Help! Not sure what to do next.

[deedee1111 0]

My boyfriend and I came across the border 2 days ago from Canada. I had driven up to spend Christmas with him and his family...he is Canadian I am a US Citizen. We had Christmas gifts in the car that I had received from his family and also an old computer that my boyfriend was giving me. We were pulled into be inspected at the border. They questioned the contents of the car saying it looked like my boyfriend was planning on moving. He was only going to stay for 2 weeks. They were not happy with the answers he gave about his employment and wanted proof which we did not have. They almost did not let him across , but then they did by giving him a I94 visa with a 2 week return to Canada.

We had no intentions of getting married soon , but now that we had this issue we are considering it. What if next time they won't even let him cross? I have talked to a few attorneys , but I am still trying to verify some information if anyone has any experience with something like this.

1. Can he overstay an I94 visa by 2 weeks if we decided to get married in a month and then apply for change of status?

2. If he went back and we just applied for a fiance visa....can he come back to the US for visits during the application process?

3. How bad does it look exactly that he was just coming for 2 weeks and then we got married all of a sudden? Has anyone been denied because of something like this.

We are not opposed to him going back to Canada right away. We just don't want to mess up an opportunity to have him stay right now.

[Ontarkie 14,221]

~~Moved to What Visa Do I Need - Family Based Immigration, from Tourist Visas~~

[NikLR 13,227]

My boyfriend and I came across the border 2 days ago from Canada. I had driven up to spend Christmas with him and his family...he is Canadian I am a US Citizen. We had Christmas gifts in the car that I had received from his family and also an old computer that my boyfriend was giving me. We were pulled into be inspected at the border. They questioned the contents of the car saying it looked like my boyfriend was planning on moving. He was only going to stay for 2 weeks. They were not happy with the answers he gave about his employment and wanted proof which we did not have. They almost did not let him across , but then they did by giving him a I94 visa with a 2 week return to Canada.

We had no intentions of getting married soon , but now that we had this issue we are considering it. What if next time they won't even let him cross? I have talked to a few attorneys , but I am still trying to verify some information if anyone has any experience with something like this.

1. Can he overstay an I94 visa by 2 weeks if we decided to get married in a month and then apply for change of status?

2. If he went back and we just applied for a fiance visa....can he come back to the US for visits during the application process?

3. How bad does it look exactly that he was just coming for 2 weeks and then we got married all of a sudden? Has anyone been denied because of something like this.

We are not opposed to him going back to Canada right away. We just don't want to mess up an opportunity to have him stay right now.

1) technically yes

2) yes of course he can... there is a huge post in the K1 forum that also applies to CR1 people about "yes you can visit." I visited my husband 3 times after marriage and many do it every weekend. But you need to bring proof of your ties to your home country.

3) They can't deny you if that's what you're asking, because they let you in after establishing you didn't have the intent to immigrate at that time.

Keep in mind that if you get married and file for the AOS there are 3 months until your new husband can both travel out of country and look for work. This is called the EAD and AP (employment authorization document and Advance Parole). Also keep in mind that if you choose go the K1 route, you also have to AOS so again, after moving there is a 3 month waiting period. He cannot even collect EI during this time while a CR1 (married spouse of less than 2 years) can because they receive a green card asap and the CR1 is the cheaper route. However if you living close to Vancouver vs Montreal, it may be cheaper to do the k1 because of travel costs.

[deedee1111 0]

We were thinking of getting married before he leaves. Then filing an I-130 and then getting a K3 visa. Does anyone know an average of how long that process would take. Until he would get the K3 visa that is. And would he be able to travel to the US as a tourist with the I-130 and K3 pending?

[lost_at_sea 995]

We were thinking of getting married before he leaves. Then filing an I-130 and then getting a K3 visa. Does anyone know an average of how long that process would take. Until he would get the K3 visa that is. And would he be able to travel to the US as a tourist with the I-130 and K3 pending?

K3 is considered obsolete: http://www.visajourney.com/forums/topic/463739-k-3-visa-is-it-still-an-active-or-an-obsolete-visa/

Yes, he can travel with an I-130 pending - make sure he does so with some evidence to strong ties home and a return journey booked, just in case he gets questioned.

[NikLR 13,227]

We did the CR1 route and I visited my husband 3 times, always flying, always with a return ticket, and always bringing proof of my ties to Canada. You don't have to fly obviously, many people drive, but the proof of ties to Canada is a must, you never know when you'll be asked for them.

Follow the guide for the CR1 route if you're wanting to be married first. K3 is obsolete and rarely granted.

Like I said tho, if he lives close to Vancouver you may want to consider the K1 as the CR1 only does interviews in Montreal, but the K1 does it both places.

[deedee1111 0]

He's from Winnipeg , so in between Vancouver and Montreal. We just don't know what to do. It all seems so complicated and long, but we want to make the right decisions.

[NikLR 13,227]

He can work sooner with the CR1 but it takes a little longer to do. Up to you guys.

Or he can adjust status, and it'll take about 3 months before he can work. He'd have to get someone to send you guys all the paperwork you'll need from Canada.

[Teddy B 17,252]

Just keep in mind if he overstays the date on the I-94 and you do not marry and apply for adjustment of status while he remains in the US, the chances of him being allowed back in the US while waiting for a fiance or marriage visa will be slim to none.

[NikLR 13,227]

Just keep in mind if he overstays the date on the I-94 and you do not marry and apply for adjustment of status while he remains in the US, the chances of him being allowed back in the US while waiting for a fiance or marriage visa will be slim to none.

Yes I agree. He need to make up his mind BEFORE the i-94 runs out and make sure he's back across the border in time if you are not adjusting status ASAP

Edited January 3, 2014 by NLR

[deedee1111 0]

We decided that he will go back to Canada next weekend. We are planning a wedding in Canada sometime in the next couple months then I will come back and file the CR1. Does anyone know if it is "OK" to tell the Canadian border patrol that I am coming across to get married? I will have a return flight ticket and also a letter from my employer if I need to.

[NikLR 13,227]

yep you sure can.

My husband did just that. Having the return ticket and the letter from your employer (along with a pay stub or two) will do you in good stead.

[deedee1111 0]

Well my fiance went back to Canada today I am so sad , but I know we can get through this. We are planning a small wedding in a month or two in Canada and then I will file CR1. I have read and read and it just seems the easier option rather than the fiance visa.

[NikLR 13,227]

it's not necessarily easier, but it is less paperwork IMO. It takes longer to get but since our fiance will be able to work ASAP, I think that is a huge bonus. People think this will be a non-issue but after 2 months of not working, which was purposeful for me, I was very ready to be back at work! Also as we've read lately emergencies happen back home, and being able to fly back without worry is very important. The last thing a foreign spouse needs to worry about with immigration is if they can even travel home if one of their parents or siblings has a major issue. Why not take that out of the equation all together. All that peace of mind for a few more months... Waiting sucks big time, but everything better comes with a price.