Marriage without visa app?

[SueE 0]

I am a Canadian citizen who has been dating an American for several years and we just recently got engaged. I have been travelling back and forth a lot (I don't have a visa of any kind). We've set an Aug 2nd date and the wedding is all booked and (mostly) paid for. I haven't bothered with the fiance visa because I have to return to Canada a few weeks after the wedding to start my last year of university. He will be staying in the U.S. for school as well. I thought it would be no big thing to get our marriage license seeing as I am not planning on staying but a friend in a similar situation has told me that I may not be able to get one and, in fact, may be damaging my ability to ever apply for a visa!! I cannot find any information on the web about marrying in the U.S. without intention to apply for residency or citizenship. It seems like an implausible situation (despite the fact that it is true!) and I'm afraid the powers that be will not believe me and let me return to the U.S. for my own wedding!

Help!!!!!!!!!!!!!!!!

Sue.

[Kathryn41 3,207]

It is perfectly legal to get married in the US. What isn't legal is to get married in the US and plan to stay in the US without having the proper visa. The only concern you will have is convincing the border authorities if questioned that you are not planning on staying in the US. So, put together a package of evidence that shows your strong ties to Canada: lease or mortgage documents; enrollment in school; ongoing payments for things like insurance, car payments; bank account records, utility bills (including computer ISP provider bill), contracts or agreements that you have in effect in Canada; letter from the School Registrar if needed verifying your enrollment for the next session/term, etc. Return tickets if you are flying; etc.

You shouldn't have a problem getting the marriage license although it varies from State to State - some require a Social Security Number, although often accept a foreign passport in lieu. Have your US fiance investigate now what is required. When you get to the border make absolutely sure that you don't have additional belongings beyond what you need for that particular trip. Do not lie to the border authority. You can certainly tell them you are going down to visit your fiance and returning on such and such a date. If pressed on visa details you can explain that you plan on applying for a spousal visa after you have finished your education in Canada but it won't be for a while yet. Be confident and be honest.

Good luck.

[pushbrk 14,517]

I am a Canadian citizen who has been dating an American for several years and we just recently got engaged. I have been travelling back and forth a lot (I don't have a visa of any kind). We've set an Aug 2nd date and the wedding is all booked and (mostly) paid for. I haven't bothered with the fiance visa because I have to return to Canada a few weeks after the wedding to start my last year of university. He will be staying in the U.S. for school as well. I thought it would be no big thing to get our marriage license seeing as I am not planning on staying but a friend in a similar situation has told me that I may not be able to get one and, in fact, may be damaging my ability to ever apply for a visa!! I cannot find any information on the web about marrying in the U.S. without intention to apply for residency or citizenship. It seems like an implausible situation (despite the fact that it is true!) and I'm afraid the powers that be will not believe me and let me return to the U.S. for my own wedding!

Help!!!!!!!!!!!!!!!!

Sue.

You can relax and go ahead with your plans but don't be announcing your wedding at the border. Don't lie either. Just give a normal truthful reason for visiting the US like you usually do. Full itineraries are not required.

You'll want to read the numerous threads about visiting during the visa process though. That concern comes later.

[zqt3344 21]

Once you get married in the USA, you are here to stay until you get a GreenCard approved or advanced parole and you leave the USA without one of those and you will not be allowed back in, and if the border patrol catch you doing all this which more than likely they will, you may find yourself never getting to come back to the USA for a long long time. Once you get married in August on that tourist visa you are locked into the USA and cannot leave and travel outside of the USA legally until you apply for and get a GC or advanced parole. Thus you come to USA in August with the intent to get married on your tourist visa and you are committing visa fraud plain and simple.

I am a Canadian citizen who has been dating an American for several years and we just recently got engaged. I have been travelling back and forth a lot (I don't have a visa of any kind). We've set an Aug 2nd date and the wedding is all booked and (mostly) paid for. I haven't bothered with the fiance visa because I have to return to Canada a few weeks after the wedding to start my last year of university. He will be staying in the U.S. for school as well. I thought it would be no big thing to get our marriage license seeing as I am not planning on staying but a friend in a similar situation has told me that I may not be able to get one and, in fact, may be damaging my ability to ever apply for a visa!! I cannot find any information on the web about marrying in the U.S. without intention to apply for residency or citizenship. It seems like an implausible situation (despite the fact that it is true!) and I'm afraid the powers that be will not believe me and let me return to the U.S. for my own wedding!

