Two different stories, one ruined wedding.

[chyiochan 1]

My fiancé is a US Citizen living in Michigan and I am a Canadian Citizen living in Ontario. Our wedding is in 3 weeks.

For the past 5-6 months my fiancé has been making calls to the USCIS and the U.S. Consulate in Toronto. After several inquiries he was told that we had two ways to go about the immigration process. The first way suggested was to file an I-129F form for alien fiancé. We looked into this form more and discovered that once it is filed it goes through two departments, and both when phoned told him they take up to 6 months each to process. Then we were told we had 90 days upon approval to get married. It seemed to us that this form is only for people who are looking to quickly “get hitched” with a Justice of the Peace because with such a large indefinite time window there was no way to plan a wedding.

The other option was to get married and then file a I-130 form. Based off what we were told in these phone conversations, we would be able to enter the USA, get married and then immediately file, and I would be able to live with him while we waited on the form to be processed. He called multiple times just to confirm this was correct because we wanted to do it right and for everything to go smoothly.

Well given the wedding is 3 weeks away, we had planned a 2 week visit to his place to pick out an apartment together and tie up other loose ends. We showed up to the border with car load of my personal things and told the officer we were there to visit for 2 weeks. He pulled us aside into the border office. We explained to them our situation, our intention, and tried to be as upfront and truthful as possible. It was at this moment the story we were told over the phone by the USCIS and Toronto US Embassy suddenly changed. The officer we spoke to said that once I file my I-130 I can no longer enter the US as a guest and must remain in Canada until it is approved. They also refused to give us entry into the US for our 2 week visit because they knew we had the intent to get married soon, and the intent that I wanted to move into the US. We ended up driving 3 hours back to my house that night, with the next 2 weeks of planning ruined.

My fiancé and I are very frustrated for 2 reasons:

1, Up to this point getting information on this entire process has been frustrating. Nobody seemed willing to help over the phone, not a single person we talked to seemed to have all the concrete details about how this all works with a lot of “I think so’s” over the phone. Everyone had a slightly different story, including the very same border we were just refused at when my fiancé asked them last week. So all the preparation we did to make this a smooth process ended up amounting to nothing because none of what we were told held up. If I’m not allowed to live in the US while I’m waiting on paperwork, fine, that’s the way it is. But had I known that was the way things worked we would have made very different plans.

2, We feel like we are being punished for being honest and trying to do things right. The chief at the USCIS said that if I were already in the US and filed my I-130 from over there, I would be allowed to stay until it was approved, but because they knew our intentions of getting married soon (not even within the 2 weeks) they refused us. In other words, had we neglected to mention anything about our engagement or marriage plans, we could have crossed the border fine for two weeks, and then again in 3 weeks I could have crossed, gotten married, and lived with him just like we planned. The only difference is that we were upfront and honest about our intent, and for that we are punished. As we were being directed back across the border in tears yesterday the officer walking us across said he didn’t agree with what they were doing and that it did seem like we were being punished for being honest and trying to do things right.

If there is anything anyone here has done in the same situation like us that could help us or give us pointers to get around this situation, it would be greatly appreciated.

We have already made a list of others to call and what questions and answers we need to ask and get. Anything else would be great. Thank you for taking time reading our problem.

[cherryswife 3]

Filing an I-130 and getting married while on a tourist visa/vwp is only legal if you didn't intend to marry upon entering =[.

You should have been dishonest in this case, and told border patrol you were just vacationing. I am sorry this has happened to you.

[gmjdmj 2]

I am in no way trying to be a jerk but why did you plan a wedding before you knew what your options were?

[mrsjohnsonscat 7]

I am in no way trying to be a jerk but why did you plan a wedding before you knew what your options were?

I think what she's saying is that they were given information or at least the impression, that they could what they had planned without a penalty and once they hit the 'front lines' so to speak, their options changed.

