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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

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DeadPoolX
Okay, I've read that you should always tell the truth to customs. However, if my fiancee tells them that she's planning on going across the Canadian-American border in order to marry her fiance, I doubt she'll be allowed entry into the United States.

So what do we do?

Does she say she's just going for a visit or a vacation or whatever?

We don't really like the K1 or the K3 visas (for a number of reasons, one of which being that she has to spend several months or longer unemployable while within the country). The IR1/CR1 is more to our liking, depsite the fact we'd be seperated and she'd have to go back to Canada after the wedding. The thing we're looking at is the fact that she'd immediately be a permanent resident and able to work once everything was finished processing.

So is she allowed to enter the U.S. with her passport and get married to a U.S. citizen? What happens if she's honest and tells customs that as well? Will she be refused entry? If so, what should she say?

If this seems like a stupid post, well...sorry. I just want everything to run as smoothly as possible, and I have a number of questions. That's all.

Thanks ahead of time. smile.gif
raymaga
I can pretty much guarantee that if she says she is entering the U.S. to get married, she will be hassled. If she has lots of evidence that she intends to return to Canada after her "visit" and marriage to you in order to complete the processing of her visa, they may let her in. Such evidence that she intends to return to Canada could include her mortgage/lease documents, most recent pay stubs and a letter from her employer stating when they expect her back at work, recent utility bills, etc.

We don't advocate being untruthful to border officers here on VJ, so I don't really know what to tell you. Just be prepared that she may be turned away at the border and not allowed in until she has a visa.

Good luck.

homesick_american
QUOTE(DeadPoolX @ Oct 3 2006, 07:18 PM) *

Okay, I've read that you should always tell the truth to customs. However, if my fiancee tells them that she's planning on going across the Canadian-American border in order to marry her fiance, I doubt she'll be allowed entry into the United States.

So what do we do?

Does she say she's just going for a visit or a vacation or whatever?

We don't really like the K1 or the K3 visas (for a number of reasons, one of which being that she has to spend several months or longer unemployable while within the country). The IR1/CR1 is more to our liking, depsite the fact we'd be seperated and she'd have to go back to Canada after the wedding. The thing we're looking at is the fact that she'd immediately be a permanent resident and able to work once everything was finished processing.

So is she allowed to enter the U.S. with her passport and get married to a U.S. citizen? What happens if she's honest and tells customs that as well? Will she be refused entry? If so, what should she say?

If this seems like a stupid post, well...sorry. I just want everything to run as smoothly as possible, and I have a number of questions. That's all.

Thanks ahead of time. smile.gif


If she's coming in on a tourist visa and you guys have plans to get married, then she's breaking the law and committing visa fraud when she applies for her adjustment to permanent residency. Please consider going the legal route and applying for a K-1 visa.

What you are proposing is not legal. People have come into the US on tourist visas and gotten their AOS, but it's not legal to come to the US on a tourist visa intending to marry a US citizen. You guys will have to lie...a lot...repeatedly...to US government officials. My advice would be to do it the legal way, or consider getting married in Canada.
DeadPoolX
I don't get it. I mean...I get it, but it doesn't make a whole lot of sense. If she COULD be denied entry into the United States for merely stating the truth, how does anyone get into the country in order to marry and then process an IR1/CR1?

We'd do the K1 if it'd work for us, but it just won't. The logistics of it fail to comply with what we require in order to make things fall into place. Obviously, not everyone does a K1 visa, so there must be a way to make an IR1/CR1 succeed in our situation.

If there is a way...what would it be? I can't imagine NO ONE has ever entered the U.S. with merely a passport with the intent to get married, return to their home country, and then file an IR1/CR1. SOMEONE here must've been through these same set of events before, or at least, know of someone who has been or is going through them.

Once again, any and all help would be appreciated. Thanks. smile.gif
homesick_american
QUOTE(DeadPoolX @ Oct 4 2006, 12:36 AM) *

I don't get it. I mean...I get it, but it doesn't make a whole lot of sense. If she COULD be denied entry into the United States for merely stating the truth, how does anyone get into the country in order to marry and then process an IR1/CR1?


They lie if they're in your situation, or they just come into the US, meet someone they like, and marry them. Or they go the legal route and get a K-1 visa.

QUOTE

We'd do the K1 if it'd work for us, but it just won't. The logistics of it fail to comply with what we require in order to make things fall into place. Obviously, not everyone does a K1 visa, so there must be a way to make an IR1/CR1 succeed in our situation.


I'm afraid not.

QUOTE

If there is a way...what would it be? I can't imagine NO ONE has ever entered the U.S. with merely a passport with the intent to get married, return to their home country, and then file an IR1/CR1. SOMEONE here must've been through these same set of events before, or at least, know of someone who has been or is going through them.

Once again, any and all help would be appreciated. Thanks. smile.gif


Sure, there are people here who have done it, though I don' t know for sure if they intended to marry when they entered the US. That doesn't mean what you are wanting to do is legal, and I'm afraid I can't give you any more advice other than what I've already said. I'll reiterate. If you guys want to do this the legal way, you will have to get a K-1 visa for your fiancee or you two will have to marry in Canada and go the K-3/CR-1/IR-1 route through there. Or you both could marry each other in a third country, like Mexico.

Here is the advice given by the USCIS on their own website. As you can see, you will require a K-1 if you want to do things the legal way.

http://www.uscis.gov/graphics/howdoi/fiance.htm

QUOTE
If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad.



I'm sorry this doesn't mesh with your plans, but this is what the law states.
DeadPoolX
Well, thanks to both of you for replying to my question. I didn't receive the answer I was hoping to get (although I'm not particularly surprised by the fact that my own country would make the situation as difficult as can be...), but at least I received an answer.

