What is best way to go about getting married and filling

[Transam 4]

3 hours ago, RO_AH said:

The OP has never once said that he intended to stay.

He was asking how to go about to file and get a GC. And he was considering an option to cross the border and stay (from his second reply). So I guess unless you wanted to stay you wouldn't apply for GC if that makes sense.

[Going through 5,668]

7 hours ago, Transam said:

He was asking how to go about to file and get a GC. And he was considering an option to cross the border and stay (from his second reply). So I guess unless you wanted to stay you wouldn't apply for GC if that makes sense.

I think the OP is honestly just trying to figure out how to go about things legally if their relationship ever progresses to them actually getting married one day.  With all the info on the internet about green cards, different filing options, adjustment of status, different visas---things get quite confusing very quickly for someone just starting to learn about any process.  Not to mention USCIS's own website can be incredibly confusing at times, considering the massive amount of information one has to read about, remember, and take into account when filing for any application.   There's nothing wrong with him asking questions to ensure what he may be reading/hearing elsewhere is correct and legal.

 

 

[DILAW 94]

I work with a Canadian lady that married an American lawyer.  She works in the USA though and crossed the border everyday.  She got married in the USA and lived with him which tells me they did a K1

[Going through 5,668]

40 minutes ago, DILAW said:

She got married in the USA and lived with him which tells me they did a K1

Not necessarily.  People have adjusted status within the US after marrying on a tourist, student or work visa as well.  In those cases they are allowed to remain and live with their spouse while their case is pending.  They have to prove there was no intent to circumvent immigration law by doing so, however.  And the person has to prove they are not crossing the border with the intent to  marry/stay and file for immigration purposes too.  To do otherwise would be fraudulent....and USCIS is good at finding out if it is/was fraudulent.

 

In the case of the OP, he would be better off with a K1.  

Edited August 2, 2017 by Going through

[DILAW 94]

3 minutes ago, Going through said:

Not necessarily.  People have adjusted status within the US after marrying on a tourist, student or work visa as well.  In those cases they are able to remain and live with their spouse while their case is pending.  They have to prove there was no intent to circumvent immigration law by doing so, however.  And the person has to prove they are not crossing the border with the intent to  marry/stay and file for immigration purposes too.

Yeah, I can't speak for what she did.  I know she used to sometimes say what she was doing was illegal lol because she needed to go back every I dont know how long.  But she married a lawyer so I am sure he knew what they were doing.  She used to live with him for a week then return to Canada and come back a day later to stay with him.  Not sure exactly though the details

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9 minutes ago, DILAW said:

Yeah, I can't speak for what she did.  I know she used to sometimes say what she was doing was illegal lol because she needed to go back every I dont know how long.  But she married a lawyer so I am sure he knew what they were doing.  She used to live with him for a week then return to Canada and come back a day later to stay with him.  Not sure exactly though the details

With a Canadian passport (not any special visa) you can stay up to 6 months outside of Canada as a tourist legally.  So it's not a big deal (to Canada) if she was staying with him for a week and going back and forth like that.  On the American side, if she was legally authorized to work and was employed in the US, they would expect her to be crossing frequently too.

 

If she outright was talking about what she was doing was illegal....then...yeah, I don't think she had a K1 visa before getting married 

Edited August 2, 2017 by Going through

[DILAW 94]

9 minutes ago, Going through said:

With a Canadian passport (not any special visa) you can stay up to 6 months outside of Canada as a tourist legally.  So it's not a big deal (to Canada) if she was staying with him for a week and going back and forth like that.  On the American side, if she was legally authorized to work and was employed in the US, they would expect her to be crossing frequently too.

 

If she outright was talking about what she was doing was illegal....then...yeah, I don't think she had a K1 visa before getting married 

Yeah, I don't know for sure what she was doing.  I know she used to say it was illegal for her to brings fruits from the USA to Canada.  She did say something about she has to show them shes crossing the border. 

[Going through 5,668]

4 minutes ago, DILAW said:

I know she used to say it was illegal for her to brings fruits from the USA to Canada. 

It's only illegal if she didn't declare them at the border.  Generally, they do confiscate it even if you do declare them.  It's not like Canadians can't get the same kinds of fruit sold in America, anyhow *shrug*

 

I think we're probably getting way off-topic now from the original post 

 

OP---please don't be afraid to continue to ask questions.  And please take the time to get to really know your girlfriend before deciding on marriage---since you are so close to the border frequent trips are a good way to do this---keep track of your/her visits and take plenty of pictures, meet each others families and take photos of that too which will also help you build the evidence you will need later on down the road to prove a bonafide marriage.

[Transam 4]

2 hours ago, Going through said:

I think the OP is honestly just trying to figure out how to go about things legally if their relationship ever progresses to them actually getting married one day.  With all the info on the internet about green cards, different filing options, adjustment of status, different visas---things get quite confusing very quickly for someone just starting to learn about any process.  Not to mention USCIS's own website can be incredibly confusing at times, considering the massive amount of information one has to read about, remember, and take into account when filing for any application.   There's nothing wrong with him asking questions to ensure what he may be reading/hearing elsewhere is correct and legal.

 

 

I agree. I just don't want him or anybody to take a chance. Being Canadians, we all enjoy relaxed border crossing and extended stay privilege, which make us easier to have cross border relationships. The privilege that could potentially be taken away with one misdemeanor. I want them to make a good choice and being patient which will deliver less hassle and smooth process in a long run.

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6 minutes ago, Transam said:

Being Canadians, we all enjoy relaxed border crossing and extended stay privilege, which make us easier to have cross border relationships.

I was just reading another thread about proposed changes to immigration laws for legal PR holders the new White House administration wants to put in place...your comment is making me think that one day, relaxed border crossing between US and Canada may come under a microscope too.

Edited August 2, 2017 by Going through