Help!!!!!!!!!!!!!!!!

Sue.

[aleena 0]

Once you get married in the USA, you are here to stay until you get a GreenCard approved or advanced parole and you leave the USA without one of those and you will not be allowed back in, and if the border patrol catch you doing all this which more than likely they will, you may find yourself never getting to come back to the USA for a long long time. Once you get married in August on that tourist visa you are locked into the USA and cannot leave and travel outside of the USA legally until you apply for and get a GC or advanced parole. Thus you come to USA in August with the intent to get married on your tourist visa and you are committing visa fraud plain and simple.

FALSE!!!!

You ARE allowed to enter on a tourist visa and get married!!! Nobody tells you that you can't get married... And your situation is perfectly understandable if you plan to return to Canada after the wedding. You can aply for spouse visa later. Just make sure that upon your entry in the US for your wedding you have planty of evidence that you are going back. Bring evidence from college that you have one year of study left and other stuff that have been mantioned above.

What you are not allowed to do is enter on tourist visa...get married, stay in the US and adjust status. that is visa fraud! there is no fraud in enetering...getting married and going back!

the only draw back would be that after you are married to a US citizen you will definitely need stong proof at the border if you ever wanted to travel to the US as a tourist.

Good luck

[zqt3344 21]

Ok go ahead and try it and see what happens. Your funeral. What you are encouraging is visa fraud, willful and knowingly with the intent to get married ahead of time on the tourist visa, it was planned and not a sudden spur of the moment thing which is what the exception is for marriage on a tourist visa, thus that means no pre - planned weddings and arrangements.

Once you get married in the USA, you are here to stay until you get a GreenCard approved or advanced parole and you leave the USA without one of those and you will not be allowed back in, and if the border patrol catch you doing all this which more than likely they will, you may find yourself never getting to come back to the USA for a long long time. Once you get married in August on that tourist visa you are locked into the USA and cannot leave and travel outside of the USA legally until you apply for and get a GC or advanced parole. Thus you come to USA in August with the intent to get married on your tourist visa and you are committing visa fraud plain and simple.

FALSE!!!!

You ARE allowed to enter on a tourist visa and get married!!! Nobody tells you that you can't get married... And your situation is perfectly understandable if you plan to return to Canada after the wedding. You can aply for spouse visa later. Just make sure that upon your entry in the US for your wedding you have planty of evidence that you are going back. Bring evidence from college that you have one year of study left and other stuff that have been mantioned above.

What you are not allowed to do is enter on tourist visa...get married, stay in the US and adjust status. that is visa fraud! there is no fraud in enetering...getting married and going back!

the only draw back would be that after you are married to a US citizen you will definitely need stong proof at the border if you ever wanted to travel to the US as a tourist.

Good luck

[rebeccajo 14]

zqt....

Shut up.

It's my goal to shut you down today.

[pushbrk 14,517]

Once you get married in the USA, you are here to stay until you get a GreenCard approved or advanced parole and you leave the USA without one of those and you will not be allowed back in, and if the border patrol catch you doing all this which more than likely they will, you may find yourself never getting to come back to the USA for a long long time. Once you get married in August on that tourist visa you are locked into the USA and cannot leave and travel outside of the USA legally until you apply for and get a GC or advanced parole. Thus you come to USA in August with the intent to get married on your tourist visa and you are committing visa fraud plain and simple.

FALSE!!!!

You ARE allowed to enter on a tourist visa and get married!!! Nobody tells you that you can't get married... And your situation is perfectly understandable if you plan to return to Canada after the wedding. You can aply for spouse visa later. Just make sure that upon your entry in the US for your wedding you have planty of evidence that you are going back. Bring evidence from college that you have one year of study left and other stuff that have been mantioned above.

What you are not allowed to do is enter on tourist visa...get married, stay in the US and adjust status. that is visa fraud! there is no fraud in enetering...getting married and going back!

the only draw back would be that after you are married to a US citizen you will definitely need stong proof at the border if you ever wanted to travel to the US as a tourist.