I don't want to break any laws. Besides just being "plain wrong," if we were to get caught, we'd be in some serious doo-doo. So...we have to find a way to make this (legally) work. I'm not sure how we will, but we'll have to find a way. sad.gif

homesick_american
QUOTE(DeadPoolX @ Oct 4 2006, 12:56 AM) *

Well, thanks to both of you for replying to my question. I didn't receive the answer I was hoping to get (although I'm not particularly surprised by the fact that my own country would make the situation as difficult as can be...), but at least I received an answer.

I don't want to break any laws. Besides just being "plain wrong," if we were to get caught, we'd be in some serious doo-doo. So...we have to find a way to make this (legally) work. I'm not sure how we will, but we'll have to find a way. sad.gif


You might want to check in on the K-1 forum and the Canada forum (under Regional Discussions) and ask the Canadian K-1 holders about their experiences. There seems to be quite a few Canadians here.

Good luck.
sophyie
As far as I know: it's not illegal to go to the US and get married, IF you do go back to your home country afterwards.
The problem might be to convince the immigration officers that you will go back!

We're doing the IR1/CR1 but as a DCF, because my husband (USC) currently lives with me in Germany.
And according to the consulate we could've gone to the US to marry, return to Germany and start the process. I don't think they care where in the world you got married...

Long story short:

I don't see why you couldn't get married in the US -> your wife returns home and you file the I-130 for her.

BUT entering the US and telling the immigration officers that you're going to get married to a USC most likely won't be a fun thing to do. In order for them to believe your fiance, she'd have to bring REALLY good binding ties that prove she'll return to Canada.

Why not avoid all this and get married in Canada? (it could be a small wedding there and then once she's in the US you have the real party?)

Cheers, and good look with the right decision!

Please, everybody, if I'm wrong here, correct!
homesick_american
QUOTE(sophyie @ Oct 4 2006, 01:18 AM) *

As far as I know: it's not illegal to go to the US and get married, IF you do go back to your home country afterwards.
The problem might be to convince the immigration officers that you will go back!

We're doing the IR1/CR1 but as a DCF, because my husband (USC) currently lives with me in Germany.
And according to the consulate we could've gone to the US to marry, return to Germany and start the process. I don't think they care where in the world you got married...

Long story short:

I don't see why you couldn't get married in the US -> your wife returns home and you file the I-130 for her.

BUT entering the US and telling the immigration officers that you're going to get married to a USC most likely won't be a fun thing to do. In order for them to believe your fiance, she'd have to bring REALLY good binding ties that prove she'll return to Canada.

Why not avoid all this and get married in Canada? (it could be a small wedding there and then once she's in the US you have the real party?)

Cheers, and good look with the right decision!

Please, everybody, if I'm wrong here, correct!


I think two non-USCs who want to come to the USA to get married for a destination wedding may not need visas, but a non-USC wanting to marry a USC needs a K-1 visa according to the USCIS.

I think the OP should call the USCIS for advice if he's not 100% sure but going by what I've read on their website, they need a visa.
sophyie
QUOTE(homesick_american @ Oct 4 2006, 10:03 AM) *



I think two non-USCs who want to come to the USA to get married for a destination wedding may not need visas, but a non-USC wanting to marry a USC needs a K-1 visa according to the USCIS.

I think the OP should call the USCIS for advice if he's not 100% sure but going by what I've read on their website, they need a visa.


Thanks for the correction!

We called the consulate in Frankfurt to find out and they said that we could go to the US to get married but that might have well been because my husband lives and workes (has residency) in Germany... maybe that was the difference. Both of us would have returned to Germany after the wedding...

Oh I don't know. And I'm happy we had the possibility to do the DCF.

*Marilyn*
ummm, someone can come to the US and get married... and then return back home and file for the Cr1....

IT IS NOT ILLEGAL TO GET MARRIED IN THE UNITED STATES... no0pb.gif

the issue is if you go to the US with intentions of getting married and then get married and stay and file for AOS...





I wouldn't divulge more information then they ask you when crossing the border.....
homesick_american
QUOTE(MarilynP @ Oct 4 2006, 07:51 AM) *

ummm, someone can come to the US and get married... and then return back home and file for the Cr1....

IT IS NOT ILLEGAL TO GET MARRIED IN THE UNITED STATES... no0pb.gif



That isn't the impression I got from the USCIS's website.
*Marilyn*
if the person plans to stay after the wedding, then yes they would need a visa... but if they plan on going back home after the wedding that is totally fine...

a lot of people have done that...

they might need a lot of proof that they are panning on returning to thier home country though...
homesick_american
QUOTE(MarilynP @ Oct 4 2006, 07:56 AM) *

if the person plans to stay after the wedding, then yes they would need a visa... but if they plan on going back home after the wedding that is totally fine...

a lot of people have done that...

they might need a lot of proof that they are panning on returning to thier home country though...


I wouldn't bet a guy's future on conflicting info, though. I read the website this morning and did not see anything to indicate that this is the case. It seems sort of risky to me.

I think the OP should contact the USCIS and tell them what his plans are to see what they recommend.
*Marilyn*
QUOTE(homesick_american @ Oct 4 2006, 05:59 AM) *

QUOTE(MarilynP @ Oct 4 2006, 07:56 AM) *

if the person plans to stay after the wedding, then yes they would need a visa... but if they plan on going back home after the wedding that is totally fine...

a lot of people have done that...

they might need a lot of proof that they are panning on returning to thier home country though...


I wouldn't bet a guy's future on conflicting info, though. I read the website this morning and did not see anything to indicate that this is the case. It seems sort of risky to me.

I think the OP should contact the USCIS and tell them what his plans are to see what they recommend.


what conflicting info? huh.gif It is NOT illegal for a NON-USC to get married in the United States if he/she has intentions of going back to his home country....
DeadPoolX
Okay, now I'm REALLY confused. helpsmilie.gif

On one hand, I'm being told it's ILLEGAL to enter the U.S. with the INTENT to get married (without the use of a K1 Visa), and on the other hand, I'm being told it's perfectly LEGAL, so long as my fiancee (who would then by wife) RETURNS to her home country of Canada, and THEN we file for the IR1/CR1.

