigration officer could look at it as being for all the wrong reasons.

Steve

[sly_wolf 199]

Thanks Kathryn. I did not see your reply before I posted mine.

I was also just concerned that immigration would also ask us why we did not do a K1 instead.

Steve

[Kathryn41 3,205]

No. It is not illegal to enter the US with the intent to marry. It is illegal to enter the US with the intent to marry AND remain in the US, applying to adjust your status to a permanent resident. Many people enter the US with the intent to marry, do so, then return home to file for the appropriate paperwork. There are also a number who enter the US with no intent to marry, meet someone and fall in love - or have an existing relationship proceed to the next level - and get married. Since their intent on entry was not to get married and remain in the US but their circumstances changed, they are allowed to apply for AOS from within the US and without having to leave. They may be questioned about it at their AOS interview, but that isn't a given either. It is the intent to MARRY and REMAIN that is illegal as that is seen as a way of circumventing the proper immigration process. What you are proposing is perfectly legal, and if you are proactive and prepared with all of your proof of your intent NOT to remain in the US at that time, you should be fine.

Edited September 10, 2007 by Kathryn41