I think we all at one time or another have spoken with person on the phone and have been given advice/suggestions and when we walk in the door, what we were told over the phone 'suddenly' became the wrong advice...and we're out of luck.

That doesn't mean they were at fault for believing what they were told.

Edited October 25, 2009 by mrsjohnsonscat

[gmjdmj 2]

I am in no way trying to be a jerk but why did you plan a wedding before you knew what your options were?

I think what she's saying is that they were given information or at least the impression, that they could what they had planned without a penalty and once they hit the 'front lines' so to speak, their options changed.

I think we all at one time or another have spoken with person on the phone and have been given advice/suggestions and when we walk in the door, what we were told over the phone 'suddenly' became the wrong advice...and we're out of luck.

That doesn't mean they were at fault for believing what they were told.

That makes sense, I guess I am less trusting of what I am being told and do the research to make 100% sure. This process is above and beyond confusing and it took us a long time to find out correct information...It was this website that I am so thankful that we found....

Hopefully, from the members on here, someone can help you find the right direction to go in...Good Luck!

[MonkeyJuice 3]

I'm curious to know how you spoke to the chief at USCIS. I wish I could've spoken to the chief when we were waiting 9 months for our K1 petition to be approved That aside, you were given inaccurate info & you're obviously angry & frustrated. It's a shame you didn't find visa journey earlier...plenty of knowledgable people here.

Your option now is to get married in Canada & file for K3 or CR1 or apply for K1 and get married within 90 days of arriving in US. We got married on 88th day & it was plenty of time to organise a beautiful white wedding. It certainly wasn't rushed because all our friends & family were aware of the visa process & so were given plenty of notice. Good luck

[Wyld Blu 35]

First thing you need to know is that when you call the USCIS, it is a call center. You will get 4 different stories, if you call four different times. It is ridiculous, but it is the way it is.

Next thing you need to do is to get WELL versed in the immigration rules which you can find here on VJ. Look under guides and under the K3/CR1 forum. You can sometimes cross the border on visits, BUT you have to show ties to your country of origin to prove you have no intention on staying until you have your visa. Bringing a car full of belongings does not give the impression your intention is to return. The best piece of advise I can give you is to RESEARCH! You can really screw things up if you don't do things the right way.

Good luck in your journey!

-Blu-

[MonkeyJuice 3]

First thing you need to know is that when you call the USCIS, it is a call center. You will get 4 different stories, if you call four different times. It is ridiculous, but it is the way it is.

Next thing you need to do is to get WELL versed in the immigration rules which you can find here on VJ. Look under guides and under the K3/CR1 forum. You can sometimes cross the border on visits, BUT you have to show ties to your country of origin to prove you have no intention on staying until you have your visa. Bringing a car full of belongings does not give the impression your intention is to return. The best piece of advise I can give you is to RESEARCH! You can really screw things up if you don't do things the right way.

Good luck in your journey!

-Blu-

Maybe someone from the Canadian forum can explain whether you can travel to US during the visa process.

[Inky 1,111]

There is a section for specific help from / for Canadians.

Many people file k-1 visa and have FULL weddings. My friend just did that had a FULL church wedding and it was beautiful, she did it on a k-1.

You need to go through all the guides and information on the website here and post any questions in the canadian forums which will get you alot more help than a call center ever will.

[sachinky 465]

Your options are to get married in Canada and file for a CR1 or K3 (would suggest the former).

Or you can file for a K-1 and enter the U.S. as a a fiance and get married within 90 days.

You cannot enter on a tourist visa with the intent to get married.

I'm sorry this happened to you but you've found a great resource and people willing to help with advice.

Good luck with your journey!

[gmjdmj 2]

Is the fact that he was just turned away at the US boarder going to effect them later? When it asks "have you ever been denied entry?"

[chyiochan 1]

Thanks for the replies.

I didn't talk to the Chief of the USCIS, We talked to the Chief at the Border.

It is very sad that it has happened this way, and now that they think I want to move, I don't think I can even try to enter. They took my fingerprints, and I believe I may have been flagged as a "person attempting to live in the USA".