Just for the record, we were NEVER planning on having my fiancee stay here in the U.S. during the processing of the IR1/CR1. She'd remain in Canada.

My fiancee would have information regarding her ties to Canada--employment records and so forth. What else would be considered "really good" proof that my fiancee would be returning to Canada after the wedding?
riblet
From everything I have ever seen or heard & been told by USCIS officials - it is NOT illegal to enter the U.S. to marry a citizen -- the problem is intent to stay - and that of course is what you will have a very difficult time showing.

You must be able to show a great deal of convincing evidence to convince the border guard that she actually will leave the U.S. after the wedding.
*Marilyn*
does she have morgtage payments are something too??

as long as you are perfectly honest with the custom people your fiancee should be fine..... and don't give them anymore info then they ask for

the worst that could happen is that they wouldn't let your finacee in....




i am pretty sure there are other people on VJ who have done this very thing... hopefully they will stop by this thread and give you some more info.....
macburt
Hi Dead PoolX

Replying to your question... I am a Canadian who married an American August 20, 2006. On the advice of my lawyer he told us to marry. So I took a week holdidays and crossed the boarder on a Friday night.... and at the time of crossing they asked the standard questions how long are you visting, what are u bringing etc....

I told them I was visting my boyfreind and that I would be staying one week on holidays. I was not married at the time of crossing. We married two days later. (Remember you tell the truth at the boarder and only answer the questions they ask you.. don't be foolish and give more details or flawnt it in their face.... boarder guards don't like that)

I Showed my passport and entered into the country.

It is not legally to marry an american. As long as you are not trying to STAY WITH THEM before your PR card and visa are ready. You can continue to cross the boarder.. the key words in crossing the boarder is "I'M VISITING my husband for the weekend !!!!

I have to show that "I have not left canada and I HAVE ties to the country. I carry my mortgage, paystub, hydro bill, and my lawyer contract.I cross the boarder very weekend to see my husband.

Hope this helps you.... and congrats on the wedding. if I can help any more email me back






homesick_american
QUOTE(DeadPoolX @ Oct 4 2006, 08:07 AM) *

Okay, now I'm REALLY confused. helpsmilie.gif

On one hand, I'm being told it's ILLEGAL to enter the U.S. with the INTENT to get married (without the use of a K1 Visa), and on the other hand, I'm being told it's perfectly LEGAL, so long as my fiancee (who would then by wife) RETURNS to her home country of Canada, and THEN we file for the IR1/CR1.

Just for the record, we were NEVER planning on having my fiancee stay here in the U.S. during the processing of the IR1/CR1. She'd remain in Canada.

My fiancee would have information regarding her ties to Canada--employment records and so forth. What else would be considered "really good" proof that my fiancee would be returning to Canada after the wedding?


There's what the USCIS's website says, and there's what some people here are telling you; it doesn't always jibe.

I'll repeat my recommendation that you contact the USCIS directly and ask them flat-out if what you're planning to do is legal. I'd say it isn't, but I'm not a lawyer.
Kez/JWolf
homesick_american You are giving wrong information..... it is not illegal to enter the USA to get married.... it is only illegal to enter with the intent to remain.... there are 1000's of people who come to the USA to marry each year... many to a USC... there is a whole industry around wedding planning for people from another country...

The OP should make sure they carry enough proof that they intend to return to canada after their wedding... dont lie at POE.... but only answer the questions asked...

Kezzie
homesick_american
QUOTE(Kezzie @ Oct 4 2006, 08:56 AM) *

homesick_american You are giving wrong information..... it is not illegal to enter the USA to get married.... it is only illegal to enter with the intent to remain.... there are 1000's of people who come to the USA to marry each year... many to a USC... there is a whole industry around wedding planning for people from another country...

The OP should make sure they carry enough proof that they intend to return to canada after their wedding... dont lie at POE.... but only answer the questions asked...

Kezzie


The website says that a non-USC planning to marry a USC needs to have a visa. I guess they don't know what their own rules are.
Yodrak
DeadPoolX,

Now that you've finally cleared that up, it's perfectly legal for an alien visiting the USA to get married while on their visit. It is not legal for an alien visiting the USA to remain in the USA when their authorized period of stay in the USA has expired (ignoring for the purpose of this discussion the possibility of requesting an extension).

As to what would be "really good" proof that your finacee would return to Canada after becoming your wife during her visit - damned if I know. Pack light, or as appropriate for the length of stay intended, and don't provide more information than is specifically asked for?

Yodrak

QUOTE(DeadPoolX @ Oct 4 2006, 10:37 AM) *
Okay, now I'm REALLY confused.

On one hand, I'm being told it's ILLEGAL to enter the U.S. with the INTENT to get married (without the use of a K1 Visa), and on the other hand, I'm being told it's perfectly LEGAL, so long as my fiancee (who would then by wife) RETURNS to her home country of Canada, and THEN we file for the IR1/CR1.

Just for the record, we were NEVER planning on having my fiancee stay here in the U.S. during the processing of the IR1/CR1. She'd remain in Canada.

My fiancee would have information regarding her ties to Canada--employment records and so forth. What else would be considered "really good" proof that my fiancee would be returning to Canada after the wedding?




homesick_american,

Quite possible - the people who write blurbs for web sites should be reasonably knowledgable, but they are probably not lawyers.

Further, the person who wrote this particular blurb probably had the same mind-set as many VJers and fail to distinguish between 'marry and stay' and 'marry and leave'. There seems to be an assumption that 'marry' and 'stay' are inseparable, when in fact they are not.

Finally, the advice given by the government cannot be relied on and the government is not responsible for the consequences if someone does rely on it. The Supreme Court has so ruled (folinskyinla).

