US Citizen marrying Canadian citizen abroad :)

[alangen 0]

I had a horrible knot in my stomach recently. Having found each other (a hard process in itself!) we managed to decide on a date. She being from India (I am originally from there too), both of us decided to tie the knot there. The plan is simple. We leave from US and Canada respectively for our marriage in Sept in India, and she returns to the US since she doesn't need a visa as a Canadian citizen. Then we register our marriage in the county where I reside and file for her permanent immigration (I-130, I think).

I think this is ok but wanted to be safe with USCIS. What if upon landing, at customs she is asked her reason for coming to the US? Is her being married to a US citizen now counted against her even though she is OK to visit for 6 months with a canadian passport? "A non-immigrant cannot come to the US with the intention of immigrating" but the perk of a Canadian citizenship is that you *don't* need a visa to come to the states. Does this change if she is staying with her spouse?

I'm hoping for some clarity on this matter because a) the marriage is happening in 7 weeks, B) it's too late to file for a K1 - it would be irrelevant anyways, once we say "I do", c) I would like her to stay with me while her immigration papers are being filed & worked upon at the USCIS - at least for 6 months allowed by her Canadian citizenship.

We do not care about her working here. Being able to go to school (community college/university) would be nice but primacy is to live together. Thanks for any advice.

[Chica Yeyé 41]

You cannot do that -- she would need a visa to enter since you would already be married (the reason spousal visas exists in the first place).

If you marry in India, you would have to process the visa there and I am pretty sure she would have to interview in India (not too sure on this part). Why not marry in Canada? You can get married there and process in Montreal.

Wherever you marry; you can apply for either a K-3 non-immigrant visa, or a CR-1 immigrant visa. I suggest the CR-1.

[Bobby+Umit 161]

If they allow her in the US for six months after she tells them she just married an USC, and is just going to stay 6 months, then go home for the proper visa to kick in, then that is doable.

I don't think you will make it in stating the above though.

And you do not want to misrepresent yourselves on entering the US.

[Chica Yeyé 41]

If they allow her in the US for six months after she tells them she just married an USC, and is just going to stay 6 months, then go home for the proper visa to kick in, then that is doable.

I don't think you will make it in stating the above though.

And you do not want to misrepresent yourselves on entering the US.

In total agreement --- and I can almost tell you they would deny entry once they hear that.

[Cdnwmn 0]

My husband's friend (USC) tried something like that with his Canadian wife. He was up in Canada with her, brought her to the border to enter the U.S. Customs officer asked where his wife's visa or greencard was and then told them that she wasn't getting in without a visa or greencard. If they attempted it again in future she would have a ban slapped on her.

Edited July 8, 2009 by Cdnwmn

[Kathryn41 3,205]

Canadians are not exempt from following the proper US immigration process. Canadian 'visitors' are allowed to enter for up to 6 months without a visa but your wife is not a visitor - she is an intending immigrant. To enter the country 'as a visitor' with the intent to stay and file for permanent residency is considered visa fraud - and you definitely don't want to go that route. The consequences are not worth it - lifetime ban from ever entering the US.

You will need to follow the proper immigration process and obtain the necessary visa before your wife is allowed to join you in the US.

Edited July 8, 2009 by Kathryn41

[alangen 0]

Thank you *Len*, Bobby_Umit, Kathryn41, Cdnwnm for your kind and quick responses. All roads on the web led me to this forum for help & your responses are doing justice to others' faith in this forum.

Back to us: So a Canadian citizen cannot enter the US if married to a US citizen without a visa, even for a brief period. I understand the logic behind non-immigrants coming to the US under a "visitor" pretext & then staying on but we want to simply utilize the 6-month period offered by the advantage of having a Canadian citizenship of my soon-to-be spouse. To summarize, our options are:

Since our marriage is occurring in India in Sept'09 itself:

a. After taking the flight from India -> USA post marriage, she risks getting no entry into the country because of 'newly married to USC' status

b. we apply for CR-1 visa (form I-130, I-864 (evidence of financial support), and DS-230 parts I and II (application for Immigrant visa)) based on USCIS spousal immigration website (http://travel.state.gov/visa/immigrants/ty...1.html#Applying)

c. Marriage in India is for family & a simple ceremony. It need not be a big factor. We may not even register in India. Can I have her come with me, still as a visitor and simply register our union in the county where I reside? Or I can come back to States a couple weeks earlier, file for her using I-130 -- will customs be OK if we have the process in place & allow her to visit me (no longer than 6 months) in the States?

If we take the low risk approach of B. above, can she visit while it is in process at US consulate in India? We are on "servicemoon" for 1 month there and returning 3-4 weeks after marriage in Sept. If not, how long does CR-1 typically take? Can she return to Canada from India or does she have to stay in the country where it was filed? Can I file for her CR-1 or anything while I am here in the States now and waiting another 7 weeks to go to India? I can do what is required from this end, till the date of the ceremony?

I'm a bit disappointed in that this feels like being straight-jacketed. I understand the reason behind these strict rules but hope for some lenience in the interpretation based on our intent.

Edited July 9, 2009 by alangen

[Kathryn41 3,205]

She is allowed to visit you while you wait for her visa to be processed. The only problem is it will be up to the border guard when she arrives at the border to decide whether he will allow her to enter the US or not - and for how long. US authorities operate under the presumption that every foreigner who arrives at the US border is an intending immigrant. It is the individual's responsibility to prove to the border official's satisfaction that they are only a visitor. They do this by providing evidence that shows their 'ties' to the own country (or country of residence) - things like owning property, having a job and only a specified amount of time authorized away from that job, having a mortgage or lease and ongoing residential expenses that they are maintaining, having financial affairs that require their 'in person' presence to continue, a return ticket for a specific date - things like that. It isn't enough to have just one of these things either - she will need several of them - and even with this evidence there is no guarantee the border authority will allow her to enter, especially if she says she is planning on staying for 6 months.

Your best plan would be for her to return to Canada, for you to file for the appropriate visa, and for her to visit you for 'shorter' periods of time.

If the marriage is legally recognized in India, it is legally recognized in the US. There is no need to 'register' it. You do need to provide proof of the marriage, however, with the I-130 petition.

Edited July 9, 2009 by Kathryn41