Do I even need a K1 as a Canadian?

[am1996 0]

Greetings,

I am a Canadian citizen and have been going in and out of the US for quite some time under the B2 status to visit my bf (a US citizen). We got engaged 2 months ago and are planning on officially registering the marriage in the US and then doing a destination wedding in the Caribbean at the end of the year. I am currently taking a year off school/work and will be entering a medical residency program in the US next year, so I don't need an immediate employment authorization.

Our concern is that once we get married in the US and leave for the Caribbean, I may not be allowed to re-enter the US under the B2 or any other status other than K1, obtaining which would require me to return to Canada and needlessly wait for the K1 approval. Another option is for us to get married in the US now and to apply for an adjustment of status, but I understand that it can take a while for me to get the conditional green card. While the adjustment of status application is pending, would I even be allowed to re-enter the US after our trip to the Caribbean or would I be required to go back to Canada?

I suppose the easiest way for us to go would be not to mention anything about being married in the US and getting married in the Caribbean to the border patrol, which would allow me to come back into the US with a B2 status and then file the adjustment of status paperwork. Are there any problems with this approach?

Is there another viable option that I am missing that would allow us to get married in the US, go to the Carribean and come back to the US without any problems? I sincerely apologize if this has been covered in this forum before but I searched and could not find anything on point.

[Kez/JWolf 6]

To enter the US with the intention of getting married and remaining you need a K1 visa...

Yes you can get married in the US but you will have to return to Canada..

If you enter on a K1 and get married you would need to file for AOS and AP to be able to leave and re-enter..

If you get married on a tourist visa and leave you stand the chance of being denied entry unless you can prove stronge ties to Canada and have no intention of remaining....

If you lie at POE by not mentioning you are married that is visa fraud...

I see you options as apply for K1 and get married in US then apply for AOS or get married outside the US and file for K3....

Hope this helps

Kezzie

[PrincessDot 0]

I know of someone who tried the "easiest way" the OP suggested. The couple got married in Germany and then wanted to come back together. She (the non-USC) tried to enter on the basis of her visitors visa. And she was refused entry and was sent home. It's illegal to misrepresent yourself at the border as Kezzie said.

In short, you need some kind of marriage visa - even if you're Canadian. And you need Advanced Parole in your hands before you can go on your Caribbean trip.

Edited August 3, 2006 by PrincessDot

[Joey559 1]

Both above posts are correct - you need to use the K1 or K3. Despite the border, Canada and Mexico are NOT treated any differently than any other countries.

The waiting sucks, but at least you're close enough that visits during the process are a great deal easier than they are for those on other continents. Hope that's some solace.

Good luck.

Joey

Edited August 3, 2006 by Joey559

[am1996 0]

Thank you very much for your reply. I did review the K1 guide on this website but still have a few follow up questions. When I last entered the US I had no idea that we'd get engaged, so I am not at all concerned about the validity of my current B2. If we were to get married now and then file for an adjustment of status, would I be permitted to leave and re-enter the US to visit my husband while my adjustment of status application would be pending?

In other words, if we were to get married now, apply for an adjustment of status (which does NOT require me to be on K1, since I had no actual intent to remain in the US at the time I entered the country under B2) but not receive the AP or LPR before our honeymoon in the Carribean, would I be permitted to re-enter the US to visit my husband?

Edited August 3, 2006 by am1996

[Dr_LHA 3]

As far as I can see the only problem here is the desire to travel after marriage. If you're already in the US on a valid visa, and marry a US citizen, you don't need to leave the country and get a new visa. You can file for AOS from your B2 visa.

Why don't you do the "destination marriage" first (I assume its not a legal marriage), return to the US on your B2 and then marry in the USA and file AOS?

In other words, if we were to get married now, apply for an adjustment of status (which does NOT require me to be on K1, since I had no actual intent to remain in the US at the time I entered the country under B2) but not receive the AP or LPR before our honeymoon in the Carribean, would I be permitted to re-enter the US to visit my husband?

You would need the AP to return to the country because as soon as you filed AOS your B2 would no longer be a valid visa.

[zyggy 9]

Thank you very much for your reply. I did review the K1 guide on this website but still have a few follow up questions. When I last entered the US I had no idea that we'd get engaged, so I am not at all concerned about the validity of my current B2. If we were to get married now and then file for an adjustment of status, would I be permitted to leave and re-enter the US to visit my husband while my adjustment of status application is pending?

In other words, if we were to get married now, apply for an adjustment of status (which does NOT require me to be on K1, since I had no actual intent to remain in the US at the time I entered the country under B2) but not receive the AP or LPR before our honeymoon in the Carribean, would I be permitted to re-enter the US to visit my husband?

Please see my other reply..

As I said that is not possible. You are trying to get everything that you want. What were telling you is that is impossible. So you have to choose what is the most important to you. The trip or the marriage...

You can still take the trip.. but only after you have AP and that takes 3 to 6 months to get. So no immediate honeymoon outside the US. I suggest you plan a honeymoon in a US locale that is nice such as Puerto Rico, the US Virgin Islands or Hawaii.

[luv2teach77 41]

In other words, if we were to get married now, apply for an adjustment of status (which does NOT require me to be on K1, since I had no actual intent to remain in the US at the time I entered the country under B2) but not receive the AP or LPR before our honeymoon in the Carribean, would I be permitted to re-enter the US to visit my husband?

If you apply for AOS, regardless of the visa you entered the US on, you will need to remain in the US until either the AOS application has been approved and you hold LPR status OR you receive AP.

I beleive (and someone please correct me if I'm wrong) that once you apply to adjust your status, whatever visa you entered on becomes null and void for the purposes of re-entry to the US.