[EDIT] Finally finally, I suspect that you have mis-stated what the website says, or have taken it out of context. My non-USC wife did not have a visa when we married, and she is not a Canadian, not from a VWP country, nor did she enter the USA 'illegally' (without inspection or undocumented). Everything was done quite properly and legally.

Yodrak

QUOTE(homesick_american @ Oct 4 2006, 11:34 AM) *
The website says that a non-USC planning to marry a USC needs to have a visa. I guess they don't know what their own rules are.
Kez/JWolf
QUOTE(Yodrak @ Oct 4 2006, 10:29 AM) *




homesick_american,

Quite possible - the people who write blurbs for web sites should be reasonably knowledgable, but they are probably not lawyers.

Further, the person who wrote this particular blurb probably had the same mind-set as many VJers and fail to distinguish between 'marry and stay' and 'marry and leave'. There seems to be an assumption that 'marry' and 'stay' are inseparable, when in fact they are not.

Finally, the advice given by the government cannot be relied on and the government is not responsible for the consequences if someone does rely on it. The Supreme Court has so ruled (folinskyinla).

[EDIT] Finally finally, I suspect that you have mis-stated what the website says, or have taken it out of context. My non-USC wife did not have a visa when we married, and she is not a Canadian, not from a VWP country, nor did she enter the USA 'illegally' (without inspection or undocumented). Everything was done quite properly and legally.

Yodrak

QUOTE(homesick_american @ Oct 4 2006, 11:34 AM) *
The website says that a non-USC planning to marry a USC needs to have a visa. I guess they don't know what their own rules are.



Thank you Yodrak... you explained that much better than I could...

Kezzie
sophyie
Thinking about it: I would find it really odd if a USC would not be allowed to marry someone from another country in the US, don't you think so? smile.gif

As long as one sticks to the rules. And as I said, we did ask about that and the consulate in Frankfurt said that it would be possible...

And somewhere in this forum I found a thread about a Canadian- US- couple that got married in the US (and plenty more threats from international couples with one part being USC that got married in the US to do the IR-1/CR-1), can't find it though.

Whatever your decision will be: Good luck! smile.gif
homesick_american
QUOTE(Yodrak @ Oct 4 2006, 09:29 AM) *

[EDIT] Finally finally, I suspect that you have mis-stated what the website says, or have taken it out of context. My non-USC wife did not have a visa when we married, and she is not a Canadian, not from a VWP country, nor did she enter the USA 'illegally' (without inspection or undocumented). Everything was done quite properly and legally.

Yodrak

QUOTE(homesick_american @ Oct 4 2006, 11:34 AM) *
The website says that a non-USC planning to marry a USC needs to have a visa. I guess they don't know what their own rules are.



Well Yodrak, I quoted the USCIS's website verbatim a few posts ago. All I can do is go by what that site says and judging by my interpretation of the information, what he wants to do is illegal.

However, what he ultimately does is up to him and his fiancee and has no effect on me whatsoever, so I'm not going to argue about it anymore. star_smile.gif
Yodrak
homesick_american,

Then you've taken the statement out of context, because it's quite obvious that a non-USC planning to marry a USC does not necessarily need to have a visa.

It's less obvious, but still true, that what DeadPoolX states he and his fiancee want to do is quite legal. Indeed, if DeadPoolX's fiancee were to apply for a K1 visa the consulate would either refuse the application as inappropriate or issue a B2 visa instead. See 9 FAM 41.81 (Fiance(e)s) Notes, N11.

Yodrak

QUOTE(homesick_american @ Oct 4 2006, 12:25 PM) *
QUOTE(Yodrak @ Oct 4 2006, 09:29 AM) *

[EDIT] Finally finally, I suspect that you have mis-stated what the website says, or have taken it out of context. My non-USC wife did not have a visa when we married, and she is not a Canadian, not from a VWP country, nor did she enter the USA 'illegally' (without inspection or undocumented). Everything was done quite properly and legally.

Yodrak

QUOTE(homesick_american @ Oct 4 2006, 11:34 AM) *
The website says that a non-USC planning to marry a USC needs to have a visa. I guess they don't know what their own rules are.



Well Yodrak, I quoted the USCIS's website verbatim a few posts ago. All I can do is go by what that site says and judging by my interpretation of the information, what he wants to do is illegal.

However, what he ultimately does is up to him and his fiancee and has no effect on me whatsoever, so I'm not going to argue about it anymore.


homesick_american
QUOTE(Yodrak @ Oct 4 2006, 10:26 AM) *

homesick_american,

Then you've taken the statement out of context, because it's quite obvious that a non-USC planning to marry a USC does not necessarily need to have a visa.

It's less obvious, but still true, that what DeadPoolX states he and his fiancee want to do is quite legal. Indeed, if DeadPoolX's fiancee were to apply for a K1 visa the consulate would either refuse the application as inappropriate or issue a B2 visa instead. See 9 FAM 41.81 (Fiance(e)s) Notes, N11.
Yodrak


Well Yodrak, it's not obvious to me...but like I said: doesn't affect me, not gonna argue.
*Marilyn*
ok the page you qouted from says this on the top....

QUOTE
How Do I Bring My Fiancé(e) to the United States?


http://www.uscis.gov/graphics/howdoi/fiance.htm

the info on that page is how to move your fiance to the United States...

the OP is not looking to bring his Fiance to The United States at this time..... his fiance plans on coming to the States to visit and get married and then return to Canada.... Then they will apply for A CR1 visa so she can then move to the States....
homesick_american
QUOTE(MarilynP @ Oct 4 2006, 11:15 AM) *

ok the page you qouted from says this on the top....

QUOTE
How Do I Bring My Fiancé(e) to the United States?


http://www.uscis.gov/graphics/howdoi/fiance.htm

the info on that page is how to move your fiance to the United States...

the OP is not looking to bring his Fiance to The United States at this time..... his fiance plans on coming to the States to visit and get married and then return to Canada.... Then they will apply for A CR1 visa so she can then move to the States....


