Getting married in Canada

[AdamNewfoundland 0]

Hello!

Just re-posting this from the K-3 forum where I put it originally. Maybe you fine folks have some input on the subject?

-Adam

++++++

Hello!

I'm a Canadian currently working in the US on a TN-1 status. My fiancée is an American citizen.

We're getting married on August 21 in Newfoundland (Canada). My current TN status expires on August 27, and I'm uncertain if my employer will be able to offer me a new TN letter, since business has been so bad this past year.

We're returning to the US on August 22 for a second ceremony/reception in her home town on August 28.

Should I apply for a K-3 visa while in Newfoundland? Or re-enter on my current TN, and then simply overstay? Or enter as her legal spouse on a visitor's visa? Am I able to apply for a K-3 from within the US? I am not interested in applying for immigrant status or a green card, as we will only be in the US for a couple of years before emigrating to Canada. The K-3 visa with a work permit seems ideal for our needs, but I'm not sure how my current NAFTA status complicates things.

Any hints or advice?

Thanks in advance!

Adam

Edited February 9, 2010 by AdamNewfoundland

[sdw 10]

overstaying isn't a good option, you will probably end up getting a ban when you leave. Which would stop you from being able to cross the border for anywhere from 3 years to life.

No one on these boards will tell you to just stay.

Edited February 9, 2010 by sdw

[trailmix 77]

Hi,

First of all I think you are confusing a few things about the different visas. The K3 is basically obsolete - but it wouldn't serve your purpose anyway - it does not come with a green card or work authorization, it is a non-immigrant visa and you have to apply to remove conditions - anyway - it is not the visa you need.

Secondly, you shouldn't be entering the U.S. with immigrant intent, if you don't have the correct visa. If you show up at the U.S. border on August 22nd and tell them you are returning to live in the U.S. with your wife - you will probably be denied entry.

What you probably should do is get married right now and adjust status from within the U.S. If you get cracking and do it now your paperwork for advance parole (permission to leave the U.S. while your adjustment of status is being processed) should be in place, if your AOS is not completed yet, by the date you are planning your wedding. You may just have to change that plan to make the Canadian ceremony just that - a non-legal ceremony as you will already be married.

Start by reading the guides (link at the top of this page), in particular this one: Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US

Good luck!

Edited February 9, 2010 by trailmix

[AdamNewfoundland 0]

Thanks!

Is it not a problem that I'd be applying while on TN status, which is non-immigrant? Or that I'd be doing it from within the US? Will I need to leave the country while the application is being processed?

(That's what I'm seeing: "If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US." Except I have a work visa, not a tourist visa.)

That would definitely interfere with my work, since I'm here legally on a TN status. I don't see any allowances for that though. Is my TN status not separate from my spousal visa application?

Thanks so much for the advice!

Adam

[Galateia 1]

Thanks!

Is it not a problem that I'd be applying while on TN status, which is non-immigrant? Or that I'd be doing it from within the US? Will I need to leave the country while the application is being processed?

(That's what I'm seeing: "If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US." Except I have a work visa, not a tourist visa.)

That would definitely interfere with my work, since I'm here legally on a TN status. I don't see any allowances for that though. Is my TN status not separate from my spousal visa application?

Thanks so much for the advice!

Adam

The k visas, for example the k-1, are to provide you with legal means to enter the US with the *intent* to get married and stay.

Since you are *already* in the US and entered it totally innocent of the intent to marry and stay, you are in the clear to get married NOW and start the AOS process. Then once you have your AP (Advanced Parole- aka permission to leave/re-enter the US while your Adjustment of Status to permanent resident is still pending) you can skip off to Canada for your ceremonies.

I would imagine you'd run into a cluster*bleep* of problems if you leave, get married, and then are still wanted by your employer, creating a conflict between your marriage immigration and TN visa. Once you marry, you CANNOT re-enter the US until you have completed whatever marriage immigration route you're going (k-3, cr-1, whatever) even if you are going back to your totally legal TN job, because now you are entering with the *intent* to stay.

This means the border crossing is probably going to toss your newly married hiney out when you try to re-enter, with possible short-term ban if they suspect you might be trying to immigrate without the proper marriage visa.

This will keep you and your sweetie apart for a very loooong time while the visa processes.