The reason why we didn't apply for the K-1, was because we wished to get married in this month. We also had people flying in from other states in the USA.

I didn't have a lot of my personal belongings with me. I had clothes for a week time, plus a lot of decorations I was going to work on and prepare while having the visit.

I did have proof that I was going to return, but every time we spoke, it was almost as if they had their mind set.

The ceremony of our wedding was to be held in Ontario. I had paperwork, invitations, and deposit information for the hall and the reception. I also still have a bank account, and my dress still in Canada as well. I don't know if it is useful ties (probably not) but I definitely was going to come back.

There is no way we would even attempt to try this crossing if it wasn't okay'd in the first place. The 4+ times my fiancee has called the USCIS, all the stories and replies weer the same, same with the call to the Embassy in Toronto. We would have definitely done our plans differently earlier this year if we were told the truth from the start.

I know it's no use explaining myself on here, but I just wanted to say whats on my mind. I'm still in shock for whats happened. The Border had stated though they sent out an urgent message to someone higher up than them for a reply, to figure out how we can visit, or at least for me to come for a visit for our wedding day and a few weeks afterwords.

I will look into more information here, and post the same thing on the Canadian board when I have a chance. I am glad we have found this website now.

Before we didn't want to use Non-Government websites, thinking that anything else could have been false or out-dated. We went straight to the source, and we got bummed.

Thanks again!

[Gary and Alla 3,696]

My fiancé is a US Citizen living in Michigan and I am a Canadian Citizen living in Ontario. Our wedding is in 3 weeks.

For the past 5-6 months my fiancé has been making calls to the USCIS and the U.S. Consulate in Toronto. After several inquiries he was told that we had two ways to go about the immigration process. The first way suggested was to file an I-129F form for alien fiancé. We looked into this form more and discovered that once it is filed it goes through two departments, and both when phoned told him they take up to 6 months each to process. Then we were told we had 90 days upon approval to get married. It seemed to us that this form is only for people who are looking to quickly “get hitched” with a Justice of the Peace because with such a large indefinite time window there was no way to plan a wedding.

The other option was to get married and then file a I-130 form. Based off what we were told in these phone conversations, we would be able to enter the USA, get married and then immediately file, and I would be able to live with him while we waited on the form to be processed. He called multiple times just to confirm this was correct because we wanted to do it right and for everything to go smoothly.

Well given the wedding is 3 weeks away, we had planned a 2 week visit to his place to pick out an apartment together and tie up other loose ends. We showed up to the border with car load of my personal things and told the officer we were there to visit for 2 weeks. He pulled us aside into the border office. We explained to them our situation, our intention, and tried to be as upfront and truthful as possible. It was at this moment the story we were told over the phone by the USCIS and Toronto US Embassy suddenly changed. The officer we spoke to said that once I file my I-130 I can no longer enter the US as a guest and must remain in Canada until it is approved. They also refused to give us entry into the US for our 2 week visit because they knew we had the intent to get married soon, and the intent that I wanted to move into the US. We ended up driving 3 hours back to my house that night, with the next 2 weeks of planning ruined.

My fiancé and I are very frustrated for 2 reasons:

1, Up to this point getting information on this entire process has been frustrating. Nobody seemed willing to help over the phone, not a single person we talked to seemed to have all the concrete details about how this all works with a lot of “I think so’s” over the phone. Everyone had a slightly different story, including the very same border we were just refused at when my fiancé asked them last week. So all the preparation we did to make this a smooth process ended up amounting to nothing because none of what we were told held up. If I’m not allowed to live in the US while I’m waiting on paperwork, fine, that’s the way it is. But had I known that was the way things worked we would have made very different plans.