Well...if they're going to do that I don't see why they don't do the K-1/AOS route.
*Marilyn*
the OP explained why here....

QUOTE
We don't really like the K1 or the K3 visas (for a number of reasons, one of which being that she has to spend several months or longer unemployable while within the country). The IR1/CR1 is more to our liking, depsite the fact we'd be seperated and she'd have to go back to Canada after the wedding. The thing we're looking at is the fact that she'd immediately be a permanent resident and able to work once everything was finished processing.
Tim and Bethanie
Any easy way to solve this/make yourself feel better at least is to simply have your fiancee explain she is coming on a visit and do not ellaborate unless ask to. The fact is you can not say for sure you are going to be marrying once she arrives, you have obviously thought about it but there is no guarantee that you will, is there? As the old saying goes, "sh*t happens", so maybe you wont marry at all wink.gif . Soooooo you aren't really lying if you don't tell them you are definetly getting married, there are no guarantees in life. I agree it is not illegal to marry in the U.S if it were they wouldn't let you do it in the first place without a visa.
homesick_american
Buuuuuuuuuuuuuuuuh OK. I give up; though for my own curiosity I'd love a definitive answer to this cos none of this sounds quite right.

I'll file this away with "Why are we here" and "why won't men ask for directions" on the shelf of "Life's Great Questions."

yes.gif
derekkj
QUOTE
We don't really like the K1 or the K3 visas (for a number of reasons, one of which being that she has to spend several months or longer unemployable while within the country). The IR1/CR1 is more to our liking, depsite the fact we'd be seperated and she'd have to go back to Canada after the wedding. The thing we're looking at is the fact that she'd immediately be a permanent resident and able to work once everything was finished processing.


Derek and I did exactly what DeadPoolX is considering for exactly the same reasons. We just couldn't afford to have him unemployed for as long as it would take to get the AOS. So Derek crossed the border, we got married in Vermont by a JP and he returned home 2 days later. We filed our IR1/CR1 a few days later and he finally got approved less than a year later.

I can understand how homesick_american is (mis)reading the USCIS instructions (must be the same people who write the tax codes laughing.gif), but as far as I know Canadians don't need "tourist visas" to cross the border, so that's a moot issue for them anyway. As far as other countries, like Yodrak, Kezzie, and Marilyn have already stated, as long as the fiance is planning to return to their home country after the wedding, I don't think it's illegal to cross the border, get married and then return home. Their intentions are good and they are not attempting to circumnavigate any laws or stay here illegally.

That being said, like Macburt, Derek did not lie to the border guard and didn't offer too much information either. He simply said he was going to Vermont for a wedding. I concur that your fiance should also bring as much evidence as she can that she is indeed returning afterwards. If you are still unsure, you may also want to call the border crossing and see what they say.
DeadPoolX
Okay, this is all GREAT news! biggrin.gif

Now I know my fiancee and I CAN get married within the United States without the use of a K1 visa. Of course, my fiancee will have to bring a number of documents to prove she's returning to Canada. She'd also have to leave the U.S. after the wedding, but that'd be a (legal) necessity in order for us to start filing the IR1/CR1. As I've said before, I don't want to break any laws doing this.

Thanks for all the responses, and information! good.gif
zyggy
QUOTE(DeadPoolX @ Oct 4 2006, 02:12 PM) *

Okay, this is all GREAT news! biggrin.gif

Now I know my fiancee and I CAN get married within the United States without the use of a K1 visa. Of course, my fiancee will have to bring a number of documents to prove she's returning to Canada. She'd also have to leave the U.S. after the wedding, but that'd be a (legal) necessity in order for us to start filing the IR1/CR1. As I've said before, I don't want to break any laws doing this.

Thanks for all the responses, and information! good.gif



I am a former INS Immigration Inspector (now CBP)...

You need to be aware of the following:

1) Even if you all the proof in the world of what you believe means that you have the intention to return to Canada, realize that there are little ties that you could subsequently break if you have the intention of entering and staying in the US when you get married... because of this, the only proof of your intention is what is in your mind and heart... your demeanor, the answers you give to the questions that are asked, etc. go a long way in how the CBP officer is going to react in their redading of what your true intentions are. Be aware that even if you do everything right, you can still be denied entry to the US ... the reason for this is that the the Immigration and Naturalization Act is written such that no alien is permitted entry into the US unless they prove to the satisfaction of the CBP officer that they have no intention of immigrating to the US and will leave by the time their period of authorized stay ends.

A warning... you could be placed through a pretty rigorous interrogation.. don't take it personally.. it's CBP's way of determining what your true intentions are. As long as you are truthful and answer all their questions honestly, you should get out the other side... I can't say this enough... Be honest and truthful in all your dealings with CBP...

I would not be planning any big extravagant event.. it would be a shame if you were not permitted to be there by CBP...

2) Be sure you answer all questions truthfully... answer only what is asked.. but divulge anything that a normal person could be reasonable the answer would be if asked.. failure to divulge key information could be interpreted as a material misrepresentation which results in a permanent ban on entering the US... the worst immigration sin there is is to lie...

For example, calling your fiancee a boyfriend is one example of how something could be defined as a material misrepresentation. Both terms have specific meanings associated with them. Answering a question with one where it should have been the other could have resulted in a different decision in respect to your eligibility for entry to an officer.

3) Yodrak... a Canadian cannot be issued a B visa at any time as Canadians are permitted entry to the US without visa... this is not the same as VWP where the US has chosen to waive the visa requirement. By treaty there is no visa requirement for Citizens of Canada to be able to go to the POE and request entry to the US.

If it makes you feel better bring all the evidence you wish, but in reality its going to be a crap shoot. I believe that you should take a good hard look at your wedding plans and see how they will be effected if one half of the couple is not permitted to enter the US... No one can tell you if you will be sucessful or not, because it all depends on the CBP officer that you get at primary inspection and the officers that you get at secondary inspection...

