Canadian New to this...

[L & N CanAm 0]

Hello, everyone. 

 

My fiancee and I are new to this process and are excited to get our journey under way. However, we want to be sure we do everything properly and as efficiently as possible. That being said, I'm having a hard time understanding what we can and can't do for our first step. 

 

Little back story here...

 

We met, online, 4 years ago. Since then, I have been crossing the border every 3 to 5 weeks to visit. Always stating that I'm going to visit my girlfriend. I've never had any problems or questions about returning or further intentions.

 

I've read that it's a bad idea to cross the border (I'm from Canada) without mentioning my intentions to get married. I've read that in order to do so, you would need to obtain a K1 fiancee Visa. But from my understanding, that is a visa that one would obtain in order to get married within 90 days and stay in the US for the green card process. What we would like to do is have me go to the US, get married, spend 4 days there and return home to Canada (by myself) just like every other time we've met. Then..from Canada, begin the visa process for an IR-1/CR-1 Visa. 

 

If anyone can tell me if what we want to do is a legal and acceptable way to go about things or if we need to take another avenue, that would be so helpful. 

 

Thank you, 

 

N. 

[Ben&Zian 4,397]

That is perfectly legal to do.

 

Coming to the US with the intent to marry and go back home is perfectly fine.

 

It is coming into the US with the intent to marry and adjust status and stay that is not.

 

You can definately come into the US, get married, spend time together, and then return to the Canada and begin the CR-1 process. You can also continue to visit during the CR-1 process as long as you remain honest and continue to show the same things you do now about returning after your trip.

[DebbieRaney 126]

Yes, you can. Your fiance will have to apply for the I-130 (https://www.uscis.gov/sites/default/files/USCIS/Resources/A2en.pdf)

 

[TBoneTX 42,988]

Thread is moved from General Immigration Discussion to the CR-1 Process forum, on the basis of the OP's query.

[L & N CanAm 0]

This is why I am confused. 

 

Do I or do I not need to apply for the I-130 just to go to the US for 4 or 5 days like I normally do, every month. But this time, get married and then come home (by myself again,) immediately and then start our CR-1 process while still remaining in our respectful countries of origin?

[skaratso 84]

The I-130 is the form filled out for the CR-1 process. Your fiance won't be able to file that until you are actually married, I believe.

[L & N CanAm 0]

So I guess in the most of Layman's terms; do I need any sort of permit to enter the US, get married and come home all within a week?

[kcrb 24]

I just had a friend do this on Saturday, from Mexico. Her fiance crossed the border as usual, went and got married, stayed the night, and returned home to Mexico on Sunday. You do not need any special visa if your intent is to go back to Canada and not adjust status in the US, as that is considered visa fraud. You are perfectly within the provisions of your visa because you do not have immediate intent to immigrate to the US. 

 

If it is any consolation, they spoke with 2 or 3 different immigration lawyers and all gave the same answer. The only thing the lawyers recommended is, do not tell the CBP officer that you are coming to get married, as they will believe that you have intent to immigrate at that moment. 

[L & N CanAm 0]

This is what I thought, kcrb. Thanks for the clarification. I'd rather be safe than sorry. That is the exact process I have been intending to take. 

[Leafsfan 54]

Hello and welcome to the forums.

 

I'll try to offer a little advice, as it sounds like your situation is very similar to my own.

 

Your fiance cannot file an I-130 until the two of you are married and she is your wife. We took this route, as it allowed me to still work in Canada while waiting through the process. From file to finish this was 6 months for us. There was at least 4-6 weeks added on due to the incompetence of an immigration lawyer we had retained, and the difficulty of getting them to return calls. I was still able to enter the USA numerous times to visit, and her to Canada while we waited for the process to play out. I was always fully honest with the CBP officer, and always brought things like: my work ID, my mortgage statement, recent pay stubs, and utility bills to prove domicile, and intent to return to Canada. It was never asked for (land crossing) but is good to have.

 

As far as your intent to marry in the near future, I would also be honest with the border guard about that. Remember that if they think you're lying to them, or find anything in your vehicle showing you're going to a wedding that you didn't tell them about that can have a serious impact on your future admissibility. Be prepared to prove domicile and intent to return to Canada (with documents such as the ones mentioned), bring a work schedule showing your obligations after you intend to return, and bring receipts for rings if they're coming with you. I did just this and communicated my intentions to the CBP officer. Three questions later I was admitted and wished all the best by the officer.

 

Other things to keep in mind for after the I-130 is filed: you're going to have to do your visa interview in Montreal, it's the only place in the country these interviews are done. You're going to have to have your medical done less than 30 days, and at least a week before your interview date to guarantee results. For me, this meant 10 days in Montreal, be prepared for that if you live in another part of the country. Make sure you have a "long form" birth certificate, the old school wallet sized ones won't cut it. Get your vaccination record from the local health unit. Most vaccinations you will be exempt from because of age, but get your tetanus and MMR updated if need be. dTap would be good too. If it's free, take it. Lastly, stay patient and best of luck for the two of you. If you have any questions don't hesitate to message me directly on here and I'll do my best.

 

 

[miho585 2]

I got married in the exact same way as you plan on doing with your fiance. My husband and I got married in the US while I was visiting there, I came back to Canada and started the process of CR1/IR1 application.