Good luck

Yes, ZQT3344 yas mixed up some context and given false advise. Marriage in the USA has no impact whatsoever on your ability to travel back to Canada, nor does it make you ineligible to return to the USA. State's don't report marriages to CBP, so the border won't know you married a US Citizen unless you tell them.

There are circumstances under which ZQ's advise is accurate but yours is not one of them. An example would be entering with a fiance visa and then leaving and trying to return without advanced parole or a green card. Another would be somebody who has over-stayed their time allowed on a legal entry.

The potential entry problem to which I referred is the possibility you'll be deemed to have immigrant intent. So, after your marriage, (more specifically after your husband files an I-130 immigrant visa petition for you) you'll want to have evidence of your strong ties to Canada like you mentioned. Your enrollment in the University program, employment and/or lease papers etc. would be good to carry with you in case your intentions are questioned.

Edited June 14, 2008 by pushbrk

[BexandAlan 0]

Ok go ahead and try it and see what happens. Your funeral. What you are encouraging is visa fraud, willful and knowingly with the intent to get married ahead of time on the tourist visa, it was planned and not a sudden spur of the moment thing which is what the exception is for marriage on a tourist visa, thus that means no pre - planned weddings and arrangements.

Please read the original post again. You apparently either don't understand her intentions or you don't understand the visa process, which ever it is the advice you are giving is misinformed. People from all over the world fly to America to get married are you trying to say that they are all committing visa fraud?! It is perfectly legal to get married in the US whether you have a fiance visa or not. What is illegal is going to the US to get married with the intention of staying and by-passing the normal visa process. As the OP stated she is returning to Canada for school after the wedding and intends to apply for a spousal visa once she is in a position to make the permanent move. As long as she is able to prove at the POE that she is just entering the US for the wedding and and intends to (and eventually does) return home she is perfectly within the law.

The only thing I would recommend is checking that you have the relevant documents to obtain a marriage license in which ever state you are getting married. Otherwise you are good to go.

Bex xxx

[pushbrk 14,517]

Ok go ahead and try it and see what happens. Your funeral. What you are encouraging is visa fraud, willful and knowingly with the intent to get married ahead of time on the tourist visa, it was planned and not a sudden spur of the moment thing which is what the exception is for marriage on a tourist visa, thus that means no pre - planned weddings and arrangements.

Please read the original post again. You apparently either don't understand her intentions or you don't understand the visa process, which ever it is the advice you are giving is misinformed. People from all over the world fly to America to get married are you trying to say that they are all committing visa fraud?! It is perfectly legal to get married in the US whether you have a fiance visa or not. What is illegal is going to the US to get married with the intention of staying and by-passing the normal visa process. As the OP stated she is returning to Canada for school after the wedding and intends to apply for a spousal visa once she is in a position to make the permanent move. As long as she is able to prove at the POE that she is just entering the US for the wedding and and intends to (and eventually does) return home she is perfectly within the law.

The only thing I would recommend is checking that you have the relevant documents to obtain a marriage license in which ever state you are getting married. Otherwise you are good to go.

Bex xxx

She doesn't even have to mention the wedding and I would advise against it, to avoid any unnecessary misunderstandings. All she needs to do is go home before she runs out of allowed time in the US. She can enter to visit with the same reasons she uses today. Marriage need not be mentioned at any time.

[zqt3344 21]

Wrong, she never mentioned filing a I-130, just thinking she could travel back and forth in and out after marriage without filing anything and with the intent of getting married while on a tourist visa, what she is going to do technically is visa fraud, but go on try it and see what happens and then try to explain it to CBP or immigration later on, they will eventually catch it and then problems will arise. Good luck.

Once you get married in the USA, you are here to stay until you get a GreenCard approved or advanced parole and you leave the USA without one of those and you will not be allowed back in, and if the border patrol catch you doing all this which more than likely they will, you may find yourself never getting to come back to the USA for a long long time. Once you get married in August on that tourist visa you are locked into the USA and cannot leave and travel outside of the USA legally until you apply for and get a GC or advanced parole. Thus you come to USA in August with the intent to get married on your tourist visa and you are committing visa fraud plain and simple.

FALSE!!!!