Good luck.. because luck is what you will need..
DeadPoolX
A two-part question then...

I'm visiting my fiancee (and her family) this Christmas. When the Canadian agents at the airport ask me what the nature of my trip is ("business or pleasure?") and I tell them "pleasure" and they ask more about it, do I divulge I'm going to see my fiancee? Would that keep me out of Canada? unsure.gif

On the second half of the trip, my fiancee and I are headed down to the U.S. to be with my family. I shouldn't have a problem getting through customs; however, when they ask my fiancee the same questions the Canadian customs agents asked me, what should she say? If she says she's visiting her fiance's family, would that keep her out of the United States? ohmy.gif

I don't want to lie when crossing the border. Neither does my fiancee. However, we also don't want to be barred from seeing each other or have our vacation plans ruined this winter. So what do we do?
riblet
Almost all of the advice given so far applies in exactly the same way to visiting (either you or your fiancee - to Canada or the U.S.). There is no guarantee but as long as you have evidence of your continued residence in your own country you will probably be okay.

I personally refused to cross the border with my husband for over a year b/c we had a lot more trouble when we did so, but in August he came down with me for a vacation - he brought a letter from his employer that he had to be back at work on a specific day. We were questioned for several minutes, but then the border guard said we were doing exactly what we were supposed to and let us in. Hope this helps.


QUOTE(DeadPoolX @ Oct 4 2006, 02:59 PM) *

A two-part question then...

I'm visiting my fiancee (and her family) this Christmas. When the Canadian agents at the airport ask me what the nature of my trip is ("business or pleasure?") and I tell them "pleasure" and they ask more about it, do I divulge I'm going to see my fiancee? Would that keep me out of Canada? unsure.gif

On the second half of the trip, my fiancee and I are headed down to the U.S. to be with my family. I shouldn't have a problem getting through customs; however, when they ask my fiancee the same questions the Canadian customs agents asked me, what should she say? If she says she's visiting her fiance's family, would that keep her out of the United States? ohmy.gif

I don't want to lie when crossing the border. Neither does my fiancee. However, we also don't want to be barred from seeing each other or have our vacation plans ruined this winter. So what do we do?

Yodrak
zyggy,

Thanks, so the 1st of the 2 alternatives I postulated would be the outcome of a K visa application (in Canada) - the consulate would simply deny the visa on the basis that it isn't applicable to the purpose of the visit, and no alternative visa would be issued because no visa is required for that purpose.

Yodrak

QUOTE(zyggy @ Oct 4 2006, 06:14 PM) *
....

3) Yodrak... a Canadian cannot be issued a B visa at any time as Canadians are permitted entry to the US without visa... this is not the same as VWP where the US has chosen to waive the visa requirement. By treaty there is no visa requirement for Citizens of Canada to be able to go to the POE and request entry to the US.

......


boboroad
We told the truth, look at our timeline. I am not suggesting to lie, only supply them with enough information to cross. It is legal for her to cross now. Once married, the rules change.
MPGGPM
QUOTE(DeadPoolX @ Oct 4 2006, 04:59 PM) *

A two-part question then...

I'm visiting my fiancee (and her family) this Christmas. When the Canadian agents at the airport ask me what the nature of my trip is ("business or pleasure?") and I tell them "pleasure" and they ask more about it, do I divulge I'm going to see my fiancee? Would that keep me out of Canada? unsure.gif

On the second half of the trip, my fiancee and I are headed down to the U.S. to be with my family. I shouldn't have a problem getting through customs; however, when they ask my fiancee the same questions the Canadian customs agents asked me, what should she say? If she says she's visiting her fiance's family, would that keep her out of the United States? ohmy.gif

I don't want to lie when crossing the border. Neither does my fiancee. However, we also don't want to be barred from seeing each other or have our vacation plans ruined this winter. So what do we do?


Don't lie....you'll be in a heck of lot worse predicament if you get caught.

My wife comes to visit me during this process all the way from Eastern Europe, at about $1,000 a pop. It would be devastating to me if she ever got turned back and I couldn't see her after being separated for several months during the AOS process. It IS an awful prospect......and I would imagine tough for anyone to face.

But at the same time, I have made it clear to my wife each time she has come here to see me...to never lie. I have told her to be honest no matter what, because bottom line, I'd rather be separated from her for a few more months......than face the prospect of not being able to be with her longer, because she ended up lying and getting caught in one...at the POE.

Yeah....having your plans be ruined, and being separated from your fiancee for longer would be hard, but you have to consider the difficult consequences which would be FAR worse if you/she were caught lying while trying to enter.

You have to weigh them against each other and I am sure you will come to the conclusion about which one would be worse.

If it makes you feel better...although no guarantee (and your fiancee and you should be prepared with documents etc)......they might not even ask any questions regarding your exact plans...and chances are they may just ask the usual "How long will you stay?"....and "Are you visiting for business or pleasure?"...etc..

As others have said...be prepared...but don't tell them any more than what they ask.

Yodrak
DeadPoolX,

In the case of closed-ended questions, divulge what the question asks for, nothing more and nothing less.

Be careful with open-ended questions and heed zyggy's guidance - say as much as a 'typical' person would be expected to say without mis-representing.

Yodrak

QUOTE(DeadPoolX @ Oct 4 2006, 06:29 PM) *
A two-part question then...

I'm visiting my fiancee (and her family) this Christmas. When the Canadian agents at the airport ask me what the nature of my trip is ("business or pleasure?") and I tell them "pleasure" and they ask more about it, do I divulge I'm going to see my fiancee? Would that keep me out of Canada?

On the second half of the trip, my fiancee and I are headed down to the U.S. to be with my family. I shouldn't have a problem getting through customs; however, when they ask my fiancee the same questions the Canadian customs agents asked me, what should she say? If she says she's visiting her fiance's family, would that keep her out of the United States?

