Huge confusion regarding marriage/K1/AoS after speaking to lawyer

[Klam 24]

I just finished a phone consultation with an immigration lawyer (wanted to ask about the possibility of a TN status while an immigration petition was pending) and am left very confused regarding certain matters.  

 

I am a USC living in New York and my fiance is a Canadian citizen living in Toronto.  We are currently planning for her to travel to New York in the next couple weeks on a visitor status, get married, and then have her return to Toronto.  Afterwards, we will file an I-130 with the goal of getting a CR-1 immigration visa via consular processing.  I was just told by this lawyer that this is not possible, and that she needs a K-1 in order to travel to the US for marriage purposes.  This is not my understanding of things at all.

 

Furthermore, she claims that if she were to travel to the US as a visitor and get married at city hall, she could just stay here while we file the I-130, I-485, and adjust status.  My understanding is this is visa fraud and could make huge problems for us.  She states that although she's not supposed to travel to the US with immigration intent, it's not hard for her to just tell USCIS that it was a spontaneous decision to get married and stay here and that they usually don't question this for a USC spouse.

 

I am left very suspicious about this advice as this goes completely against everything I understand about the process.  Could somebody here please clarify?

[CJKylie 161]

3 minutes ago, Klam said:

I was just told by this lawyer that this is not possible, and that she needs a K-1 in order to travel to the US for marriage purposes. 

Dump the lawyer 

[usmsbow 795]

3 minutes ago, Klam said:

I just finished a phone consultation with an immigration lawyer (wanted to ask about the possibility of a TN status while an immigration petition was pending) and am left very confused regarding certain matters.  

 

I am a USC living in New York and my fiance is a Canadian citizen living in Toronto.  We are currently planning for her to travel to New York in the next couple weeks on a visitor status, get married, and then have her return to Toronto.  Afterwards, we will file an I-130 with the goal of getting a CR-1 immigration visa via consular processing.  I was just told by this lawyer that this is not possible, and that she needs a K-1 in order to travel to the US for marriage purposes.  This is not my understanding of things at all.

 

Furthermore, she claims that if she were to travel to the US as a visitor and get married at city hall, she could just stay here while we file the I-130, I-485, and adjust status.  My understanding is this is visa fraud and could make huge problems for us.  She states that although she's not supposed to travel to the US with immigration intent, it's not hard for her to just tell USCIS that it was a spontaneous decision to get married and stay here and that they usually don't question this for a USC spouse.

 

I am left very suspicious about this advice as this goes completely against everything I understand about the process.  Could somebody here please clarify?

 

You're right, she's wrong, except for the part that I put in bold. That is might be true, but do you want to risk it? Also, your future wife would be "stuck" in the US until she got her green card if you did that. She also couldn't work until she got her EAD (work authorization).  

[ItsSunny2Day 17]

Traveling to the US on a tourist visa with the intent to marry in the US is considered fraudulent. USMSBOW is correct, that you can state to USCIS that the decision to marry was spontaneous.

 

Marrying in the USA, and having her return to CA, will cause her to remain in CA until the i-130 is approved and until US Consul approves the DS-260 and issues the new Visa to enter the US (about one year).

Your lawyer is correct, if she was to remain in the US after the wedding, you could file the i-130 and request the AOS. However again as USMSBOW pointed out, your wife would need to remain in the USA until she received her green card, or sought a Advance Parole (permission to temporarily leave the US for a short period of time).

 

 

Edited June 21, 2018 by ItsSunny2Day

[geowrian 22,335]

Agreed...dump the lawyer. Marriage and immigration sometimes intersect but are different matters. You can come to the US to marry on any status, and people marry even when they entered without inspection. Marriage isn't the issue. The issue is coming to the US, marrying, and staying in the US.

 

21 minutes ago, Klam said:

She states that although she's not supposed to travel to the US with immigration intent, it's not hard for her to just tell USCIS that it was a spontaneous decision to get married and stay here and that they usually don't question this for a USC spouse.

Try to get that in writing and see how her opinion changes. Or ask her what would happen if you told CBP about her plan...

Edited June 21, 2018 by geowrian

[ALittleBritish 91]

38 minutes ago, Klam said:

I just finished a phone consultation with an immigration lawyer (wanted to ask about the possibility of a TN status while an immigration petition was pending) and am left very confused regarding certain matters.  

 

I am a USC living in New York and my fiance is a Canadian citizen living in Toronto.  We are currently planning for her to travel to New York in the next couple weeks on a visitor status, get married, and then have her return to Toronto.  Afterwards, we will file an I-130 with the goal of getting a CR-1 immigration visa via consular processing.  I was just told by this lawyer that this is not possible, and that she needs a K-1 in order to travel to the US for marriage purposes.  This is not my understanding of things at all.