So, since you are already *in* the US and didn't commit fraud to get there, marry her now, file for adjustment of status, then have your ceremony in Canada. DO NOT leave the US until you get that AP. This way will allow you two to stay together during the process instead of trapping you in Canada until the paperwork is done.

Edited February 9, 2010 by Galateia

[trailmix 77]

Agree with Galateia.

You cannot leave the country while your adjustment of status is being processed. However, when you file that you also file for an Employment Authorization and 'Advance Parole' (separate forms that you file at the same time). Advance parole allows you to leave and reenter the U.S. while your AOS is processing, employment authorization allows you to work while your AOS is processing. You should disregard what you read about tourist visas, this does not apply to you - you should however read the entire guide on the subject.

While TN is a non-immigrant visa it does not disallow you from getting married and adjusting status now that you are already there.

[Carlawarla 1]

I've pm'd warlord. He may have something to offer this OP.

[warlord 73]

I've pm'd warlord. He may have something to offer this OP.

Yep, if you get married in Canada or anywhere your TN will not be usefull and you will not be able to get back into the US at all. You will not be able to apply for a new TN either. Marriage being immigration intent as mention will null and void that. You would most likely be turned away at the border with your husband going on. Then you would have to apply for the spousal visas from inside Canada and wait for all that to go through before you get reunited with your new husband.

The best bet for this case for you then is to have a TN status that has about 8 or more months still left on it. Get married in the US (even if you want to do a big wedding in Canada, do a small one at the court house). Then apply for AOS and do not leave the US until you get your AP. You can continue to work on the TN if you are still in the US after you apply for AOS, you just won't be able to use it to enter the US without issues and denials...

[AdamNewfoundland 0]

Thanks again, guys!

Now I have one little wrinkle that needs to be ironed out.

We're planning a trip home to Newfoundland (i.e., we've bought the tickets already) from March 30-April 5, in order to meet the string trio, the photographer, the officiant, do the tasting and view the reception/ceremony building in the park, etc.

Do you think I'll be okay to get married here in New York (we were thinking Feb. 28, since that's our "anniversary" already), then go to Newfoundland, come back quietly on my TN on April 5 (which will have 5 months left on it at that point), and then put in all our paperwork on April 6?

I see, for example, in Warlord's timeline that it was only a month between his application and getting his AP. I'll have nearly 5 months form when we get back until we're scheduled to leave for the wedding, so that should be plenty of time, right?

I thought of mailing the package before we left (in March sometime), but that would cause problems if my application is in process and I try to come back in on my TN, correct? Because I would then have dual-intent, yes?

Or should we just wait until we come back on April 5 to get married? If we get married in February, and then I come back on my TN visa, without having started the AOS process, am I guilty of dual-intent? If so, we can just wait until we come back from the planning trip in March/April, get hitched lickety-split and file the papers that week, which is really no different than my first scenario above.

Thanks so much for your input, folks! I'm so glad that I got panicky today and started doing more research on this stuff, or I never would have wandered in here!

Adam

[SapphireDreams 71]

I would just get married when you get back in April. If you get married at the City Clerk's office in NYC, you apply for the license, wait 24 hours, go back and get married and then once you get married, you get the marriage certificate on the spot, so you could essentially send your package the same day or the next day of the marriage. Since you wouldn't plan to send the package until you get back anyways, you would save yourself the risk of getting caught being married on the TN.

[TimandJoyce 1]

Hope this all works out for you Adam as I know you've more than likely made plans. Knowing what I know now, I'd be getting married ASAP ( today if possible) and AOSing. Look in the guides for all that to see what you have, and what you're going to need. More than likely a full medical, but I'm not sure if AOS is the same as what I went through. I also don't know how long it will take with your situation, but I'm pretty sure you're fine as your intent was WORK related, ( your TN visa will prove that).

I understand the two of you want to get married, and you want to celebrate in Canada and all that, but please, read the guides carefully. One wrong move and you'll be denied at the border, and I'm pretty sure you don't want that.

[Rustbelt 0]

Thanks again, guys!

Now I have one little wrinkle that needs to be ironed out.

We're planning a trip home to Newfoundland (i.e., we've bought the tickets already) from March 30-April 5, in order to meet the string trio, the photographer, the officiant, do the tasting and view the reception/ceremony building in the park, etc.