You ARE allowed to enter on a tourist visa and get married!!! Nobody tells you that you can't get married... And your situation is perfectly understandable if you plan to return to Canada after the wedding. You can aply for spouse visa later. Just make sure that upon your entry in the US for your wedding you have planty of evidence that you are going back. Bring evidence from college that you have one year of study left and other stuff that have been mantioned above.

What you are not allowed to do is enter on tourist visa...get married, stay in the US and adjust status. that is visa fraud! there is no fraud in enetering...getting married and going back!

the only draw back would be that after you are married to a US citizen you will definitely need stong proof at the border if you ever wanted to travel to the US as a tourist.

Good luck

Yes, ZQT3344 yas mixed up some context and given false advise. Marriage in the USA has no impact whatsoever on your ability to travel back to Canada, nor does it make you ineligible to return to the USA. State's don't report marriages to CBP, so the border won't know you married a US Citizen unless you tell them.

There are circumstances under which ZQ's advise is accurate but yours is not one of them. An example would be entering with a fiance visa and then leaving and trying to return without advanced parole or a green card. Another would be somebody who has over-stayed their time allowed on a legal entry.

The potential entry problem to which I referred is the possibility you'll be deemed to have immigrant intent. So, after your marriage, (more specifically after your husband files an I-130 immigrant visa petition for you) you'll want to have evidence of your strong ties to Canada like you mentioned. Your enrollment in the University program, employment and/or lease papers etc. would be good to carry with you in case your intentions are questioned.

[Kathryn41 3,207]

Just ignore zqt3344 - he habitually misreads and misunderstands posts here on Visa Journey - and often responds from his ignorance with a strong dose of meanness. He is not reflective of the normal individual you will find here, and he is virtually always wrong. I just skip over any responses he makes now because I know they add nothing to the inquiry except misinformation and nothing to the conversation except discord.

SueE, as another Canadian you may wish to join us over on the Canada Forum. There is a wealth of Canadian/American couples over there and among us we have probably experienced almost every situation you can expect when involved in a Canadian/American relationship and the border, including ones similar to yours. Welcome to VJ.

Edited June 14, 2008 by Kathryn41

[pushbrk 14,517]

Wrong, she never mentioned filing a I-130, just thinking she could travel back and forth in and out after marriage without filing anything and with the intent of getting married while on a tourist visa, what she is going to do technically is visa fraud, but go on try it and see what happens and then try to explain it to CBP or immigration later on, they will eventually catch it and then problems will arise. Good luck.

She also didn't mention visiting after the wedding. Her only concern was whether entering for marriage could cause her to be denied at the POE and hurt her chances to ever get the appropriate visa to immigrate.

Her stated plans don't circumvent US immigration laws because she only intends to stay a few weeks.

IMO, what really needs to happen here is that all posts with ZQ's name in this thread need to be made invisible by a moderator. They are dead wrong and simply muddy the waters.

Edited June 14, 2008 by pushbrk

[BexandAlan 0]

FYI zqt . . .

I have to return to Canada a few weeks after the wedding to start my last year of university. He will be staying in the U.S. for school as well. I thought it would be no big thing to get our marriage license seeing as I am not planning on staying but a friend in a similar situation has told me that I may not be able to get one and, in fact, may be damaging my ability to ever apply for a visa!! I cannot find any information on the web about marrying in the U.S. without intention to apply for residency or citizenship.

Maybe the moderators can put a disclaimer in zqts signature, "information contained in this post is likely to be false, please obtain a second opinion..."

Edited June 14, 2008 by BexandAlan

[~Laura and Nick~ 5]

Just ignore zqt (I do almost 99.9% of the time)

You can get married at any time, as long as you plan to return back home and file for the appropriate spousal visa afterwards. It's only when you plan on getting married with the intent on staying that the fraud card gets played.

Trust people like Pushbrk, BenandAlex, Kathryn and RebeccaJo, they know what they are talking about and so do I.

Best of luck to you!!!

Maybe the moderators can put a disclaimer in zqts signature, "information contained in this post is likely to be false, please obtain a second opinion..."

Amen!

I believe he gives out more false and ####### information than anything else and probably has confused and scared away many a poster...hopefully not Sue in this case!!!