Questions.. Canadian to marry US citizen

[BB_HW 0]

I have been trying to do a lot of research via the dept of state websites, my embassy websites and forums like this one. I am trying to get a clear and definite answer. My fiancee who lives in NJ and I (living in Canada) want to get married in the states. We have filled out the appropriate I-129F forms but we have decided to hold back on sending it until we can figure out what we actually need to do. I have been told that I can simply take a one way flight to the US for a "visit" and on the spur of the moment we can go get married and THEN I can file for my US citizenship. thus bypassing the whole application for a K1 visa, then as long as I dont travel back to Canada, I can stay in the US and apply for my US citizenship. Does anyone have any expirence with this? We are eager to start a family (yay). Naturally I'd like to be with her ASAP. Thanks a head of time for the quick responses.

Edited June 26, 2008 by BB_HW

[KimandRuss 0]

If it was that easy, none of us would be here waiting.

Stating temporary intent at a Port of Entry and then manifesting any intent to stay permanently shortly thereafter is tantamount to misrepresentation at the Port of Entry. That is a violation of immigration law and if it is proven that you entered with that intent there will be serious consequences.

[Saddle Bronc 124]

...I have been told that I can simply take a one way flight to the US for a "visit" and on the spur of the moment we can go get married and THEN I can file for my US citizenship....

Some other myths that rank alongside this one:

• If you get a Canadian passport, you will have an easier time getting a GC (my own, non-VJ story, proves this to be a gross fallacy)
• A Canadian passport gives you automatic right to work in US (let's see: two completely different countries, with different styles of government and holding the passport of one entitles you to work in the other? yeah, right!)

[Steve'sGirl 0]

I have been told that I can simply take a one way flight to the US for a "visit" and on the spur of the moment we can go get married and THEN I can file for my US citizenship.

This sentence alone shows that you're already planning to get married. Entering under the VWP (visit visa) you'd be committing visa fraud under the circumstances described in your post. I would highly recommend that you look into filing for K1/K3/CR, etc.

You're a long way away from filing for US citizenship. Even if you got married during your next "visit", you'd first have to file for Adjustment of Status. Anyone here, please correct me if I'm wrong, but I think that the law currently says that you must have resided in the U.S. for at 5 years before being eligible for citizenship/naturalization.

Whatever you decide to do, all the best for you and your fiancee.

Edited June 26, 2008 by Steve'sGirl

[~Laura and Nick~ 5]

That's fraud. Man if it were that easy...what the heck have I been doing?? LOL

File and get in line like all of the rest of us

I just was approved for my K1 visa this past Friday and I'm moving to New Jersey too!!! It's not that bad. We filed in December so about 7 months.

You have honestly found the best resource on the net in regards to the K1 visa. The forums here are amazing. The Guides will help you step by step on how to file legally so you can be with your fiance. Why chance being banned or even barred from the U.S.? It's just a few months...compared to your whole lives together, it's nothing. Do the right thing, the legal thing and file the appropriate visa and follow the rules.

Visit us on the Canada Regional forum here on VJ.

Welcome and best of luck.

[Ban Hammer 15,203]

I have been trying to do a lot of research via the dept of state websites, my embassy websites and forums like this one. I am trying to get a clear and definite answer. My fiancee who lives in NJ and I (living in Canada) want to get married in the states. We have filled out the appropriate I-129F forms but we have decided to hold back on sending it until we can figure out what we actually need to do. I have been told that I can simply take a one way flight to the US for a "visit" and on the spur of the moment we can go get married and THEN I can file for my US citizenship. thus bypassing the whole application for a K1 visa, then as long as I dont travel back to Canada, I can stay in the US and apply for my US citizenship. Does anyone have any expirence with this? We are eager to start a family (yay). Naturally I'd like to be with her ASAP. Thanks a head of time for the quick responses.

whoever told you that part i've bolded knows about as much about the immigration process as a newborn does about quantum physics. firstly, a one way flight could show intent to immigrate. secondly, you don't just file for us citizenship right after you marry - there is a considerable length of time, paperwork, and money (paperwork filing fees) involved. thirdly, if you were to pull that stunt, you could find your adjustment of status denied and yourself deported and banned from entering the states for years.

Edited June 26, 2008 by charlesandnessa

[Cassie 8]

file the I-129f. Use the time while waiting to tie up loose ends, get paperwork gathered together, spend time with family and friends, save up your money, and prepare for your wedding. It'll probably take 6 months (maybe more, maybe less) to get the visa, then you have 6 months to use it, and then 90 days after you enter the US to get married.

Do it the right way, not the way you described above, which is complete fraud. learn about the process, get educated, and get prepared. You'll be fine.

[BB_HW 0]

I didn't mean to offend anyone by my question. I know it was pretty bleak. But as I've learned, it's better to ask as many questions as possible then not enough. Besides it's better for me to ask a stupid question here instead of taking bad advice and looking stupid in the US. Seemed like a couple responses were insulted a bit. So I apologize for that. Anyway, I'm taking the advice (thanks to everyone) and my fiancee is mailing the I-129f package tomorrow. As stated, this will give me some time to save some more money and more time with my family before leaving.

I do have a follow up question now. While awaiting for the petition to become approved and then the K-1 visa, am I allowed to visit my fiancee using my passport alone? or is it best to stay in Canada and wait? This is a great forum, I'm ever so glad i found it. Thanks again to all.

BB_HW

[~Laura and Nick~ 5]

I didn't mean to offend anyone by my question. I know it was pretty bleak. But as I've learned, it's better to ask as many questions as possible then not enough. Besides it's better for me to ask a stupid question here instead of taking bad advice and looking stupid in the US. Seemed like a couple responses were insulted a bit. So I apologize for that. Anyway, I'm taking the advice (thanks to everyone) and my fiancee is mailing the I-129f package tomorrow. As stated, this will give me some time to save some more money and more time with my family before leaving.

I do have a follow up question now. While awaiting for the petition to become approved and then the K-1 visa, am I allowed to visit my fiancee using my passport alone? or is it best to stay in Canada and wait? This is a great forum, I'm ever so glad i found it. Thanks again to all.

BB_HW

Sorry if it came across as taking offense...sometimes this subject is a sore spot when we see people wanting to just skip all the rules and do it the illegal way when we have waited and waited. Not saying you would have...I'm glad you came here and asked questions to get educated. Many don't and pay the consequences.

As for your question, yes you can visit. You just have to show ties to Canada. You are now intending to immigrate to the States so you will have to show that you intend to return to Canada after your visit. Bring with you a letter from your employer stating when you will be returning back to work after your vacation, pay stubs from that job also help show you are employed there. Bring bank statements, mortgage/rent agreements, visa statements, etc, showing that you still have financial responsibilities in Canada.

When I visited I was totally honest and said I was visiting my fiance. They asked me a few questions about when I filed, when I planned on getting married but never asked for any of my proof that I was returning back home....still...I'm glad I brought it all with me. They let me in no problem.

Best of luck to you and congrats on filing!!!