Do you think I'll be okay to get married here in New York (we were thinking Feb. 28, since that's our "anniversary" already), then go to Newfoundland, come back quietly on my TN on April 5 (which will have 5 months left on it at that point), and then put in all our paperwork on April 6?

I see, for example, in Warlord's timeline that it was only a month between his application and getting his AP. I'll have nearly 5 months form when we get back until we're scheduled to leave for the wedding, so that should be plenty of time, right?

I thought of mailing the package before we left (in March sometime), but that would cause problems if my application is in process and I try to come back in on my TN, correct? Because I would then have dual-intent, yes?

Or should we just wait until we come back on April 5 to get married? If we get married in February, and then I come back on my TN visa, without having started the AOS process, am I guilty of dual-intent? If so, we can just wait until we come back from the planning trip in March/April, get hitched lickety-split and file the papers that week, which is really no different than my first scenario above.

Thanks so much for your input, folks! I'm so glad that I got panicky today and started doing more research on this stuff, or I never would have wandered in here!

Adam

In a word, no.

If you get married before leaving for NF, when you arrive at the border, you will be entering as the apouse of a US citizen, you are on a non-immigrant visa (TN) and you will almost certainly run into issues. You COULD avoid the subject at the border and/or lie, but nobody here will recommend that you do that because if you are found out, it will cause huge complications further down the line. I see only one option here: Get married in February and cancel your trip to NF; take care of the AOS stuff before you go back to NF.

- Steve's wife

[AdamNewfoundland 0]

In a word, no.

If you get married before leaving for NF, when you arrive at the border, you will be entering as the apouse of a US citizen, you are on a non-immigrant visa (TN) and you will almost certainly run into issues. You COULD avoid the subject at the border and/or lie, but nobody here will recommend that you do that because if you are found out, it will cause huge complications further down the line. I see only one option here: Get married in February and cancel your trip to NF; take care of the AOS stuff before you go back to NF.

- Steve's wife

Would it not also be acceptable to, as SapphireDreams recommends, get married here after we come back in April? The longest I'm seeing between application and receiving the AP on anyone's timeline is three months, and I'll have nearly five between coming back in April and going to Newfoundland for the ceremony in August.

Thanks!

Adam

[SapphireDreams 71]

Would it not also be acceptable to, as SapphireDreams recommends, get married here after we come back in April? The longest I'm seeing between application and receiving the AP on anyone's timeline is three months, and I'll have nearly five between coming back in April and going to Newfoundland for the ceremony in August.

Thanks!

Adam

You could risk not getting your AOS complete in time, it has taken longer than 5 months in some cases... but I think you would probably be okay. It's a risk you would have to take...

[trailmix 77]

In a word, no.

If you get married before leaving for NF, when you arrive at the border, you will be entering as the apouse of a US citizen, you are on a non-immigrant visa (TN) and you will almost certainly run into issues. You COULD avoid the subject at the border and/or lie, but nobody here will recommend that you do that because if you are found out, it will cause huge complications further down the line. I see only one option here: Get married in February and cancel your trip to NF; take care of the AOS stuff before you go back to NF.

- Steve's wife

Would it not also be acceptable to, as SapphireDreams recommends, get married here after we come back in April? The longest I'm seeing between application and receiving the AP on anyone's timeline is three months, and I'll have nearly five between coming back in April and going to Newfoundland for the ceremony in August.

Thanks!

Adam

Hi Adam,

I don't think you are really reading what Steve's wife said. The problem is getting back over the border in April, after your visit to Canada.

To run all these possible scenarios - try running through your replies at the U.S. border in April.

It will not be ok to show up at the border stating - I have a TN visa, my fiancee and I are going to go back to the U.S., where I will work, get married and apply for adjustment of status.

This is immigrant intent - that is the problem. You cannot enter the U.S. with immigrant intent without the correct visa - the TN is an aside.

So you have two choices. You get married now, apply for AOS and hope you get advance parole before your planned non-legal ceremony in Canada. Or you go ahead and make a visit and hope like hell that you don't get turned back at the border and lose your job and your residence in the U.S. - what that will mean is that you will have to apply while you are sitting in Canada waiting - that will take around a year (that's the best case scenario - if they turn you back they might ban you for a year or more as well).

Edited February 10, 2010 by trailmix