I don't want to lie when crossing the border. Neither does my fiancee. However, we also don't want to be barred from seeing each other or have our vacation plans ruined this winter. So what do we do?
zyggy
QUOTE(DeadPoolX @ Oct 4 2006, 04:59 PM) *

A two-part question then...

I'm visiting my fiancee (and her family) this Christmas. When the Canadian agents at the airport ask me what the nature of my trip is ("business or pleasure?") and I tell them "pleasure" and they ask more about it, do I divulge I'm going to see my fiancee? Would that keep me out of Canada? unsure.gif

On the second half of the trip, my fiancee and I are headed down to the U.S. to be with my family. I shouldn't have a problem getting through customs; however, when they ask my fiancee the same questions the Canadian customs agents asked me, what should she say? If she says she's visiting her fiance's family, would that keep her out of the United States? ohmy.gif

I don't want to lie when crossing the border. Neither does my fiancee. However, we also don't want to be barred from seeing each other or have our vacation plans ruined this winter. So what do we do?


I can't speak to what the Canadian BPA would do.. but as a whole, they have been a lot more lenient on allowing SO's entry to visit...

On the US... Maybe.. the course of your relationship is creating a bond that makes it more and more likely that you are a risk for overstaying your period of authorized stay. A boyfriend carries a different kind of perceived bond that a fiancee has and lastly a husband has. The more of a bond that you have to the US.. the less you have to Canada. The fact that you are travelling together could make things worse... or better as they can now question you as well...

The answer is yes.. having a fiancee in the US brings greater risk of denial of entry. Entering for the purpose of marrying a USC I would say would bring an almost automatic denial if it came out... But stranger things have happened...


Edit to previous post

QUOTE
2) Be sure you answer all questions truthfully... answer only what is asked.. but divulge anything that a normal person could be reasonable the answer would be if asked.. failure to divulge key information could be interpreted as a material misrepresentation which results in a permanent ban on entering the US... the worst immigration sin there is is to lie...


Should be

Be sure you answer all questions truthfully... answer only what is asked.. but divulge anything that a normal person would be expected to answer.. failure to divulge key information could be interpreted as a material misrepresentation which results in a permanent ban on entering the US... the worst immigration sin there is is to lie...


I really need to read over my posts ... grumble...

DeadPoolX
QUOTE(zyggy @ Oct 5 2006, 07:12 AM) *

I can't speak to what the Canadian BPA would do.. but as a whole, they have been a lot more lenient on allowing SO's entry to visit...

Okay, that's good to know. I only want to visit my fiancee and her family. I have NO intention of marrying her while I am in Canada. I would also bring whatever proof I can as a backup method of proving that I do intend to return to the United States after my visit.

QUOTE(zyggy @ Oct 5 2006, 07:12 AM) *

On the US... Maybe.. the course of your relationship is creating a bond that makes it more and more likely that you are a risk for overstaying your period of authorized stay. A boyfriend carries a different kind of perceived bond that a fiancee has and lastly a husband has. The more of a bond that you have to the US.. the less you have to Canada. The fact that you are travelling together could make things worse... or better as they can now question you as well...

The answer is yes.. having a fiancee in the US brings greater risk of denial of entry. Entering for the purpose of marrying a USC I would say would bring an almost automatic denial if it came out... But stranger things have happened...

Well, my fiancee is NOT entering with the intent to marry me. We just want to have a trip together in the U.S. for New Years. If she brought proof (i.e. flight itinerary, pay stubs, letter of employment, apartment contract, etc.) that she's headed back to Canada after her stay with me, would that enable us to make it through unscathed? Or is it really a crapshoot?

Why would traveling together possibly be worse (or better)? How would traveling together even make a difference? We wouldn't go up to the same customs agent at the same time, and I doubt we'd even be in the same line (aren't there different lines for citizens coming back to their home country and visitors?)

QUOTE(zyggy @ Oct 5 2006, 07:12 AM) *

Be sure you answer all questions truthfully... answer only what is asked.. but divulge anything that a normal person would be expected to answer.. failure to divulge key information could be interpreted as a material misrepresentation which results in a permanent ban on entering the US... the worst immigration sin there is is to lie...

So it wouldn't work at customs for us to refer to each other as "boyfriend" and "girlfriend" then, huh? Yes, I know that, according to what you wrote, that would be a "failure to divulge key information, which could be interpreted as a material misrepresentation." But the real question is: how would they know? I really don't advocate spinning the truth, but just from looking at us, there's no way customs could tell if we're boyfriend/girlfriend or fiance/fiancee without us telling them. In fact, unless they asked, they wouldn't know of any relationship at all!

I'm NOT saying we WOULD do that. I'm just asking, HOW would customs KNOW the difference unless told? They don't have some "magic relationship reader" at hand or whatever.

Well...unless they specifically ask about our relationship, then we won't mention it. Otherwise, the nature of our trip is a "vacation." That's not lying. It is a vacation. My vacation to Canada and her vacation to the United States. If they specifically ask relationship-related questions, then we'll have to say something about visiting and/or traveling with our "fiance/fiancee." I just hope being honest and doing the "right thing" doesn't mess everything up. unsure.gif
Yodrak
DeadPoolX,

None of that stuff is "proof" that she will go back to Canada after her stay. All of those 'ties' can be ended with a phone call, and a lot of people do exactly that.

I think you're confusing Customs with Immigration, and you and she can most certainly go through the same line together.

Immigration officers are probably pretty well trained to 'read' people's speech and behaviours. The words given in answer to many questions may not be of interest, it's the person's speech and behavior in reaction to the question that is of interest. And the immigration officer does not have to 'know' - it's what they believe that will determine.

Ties do not go to the runner.

