What is best way to go about getting married and filling

[SabRob 154]

1 minute ago, guggs19 said:

I would like to keep my job as long as possible, however, i do not mind to lose it. I am working in the niagara area and she is lives in buffalo so it does not seem that far. so best thing is to get married in canada she goes home and files, what do i tell border guards after she has filed. i am visiting my wife or gf?

Wife ofc. 

[kat.cap13 233]

13 minutes ago, SabRob said:

You can visit during the process. My husband and I visited and I was there for 5 months during the process. 

 

Your best bet is probably a spouse visa since you get a green card and can get a job/us driver's license etc right away.

Yes or if you aren't ready to get married right away, your girlfriend can file the K1 visa. Whatever works - but get started on the paperwork asap as it can take awhile to compile the documentation.

 

As for crossing over on a B2 status with a visa pending - always be honest with the officer. If your married let them know your visiting your wife, if you aren't married you're visiting your girlfriend. Be prepared to show the officer strong ties to Canada as it's common questioning if you have a visa pending. 

[luv2teach77 41]

Can I clarify one point please !!

 

Coming to the US from another country with the pre-determined plan to to get married to a US citizen is absolutely, 100% legal.

 

HOWEVER... planning to remain in the US beyond the time allowed by your non-immigrant visa (tourist / work / student) and / or filing to adjust status as a result of that marriage while remaining in the US will almost certainly be considered visa fraud and open you to a high level of additional scrutiny if the application even gets to the adjudication stage.

 

As has previously been mentioned, there are multiple visa options open to you but none of them will allow you to marry and remain in the US for the entire process.  In most cases, visiting the US from another country is still permitted during the visa application process but care should be taken to not be seen to be abusing this right.  Your USC fiancee / spouse will also be free to visit you in Canada per the rules and regulations set out in her tourist visa.

 

Trying to bend the rules or work the system to your advantage will likely cause you more trouble and time than deciding on an approved immigration path and working around its inherent restrictions.

 

Good luck.

 

Mark

[Dan Jr 22]

1 hour ago, guggs19 said:

Hi,

 

I am a canadian citizen and my gf and I have been dating for over a year now. I work in Canada but on a border town and she works/lives about 30 minutes from where I work. Does anyone have advice on the best way to go about marry my gf? Is it best to just cross over and get married on a random day and then file? Also we were informed I could do a two step process, get married, come back and continue to visit her until visa is approved. I know this may run me the risk of not being able to re enter once a visa is pending. Secondly, would it best to get married, file and just stay in the US until all the documents are received?

 

Any one have any info or advice?

Also what forms are best to fill out i was going to fill out the spousal application plus the advance parole to try and allow me to keep my job

Hi. I'd say it all depends on your needs. I had the same issue a couple of months ago. I'm a US citizen living in San Diego (border city) and had been dating my then boyfriend for six years who lives on the other side of the border. We also live like 30 mins apart (he has a tourist visa). So we decided to get married in California and he got back to Mexico and file the I-130 while he is outside of the country. We decided this was the best option since he's finishing his psychology internship in Mexico and we get to see each other very often. He crosses the border to visit me in California every weekend and hadn't had any issues so far. I assume most people choose to just stay in the US because they don't have the opportunity of seeing their significant other as often as we do. Good luck!

[guggs19 2]

5 minutes ago, kat.cap13 said:

Yes or if you aren't ready to get married right away, your girlfriend can file the K1 visa. Whatever works - but get started on the paperwork asap as it can take awhile to compile the documentation.

 

As for crossing over on a B2 status with a visa pending - always be honest with the officer. If your married let them know your visiting your wife, if you aren't married you're visiting your girlfriend. Be prepared to show the officer strong ties to Canada as it's common questioning if you have a visa pending. 

I think that is thhe best option, i cross almost every weekend and have never had a problem, we are ready to get married in the next few months. I do think getting married in ontario is better, but would make more sense to do it in ny. i guess i can get married come back have her file and then continue to try and cross until the visa is done. My other suggestion is it still consider fraud if we just to decide to get married on a whim on a vacation or some sort? i still dont know how i can get married in ny without it being fraudulent and thats what im trying to decide.

[geowrian 22,335]

Just now, guggs19 said:

I think that is thhe best option, i cross almost every weekend and have never had a problem, we are ready to get married in the next few months. I do think getting married in ontario is better, but would make more sense to do it in ny. i guess i can get married come back have her file and then continue to try and cross until the visa is done. My other suggestion is it still consider fraud if we just to decide to get married on a whim on a vacation or some sort? i still dont know how i can get married in ny without it being fraudulent and thats what im trying to decide.

You can get married anywhere and it's not fraud. However, you cannot enter the US with the intent to stay / file for AOS.

[guggs19 2]

1 minute ago, Dan Jr said:

Hi. I'd say it all depends on your needs. I had the same issue a couple of months ago. I'm a US citizen living in San Diego (border city) and had been dating my then boyfriend for six years who lives on the other side of the border. We also live like 30 mins apart (he has a tourist visa). So we decided to get married in California and he got back to Mexico and file the I-130 while he is outside of the country. We decided this was the best option since he's finishing his psychology internship in Mexico and we get to see each other very often. He crosses the border to visit me in California every weekend and hadn't had any issues so far. I assume most people choose to just stay in the US because they don't have the opportunity of seeing their significant other as often as we do. Good luck!

I have the same luxury you have we are not that far apart.

8 minutes ago, luv2teach77 said:

Can I clarify one point please !!

 

Coming to the US from another country with the pre-determined plan to to get married to a US citizen is absolutely, 100% legal.