Mark

[zyggy 9]

As far as I can see the only problem here is the desire to travel after marriage. If you're already in the US on a valid visa, and marry a US citizen, you don't need to leave the country and get a new visa. You can file for AOS from your B2 visa.

Why don't you do the "destination marriage" first (I assume its not a legal marriage), return to the US on your B2 and then marry in the USA and file AOS?

In other words, if we were to get married now, apply for an adjustment of status (which does NOT require me to be on K1, since I had no actual intent to remain in the US at the time I entered the country under B2) but not receive the AP or LPR before our honeymoon in the Carribean, would I be permitted to re-enter the US to visit my husband?

You would need the AP to return to the country because as soon as you filed AOS your B2 would no longer be a valid visa.

That would be nice if she already wasn't paying with fire by having immigrant intent. Leaving the US at this stage of the game is far too risky..

[Dr_LHA 3]

If you apply for AOS, regardless of the visa you entered the US on, you will need to remain in the US until either the AOS application has been approved and you hold LPR status OR you receive AP.

Not true. You can travel after filing AOS if you have an H-1B or O-1 visa. Of course that's not relevant here, but I just wanted to clear that up.

That would be nice if she already wasn't paying with fire by having immigrant intent. Leaving the US at this stage of the game is far too risky..

Agreed. The best thing to do would be to not travel abroad until after getting the GC.

Edited August 3, 2006 by dr_lha

[raymaga 25]

Are you currently still in the U.S. from the entry 2 months ago before you got engaged?

If so, and you entered the U.S. without intentions of marrying and staying in the U.S., then yes, you can get married and then apply for AOS.

You will have to wait until your AOS is approved and you get your GC or you can apply for AP and wait for that to get approved before you can leave the U.S.

[am1996 0]

As far as I can see the only problem here is the desire to travel after marriage. If you're already in the US on a valid visa, and marry a US citizen, you don't need to leave the country and get a new visa. You can file for AOS from your B2 visa.

Yep, that's my understanding as well.

Why don't you do the "destination marriage" first (I assume its not a legal marriage), return to the US on your B2 and then marry in the USA and file AOS?

We would very much like to officially get married in the US before the end of the year so we can subsequently file our tax returns as "married filing jointly." This way we would get a larger tax deduction on our '06 taxes.

You would need the AP to return to the country because as soon as you filed AOS your B2 would no longer be a valid visa.

I realize that. Wouldn't I get another B2 status upon my return from the Caribbean trip if I fully intended to return to Canada in a couple of months thereafter (I could probably even show them a ticket to Canada within the 6-month thereafter)?

[Dr_LHA 3]

Why don't you do the "destination marriage" first (I assume its not a legal marriage), return to the US on your B2 and then marry in the USA and file AOS?

We would very much like to officially get married in the US before the end of the year so we can subsequently file our tax returns as "married filing jointly." This way we would get a larger tax deduction on our '06 taxes.

If you want to be legally married in the US before you go on your honeymoon, you're going to be playing a dangerous game if you don't have an AP or GC. The fact is you can probably get away with it, but you are breaking the law if you re-enter the country having an immigration intent, and if you get caught the penalties are severe.

You would need the AP to return to the country because as soon as you filed AOS your B2 would no longer be a valid visa.

I realize that. Wouldn't I get another B2 status upon my return from the Caribbean trip if I fully intended to return to Canada in a couple of months thereafter (I could probably even show them a ticket to Canada within the 6-month thereafter)?

Yes, you could probably get away with this as I said above, but in the end you will be entering the country with the intent of staying, and this is illegal. Unless you plan on returning to the US on your B2, then returning to Canada and filing for a K-1.

Edited August 3, 2006 by dr_lha

[zyggy 9]

As far as I can see the only problem here is the desire to travel after marriage. If you're already in the US on a valid visa, and marry a US citizen, you don't need to leave the country and get a new visa. You can file for AOS from your B2 visa.

Yep, that's my understanding as well.

Why don't you do the "destination marriage" first (I assume its not a legal marriage), return to the US on your B2 and then marry in the USA and file AOS?

We would very much like to officially get married in the US before the end of the year so we can subsequently file our tax returns as "married filing jointly." This way we would get a larger tax deduction on our '06 taxes.

You would need the AP to return to the country because as soon as you filed AOS your B2 would no longer be a valid visa.

I realize that. Wouldn't I get another B2 status upon my return from the Caribbean trip if I fully intended to return to Canada in a couple of months thereafter (I could probably even show them a ticket to Canada within the 6-month thereafter)?

That's the thing... they won't let you in as a B2... you have too much immigrant intent as the spouse of a USC who hasn't lived in Canada for about 6 months and has no ties back to Canada. Sorry.. but what you want just isn't possible. If you want the Carribean, fly to the USVI's or Puerto Rico. Those are the only two destinations you can go to.

Edited August 3, 2006 by zyggy

[am1996 0]

Thank you all so very much for all the thoughtful posts I have received here. Just to clarify, Canada is not a part of the european Visa Waiver Program. Instead, under NAFTA, Canadians who otherwise qualify for a B1 or B2 status are typically just "waived through" -- we do not receive the actual I94, have 6 months (instead of the usual 3 months under the Visa Waiver Program) to remain in the US under that status. Upon the expiration of the 6 months, we can either apply for an extension (which is a hassle, since we don't typically get I94's, which are required for an extension) or can just leave the US and can then immediately come back to get another B1/2 and another 6 months.

While all that in mind, while AOS would effectively nullify my existing B2, wouldn't I receive another one if I were to leave and then come back to visit my husband?