Yodrak

QUOTE(DeadPoolX @ Oct 5 2006, 03:28 PM) *
Well, my fiancee is NOT entering with the intent to marry me. We just want to have a trip together in the U.S. for New Years. If she brought proof (i.e. flight itinerary, pay stubs, letter of employment, apartment contract, etc.) that she's headed back to Canada after her stay with me, would that enable us to make it through unscathed? Or is it really a crapshoot?

Why would traveling together possibly be worse (or better)? How would traveling together even make a difference? We wouldn't go up to the same customs agent at the same time, and I doubt we'd even be in the same line (aren't there different lines for citizens coming back to their home country and visitors?)

So it wouldn't work at customs for us to refer to each other as "boyfriend" and "girlfriend" then, huh? Yes, I know that, according to what you wrote, that would be a "failure to divulge key information, which could be interpreted as a material misrepresentation." But the real question is: how would they know? I really don't advocate spinning the truth, but just from looking at us, there's no way customs could tell if we're boyfriend/girlfriend or fiance/fiancee without us telling them. In fact, unless they asked, they wouldn't know of any relationship at all!

I'm NOT saying we WOULD do that. I'm just asking, HOW would customs KNOW the difference unless told? They don't have some "magic relationship reader" at hand or whatever.

...
meauxna
QUOTE(homesick_american @ Oct 3 2006, 10:45 PM) *

I'm sorry this doesn't mesh with your plans, but this is what the law states.


I'm sorry, but I think you should read more and post less, or stick to topics that you actually do know something about. This is clearly not one of them (like many of your posts).
True to form, when challenged for your wrong answer, you don't gracefully learn anything but like to <shrug> or say "I don't really care".

You are 100% incorrect on this topic and are steering this poor OP completely wrong.

The definitive answer you seek is: There is a difference between getting married an immigrating.
Kathryn41
I can post our experiences crossing the border while engaged: I lived in Ontario and would drive to Detroit to fly to Atlanta. My fiance would fly to Detroit and I would drive to the airport and pick him up then we would both cross the border together both into Canada and back into the US for his return flight. I was always asked where I was going and responded I was going to the airport to catch or meet a flight to/from Atlanta. I was never asked "is your trip for business or pleasure' but 'what is the purpose of your trip'. I stated I was visiting my fiance for the weekend or week or however long I was going and will be returning Sunday night (or picking him up at the airport). I then offered proof of my flight to and from Atlanta. Most times I was waved through but twice I was sent to secondary. I had a package that had my most up to date paychecks, bills, insurance papers, vet bills for the cats, outstanding health claim, proof of employment, etc., whatever I could bring to show ongoing financial ties and commitments in Canada. I also included a complete copy of the K-1 application. In both times I was allowed to proceed. Another time I was pulled into secondary was when I was going to meet my fiance and pick him up at the airport. I didn't have my full package with me, however, the information was in their computer from the previous times and they cautioned me that even for going to the airport to pick him up I should be prepared to prove my intentions. They told me to stop in at the US immigration side of the border with my fiance before heading back into Canada to 'prove' I was telling the truth, which you can believe we did. My fiance always answered the Canadian immigration authorities honestly saying he was coming to visit me and when asked what our relationship was, he replied that we were engaged. He never had problems with the Canadian border.

I'll end with a cute story. When I finally moved to the States and activated my K-1 visa, my then fiance flew into Detroit, rented a van in which to transport my cats and some of the things not going with the movers, and then drove into Canada. At the border he was asked where he was going and the purpose of his visit. He told them he was going to pick up his fiancee and we were then moving me down to the States and getting married. The border guard got a big smile, waved him through and told him "Go on, Brother! Go, on! Far be it from me to interfere with another man's misery!"
Kez/JWolf
homesick_american

How whould you feel if you came to this forum and were given the wrong information by someone and the result was you going down totaly the wrong path???

You are giving more and more wrong info to people and its not fair to do this.... unless you are 100% sure of your answer and you have expirence of the subject then maybe you should take time to just watch and learn....

Your "Well it don't matter to me" attitude is not being fair to the people who come looking for help...

Kezzie
DeadPoolX
Kathyrn41, thanks for the information. good.gif

It's good to know that, as long as we have our documents that prove ties to the U.S. and Canada, we should be let through to our fiance/fiancee's country. The only bit of evidence we won't have will be the K1 visa application. We have no intention of getting married for a while yet (ours is a long engagement), and even when we do, we may apply for a K1 or perhaps do an IR1/CR1--it depends on how everything works out. Everything else, we should be able to get and have ready, just in case we're asked for it.

Question: How long does "secondary" take? We have a flight that leaves at 11:00 AM, and we probably won't be able to get to the airport until 8:30 AM at the earliest. We need to get our boarding passes (stupid airline won't let us print them out online...), go through regular security and then through U.S. customs.

I'm not overly worried about my entrance into Canada. What I'm concerned about is when my fiancee and I come back to the U.S. for our New Years week-long vacation.

Sorry about the constant stream of questions. I guess I'm just an inquisitive guy. wink.gif
girl 37
QUOTE(DeadPoolX @ Oct 5 2006, 04:17 PM) *

Question: How long does "secondary" take? We have a flight that leaves at 11:00 AM, and we probably won't be able to get to the airport until 8:30 AM at the earliest. We need to get our boarding passes (stupid airline won't let us print them out online...), go through regular security and then through U.S. customs.

It all depends... I've been to secondary several times, and sometimes it takes a couple of minutes, sometimes it takes over an hour. When I went through in Toronto, the waiting room was packed, and it took a long time just to get to talk to the officer. In Edmonton, it took a long time, but that was partly because I was fingerprinted & stuff. Trips to secondary in Vancouver have been very quick and straightforward. Anyway, if you miss your flight, you can re-book, for a $100 change fee, or whatever.

PS. Edited to say, It might not be a great idea for your fiancee to carry her wedding dress. tongue_ss.gif
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