 

Furthermore, she claims that if she were to travel to the US as a visitor and get married at city hall, she could just stay here while we file the I-130, I-485, and adjust status.  My understanding is this is visa fraud and could make huge problems for us.  She states that although she's not supposed to travel to the US with immigration intent, it's not hard for her to just tell USCIS that it was a spontaneous decision to get married and stay here and that they usually don't question this for a USC spouse.

 

I am left very suspicious about this advice as this goes completely against everything I understand about the process.  Could somebody here please clarify?

As stated above, she can come to the US and get married to you, and leave again without the K1. I am living in Canada and my husband is in the US. I came to the US, we got married and I returned home, no problem. We're in the CR1 process right now and we've been able to go back and forth to visit one another. 

 

Edited June 21, 2018 by ALittleBritish
Clarification

[mushroomspore 3,043]

44 minutes ago, ItsSunny2Day said:

Traveling to the US on a tourist visa with the intent to marry in the US is considered fraudulent. USMSBOW is correct, that you can state to USCIS that the decision to marry was spontaneous.

 

Planning to marry on a tourist visa and then STAYING in the US to adjust status is fradulent. Simply marrying on a tourist visa is not as many couples come to the US as tourists and spontaneously marry here (especially on the West Coast as we are a popular tourist destination).

[GreatDane 366]

Also, you might have a hard time getting him/her into the country to get married. It's viewed as highly suspicious. Some have no problem, others get turned away at the border. Be prepared for either outcome and don't put a lot of money into planning anything.

[Dashinka 23,241]

Coming here with the intent to get married on a tourist visa is perfectly fine.  The issue is coming here on a tourist visa with the intent to stay.  You plan of getting married here and then her returning and filing the I130 is a good plan as she can visit during the processing and when she does finally get the visa you can plan the move accordingly and she will enter with a GC in hand able to work and travel internationally.  She will just need to be prepared to demonstrate to the CBP officers that she does not intend to stay when she attempt to cross the border, for example, she will need to keep proof of her work or property ties and she should not show up at the border with all her worldly possessions.

 

Good Luck!

[ItsSunny2Day 17]

Seeing MushroomSpore add some more detail/clarity to my original response, I agree with his/her response.

[TNJ17 1,329]

Dump the lawyer. Get married and file for spousal visa. It’s dumb to get K1 for Canadians when they can easily travel back and forth. Don’t lie to USCIS. It will come back to haunt you. You already have immigrant intent and know you wanna get married so she can’t just stay and file for AOS. You’d be lying to USCIS. 

[bakphx1 785]

A K1 is a horrible option.  Terrible advice.  You can marry on a tourist visa, and visits while the CR1 is processing is permissible, but with more static from CBP.

[Cyberfx1024 7,978]

14 hours ago, Klam said:

I just finished a phone consultation with an immigration lawyer (wanted to ask about the possibility of a TN status while an immigration petition was pending) and am left very confused regarding certain matters.  

 

I am a USC living in New York and my fiance is a Canadian citizen living in Toronto.  We are currently planning for her to travel to New York in the next couple weeks on a visitor status, get married, and then have her return to Toronto.  Afterwards, we will file an I-130 with the goal of getting a CR-1 immigration visa via consular processing.  I was just told by this lawyer that this is not possible, and that she needs a K-1 in order to travel to the US for marriage purposes.  This is not my understanding of things at all.

 

Furthermore, she claims that if she were to travel to the US as a visitor and get married at city hall, she could just stay here while we file the I-130, I-485, and adjust status.  My understanding is this is visa fraud and could make huge problems for us.  She states that although she's not supposed to travel to the US with immigration intent, it's not hard for her to just tell USCIS that it was a spontaneous decision to get married and stay here and that they usually don't question this for a USC spouse.

 

I am left very suspicious about this advice as this goes completely against everything I understand about the process.  Could somebody here please clarify?

Never ever talk to this lawyer again at all.

 

You two can get married in the USA and her go back so y'all can file for the CR-1 visa, many people have done this in the past. You just have to be able to present a clear and concise case to CBP when crossing the border that you won't just get married and file for AOS.

 

Technically you guys can get married at city hall and file for AOS after that. But your then wife will be stuck in the USA with no job or support for at least 4-5 months waiting on AP/EAD at that point in time.

[shumway1756 304]

Confusion after speaking to a lawyer... Not surprised. 

 

 

1 hour ago, Cyberfx1024 said:

Never ever talk to this lawyer again at all.

 

You two can get married in the USA and her go back so y'all can file for the CR-1 visa, many people have done this in the past. You just have to be able to present a clear and concise case to CBP when crossing the border that you won't just get married and file for AOS.

 

Technically you guys can get married at city hall and file for AOS after that. But your then wife will be stuck in the USA with no job or support for at least 4-5 months waiting on AP/EAD at that point in time.

Nailed it.

[Mithmeoi 29]

My hubby and I got married here while he was visiting on the vwp, then I chose to go back to Belgium with him while we filed CR1.  It never was an issue for him when he entered the country or at his visa interview.   Lots of people do it.   As someone already said too,  just make sure your fiancee has proof they will return to Canada.