AOS In U.S. For Girlfriend from Canada

[Matt n Shannon 3]

Hey My Girlfriend is planning to come Visit in June. I plan to propose to her, and get married. Once we do get married in the U.S. Can I file for Adjustment of Status? I read somewhere else since she is entering the U.S. legally on a visa, she should be able to marry here legally; and I can adjust her status. I'm just looking for insight into this.

Thanks Alot

Matt

[Otto 83]

Hey My Girlfriend is planning to come Visit in June. I plan to propose to her, and get married. Once we do get married in the U.S. Can I file for Adjustment of Status? I read somewhere else since she is entering the U.S. legally on a visa, she should be able to marry here legally; and I can adjust her status. I'm just looking for insight into this.

Thanks Alot

Matt

The visa she will be traveling on (presumably not a fiancé/spousal visa) does not allow for entry with the purpose of remaining/adjusting status. What you have described in intentional visa fraud.

There are those who have done what you described and been successful - on the other hand, there are plenty who have tried and be (very) unsuccessful (with some serious ramifications) - it is not worth the risk of one's future together (future in the US that is). If it were as simple as you described - we'd all probably do it (or have done it).

[Jenni and Bo 0]

Hey My Girlfriend is planning to come Visit in June. I plan to propose to her, and get married. Once we do get married in the U.S. Can I file for Adjustment of Status? I read somewhere else since she is entering the U.S. legally on a visa, she should be able to marry here legally; and I can adjust her status. I'm just looking for insight into this.

Thanks Alot

Matt

Well to do it exactly as you have written down is illegal (believe me, if it was that easy I would have been down here a year and a half ago). If she crosses into the US and gets married that is ok, however if she crosses to get married with the intent to STAY in the US, that is illegal. If you have seen or heard about people doing it this way before, it was if a couple had been visiting and just spur of the moment got married - and then they have to convince Immigration at their green card interview that they had no plan to marry, it just happened.

You are either going to want to apply for a k-1 which is a Fiancee Visa or a K-3or CR-1 Visa, which you can apply for after you're married. Fiancee Visa is the way I went, depending on what province she lives in, she would go to Vancouver or Montreal for her final interview and the whole process takes about 8-12 months. You and her will HAVE to get married in the US after she arrives on that type of Visa. K-3 or CR-1 Visa you would apply for after you had been married. Takes about 9-12 months. Read the "Guides" tab at the top for a bit more information. Just a note that she would still be able to visit the US while waiting for either type of visa, as long as she had proof that she was returning to Canada (therefore no intent to immigrate to the US before her Visa)

As Canadians, may people (including myself) thought that there was a quick and easy way due to our proximity to the US - but this is not the case. But the waiting is worth it. This site is a valuable resource and I really reccomend reading the guides and asking questions before you start anything.

[Goldfee111 3]

well if she only comes with the intent to visit him and has no clue that he wanna propose then she does no visa fraud...because its then a spontaneus marriage...

the intent is that what count when she comes to the us...so if the comes only for a visit and u get married its a sponanteus marriage..but she cant leave us then until she has a ap or greencard....

but if she comes with the knowlegde of getting married....with the wedding dress in the bag...thats visa fraud

[Bobby+Umit 161]

well if she only comes with the intent to visit him and has no clue that he wanna propose then she does no visa fraud...because its then a spontaneus marriage...

the intent is that what count when she comes to the us...so if the comes only for a visit and u get married its a sponanteus marriage..but she cant leave us then until she has a ap or greencard....

but if she comes with the knowlegde of getting married....with the wedding dress in the bag...thats visa fraud

I am not quite sure it's just the person coming in that needs not to have a clue.

A lawyer I talked to said if the USC is planning to "pop" the question, and attempt to AOS, knowing the beneficiary is here on a visitors visa, that can still be considered visa fraud.

(Since the USC is attempting to get around immigration laws.) Depends on who is interviewing you.

Spontaneous marriage is just that. You both are enjoying a visit, few months later, you just have to get married.

Coming to a forum and discussing "what ifs" does not make for spontaneous! More like "planned" to me

And for the record, I had thought maybe Umit and I could do something like this, and the lawyer laid out the above and the damage it could do (bans) - So Umit and I picked the K-1 route.

(She didn't know I was going to propose to her on her visit to the states in August last year and we could of easily did the AOS, but of course, she actually has a life back in Turkey and could not just walk away from it!).

[Eric-Pris 1,607]

A lawyer I talked to said if the USC is planning to "pop" the question, and attempt to AOS, knowing the beneficiary is here on a visitors visa, that can still be considered visa fraud. (Since the USC is attempting to get around immigration laws.)

That's what I was thinking too.

[Wis-Can 0]

A lawyer I talked to said if the USC is planning to "pop" the question, and attempt to AOS, knowing the beneficiary is here on a visitors visa, that can still be considered visa fraud. (Since the USC is attempting to get around immigration laws.)

That's what I was thinking too.

I was thinking the same

[fozzie 41]

I was here for 3 months on a visa waiver, just visiting, seeing if we had something worth pursuing but I never had the ntention of getting married. I decided that was what I wanted and we even spoke to a lawyer who said we could get married and stay. It actually made more sense for me to go back to the uk and work because I could save fast and come back on the K1 (in the days when it only took 3-5 months). If she is working in Canada then it may be better to propose and send her home to get all her affars in order. Thats something USCIS might look at. If she closed off all her affairs before she 'visits' then the might deny the petition. Plus it allows you to plan a bigger better wedding.

[Reba 2]

Yeah, how were you planning on telling her job, her family, and her landlord (if she rents her abode) that she won't be coming back to Canada for a year or more, because you've decided to surprise her with a wedding? If you do that, and try to AOS, she can't leave the US to go sort out her affairs back home until her green card is granted. IF it gets granted! You're running a great risk with this plan of her being deported, and a possible fine for yourself (if not worse) for trying to circumvent the proper immigration processes. Being denied AOS from a tourist status has no avenue of appeal. You're pretty much just out on your ####, and not welcome back.

You may want to rethink your plan I'm afraid. By all means, pop the question, give her the shiny bauble, but then let her go back home to wait out a proper visa process, and plan a proper wedding.

Just a thought.

[Krikit 1,164]

Moving to the Adjustment of Status from Work, Student, & Tourist Visas forum.

[Shelly&Jay 0]

A lawyer I talked to said if the USC is planning to "pop" the question, and attempt to AOS, knowing the beneficiary is here on a visitors visa, that can still be considered visa fraud. (Since the USC is attempting to get around immigration laws.)

That's what I was thinking too.

I was thinking the same

I agree! I've also read that USCIS frowns upon entering on tourist visa and getting married within 30 days. And will view it as fraud. This isn't something you want to mess around with. If it's denied they can deny re-entry for years.