 

HOWEVER... planning to remain in the US beyond the time allowed by your non-immigrant visa (tourist / work / student) and / or filing to adjust status as a result of that marriage while remaining in the US will almost certainly be considered visa fraud and open you to a high level of additional scrutiny if the application even gets to the adjudication stage.

 

As has previously been mentioned, there are multiple visa options open to you but none of them will allow you to marry and remain in the US for the entire process.  In most cases, visiting the US from another country is still permitted during the visa application process but care should be taken to not be seen to be abusing this right.  Your USC fiancee / spouse will also be free to visit you in Canada per the rules and regulations set out in her tourist visa.

 

Trying to bend the rules or work the system to your advantage will likely cause you more trouble and time than deciding on an approved immigration path and working around its inherent restrictions.

 

Good luck.

 

Mark

So Mark, just a question how do you get married in the us? how can i go about doing that without it being fraudulent - minus the finacee visa

[Dan Jr 22]

7 minutes ago, guggs19 said:

I have the same luxury you have we are not that far apart.

So Mark, just a question how do you get married in the us? how can i go about doing that without it being fraudulent - minus the finacee visa

I don't think it's fraud as long as you don't overstay your visa. I think it's like 6 months for Canadians? It would only be considered fraud if you cross to NY, get married, and then stay there longer than 6 months. Would someone in this thread second that just to make sure? Thanks. 

[TBoneTX 43,020]

Multiple posters in this thread are recommending a fraudulent option and need to knock it off now.  OP, do not pay that recommendation any heed.

 

Thread is moved from the CR-1 Case Progress subforum to the "What Visa Do I Need" forum.

[Dan Jr 22]

1 hour ago, Roel said:

Just look up the guides on the website and see what will fit you best.

1. US citizen file K1 fiance visa. You have to get married in the US after you get your visa. Can't leave the country until you receive either travel permit or green card. Takes about 6 - 8 months to get K1 visa. After wedding, about 3 - 4 months to receive travel permit and work permit after you send out AoS paperwork. It's about a year to get a green card.

2. You marry in Canada. US citizen file CR1 spouse visa. Takes about a year. You can visit each other during the process. You can travel and work right away after arriving in the US.

3. You marry in US. You go back to Canada. US citizen files CR1 spouse visa. Takes about a year.

 

There has been countless topics like that. Especially regarding US/Canada.

 

edit: You cannot move to the US with the intention to get married AND apply for the green card through the adjustment of status. That's visa fraud.

Hi Roel, just to make sure; with option 3, he could still visit his girlfriend in the US during the process with his tourist visa right? 

[luv2teach77 41]

15 minutes ago, guggs19 said:

I have the same luxury you have we are not that far apart.

So Mark, just a question how do you get married in the us? how can i go about doing that without it being fraudulent - minus the finacee visa

Marriage license requirements and the timeline needed to apply for one vary by state but off the top of my head you could fly to Vegas and get married in a wedding chapel there which may require as little as 24 hours between applying for a marriage license and actually getting married.  That timeline will vary by state but I would assume your girlfriend could apply for a marriage license in New York state and you guys could get married at a city hall or registry office during one of your visits.  As long as you return to Canada afterwards, there is nothing illegal in doing that.

 

Below is the info for marriage licenses issued in Las Vegas.

 

http://www.clarkcountynv.gov/clerk/services/Pages/MarriageLicenses.aspx

Edited August 1, 2017 by luv2teach77

[guggs19 2]

6 minutes ago, luv2teach77 said:

Marriage license requirements and the timeline needed to apply for one vary by state but off the top of my head you could fly to Vegas and get married in a wedding chapel there which may require as little as 24 hours between applying for a marriage license and actually getting married.  That timeline will vary by state but I would assume your girlfriend could apply for a marriage license in New York state and you guys could get married at a city hall or registry office during one of your visits.  As long as you return to Canada afterwards, there is nothing illegal in doing that.

 

Below is the info for marriage licenses issued in Las Vegas.

 

http://www.clarkcountynv.gov/clerk/services/Pages/MarriageLicenses.aspx

NY has a 24 hour waiting period, in essence how does that work, you apply, you then have to wait 24 hours and then you go to city hall and get mairried. .i was a little confused by that..

Just now, guggs19 said:

NY has a 24 hour waiting period, in essence how does that work, you apply, you then have to wait 24 hours and then you go to city hall and get mairried. .i was a little confused by that..

 

7 minutes ago, luv2teach77 said:

Marriage license requirements and the timeline needed to apply for one vary by state but off the top of my head you could fly to Vegas and get married in a wedding chapel there which may require as little as 24 hours between applying for a marriage license and actually getting married.  That timeline will vary by state but I would assume your girlfriend could apply for a marriage license in New York state and you guys could get married at a city hall or registry office during one of your visits.  As long as you return to Canada afterwards, there is nothing illegal in doing that.

 

Below is the info for marriage licenses issued in Las Vegas.

 

http://www.clarkcountynv.gov/clerk/services/Pages/MarriageLicenses.aspx

can you explain to me how that works?

[Transborderwife 4,666]

I'd recommend getting a nexus card before applying for a visa.  It will make crossings easier 

[luv2teach77 41]

9 minutes ago, guggs19 said:

NY has a 24 hour waiting period, in essence how does that work, you apply, you then have to wait 24 hours and then you go to city hall and get mairried. .i was a little confused by that..

 

can you explain to me how that works?

I would assume that is how it works.  Essentially you can't get a marriage license and then get married the same day in New York state.  However, based on the info related to Las Vegas, marriage licenses are issued the same day there, enabling you to proceed with the ceremony immediately.

[guggs19 2]

3 minutes ago, Transborderwife said:

I'd recommend getting a nexus card before applying for a visa.  It will make crossings easier 

i do have one !