2, We feel like we are being punished for being honest and trying to do things right. The chief at the USCIS said that if I were already in the US and filed my I-130 from over there, I would be allowed to stay until it was approved, but because they knew our intentions of getting married soon (not even within the 2 weeks) they refused us. In other words, had we neglected to mention anything about our engagement or marriage plans, we could have crossed the border fine for two weeks, and then again in 3 weeks I could have crossed, gotten married, and lived with him just like we planned. The only difference is that we were upfront and honest about our intent, and for that we are punished. As we were being directed back across the border in tears yesterday the officer walking us across said he didn’t agree with what they were doing and that it did seem like we were being punished for being honest and trying to do things right.

If there is anything anyone here has done in the same situation like us that could help us or give us pointers to get around this situation, it would be greatly appreciated.

We have already made a list of others to call and what questions and answers we need to ask and get. Anything else would be great. Thank you for taking time reading our problem.

stop calling.

You have a choice. File a K-1 petition (I-129f) and wait for approval, then enter the US and get married within 90 days. It can be a JP wedding and then you can have a big ceremony later. You will then have to adjust status which will take 3-6 months during which time you cannot leave the US or get a job...OR

Plan your wedding, here or in Canada, get married and then file the I-130 for a CR-1 visa. During this time you may visit the US if you have adequate proof you will return to Canada. You cannot "live" in the US until the visa is issued, but you can visit for as long as they allow you to. You cannot work on a visitors entry.

Those are your choices, anything anyone else tells you is wrong. Check the guides here for all the details.

Entering on a visitors pass with the intent to get married AND adjust status is a violation of immigration law. You must have a spouse of fiancee visa to adjust status to permanent resident, work or be able to freely come and go from the US.

[Gary and Alla 3,696]

Is the fact that he was just turned away at the US boarder going to effect them later? When it asks "have you ever been denied entry?"

No. As long as he wasn't smuggling a bale of that good Canadian hydroponic pot. If it was for fear of illegal immigration, no. He can answer honestly.

[MRStee 19]

Thanks for the replies.

I didn't talk to the Chief of the USCIS, We talked to the Chief at the Border.

It is very sad that it has happened this way, and now that they think I want to move, I don't think I can even try to enter. They took my fingerprints, and I believe I may have been flagged as a "person attempting to live in the USA".

The reason why we didn't apply for the K-1, was because we wished to get married in this month. We also had people flying in from other states in the USA.

I didn't have a lot of my personal belongings with me. I had clothes for a week time, plus a lot of decorations I was going to work on and prepare while having the visit.

I did have proof that I was going to return, but every time we spoke, it was almost as if they had their mind set.

The ceremony of our wedding was to be held in Ontario. I had paperwork, invitations, and deposit information for the hall and the reception. I also still have a bank account, and my dress still in Canada as well. I don't know if it is useful ties (probably not) but I definitely was going to come back.

There is no way we would even attempt to try this crossing if it wasn't okay'd in the first place. The 4+ times my fiancee has called the USCIS, all the stories and replies weer the same, same with the call to the Embassy in Toronto. We would have definitely done our plans differently earlier this year if we were told the truth from the start.

I know it's no use explaining myself on here, but I just wanted to say whats on my mind. I'm still in shock for whats happened. The Border had stated though they sent out an urgent message to someone higher up than them for a reply, to figure out how we can visit, or at least for me to come for a visit for our wedding day and a few weeks afterwords.

I will look into more information here, and post the same thing on the Canadian board when I have a chance. I am glad we have found this website now.

Before we didn't want to use Non-Government websites, thinking that anything else could have been false or out-dated. We went straight to the source, and we got bummed.

Thanks again!

I beg to differ. It's really GOOD that you can express yourself on here. Obviously you are frustrated because you feel cheated and lied to. Not to mention all the preperation and planning you put into your wedding. my thoughts to you is seek help in the Canadian form and research cases on this sight where someone might have had similiar circumstances as you. Follow the guidelines here and please DON'T purchase anything else or go futher until you've followed the guides here. I hope this eases your mind somewhat. I know your upset but its time to put that aside and do what you need to do to be with your loved one...