Two different stories, one ruined wedding.

[Abby62 23]

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.

Really? I had no idea, and how long does it take "typically" these days until you get such visa? So a couple can get married today and the spouse continue to work and live in Canada until the CR-1 visa is approved. There is no guarantee that they will let you into the USA once you tell them the situation though I'm assuming?? I can still show them all of my ties to Canada, but I could be denied entry though right? Sorry, i'm just really curious about this process.

Thanks

[NatPatBen 3]

I didn't read all of the responses, so this may have already been posted...

Regarding your question on how someone could plan a wedding within that 90 day window, without knowing in advance when that 90 day window: I'd suggest getting married via justice of the peace during those 90 days, and planning your dream wedding.

We're getting married by a justice of the peace within the 90 days, then having a small reception for family/close friends. But a year later we're having the BIG celebration [in Jamaica]. That way, I have plenty of time to plan without worrying about that 90 days.

[rebeccajo 14]

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.

The OP states fingerprints were taken. We do not know if there was a notation made in a passport.

Without that - we don't know the answer.

[grinchus 11]

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.

Hi ambermiele,

When my fiance' and I got engaged we considered both options as well, whether to get married in Italy and go the K-3 (spouse) visa route or go the K-1 (fiance') visa route and get married here. For us the K-1 was better not because we wanted to "get hitched" quickly, but because in our case it was the route that was going to take the least amount of time. We would not have been able to get married until December 2009 anyway, and so the K-3 visa paperwork would only start after then, whereas the K-1 visa paperwork would start as soon as we wanted it to after our engagement. In fact, we filed in late April and we got approved 2 weeks ago, and now he has his ticket to come in early January - and we'll get married within the 90 days after his POE. Now, both my fiance' and I are definitely Justice of the Peace types anyway so not having a huge wedding is actually in our plans, but as people have said in this thread, you can have a civil wedding just to stay within the law and the 90 day time line, and then have a big wedding later.

You are correct that this route is not the one to take if you're trying to plan a big wedding. But setting a date for a wedding is difficult with any immigration case because you simply have no control over the vicissitudes of immigration bureaucracy. With the K-3 you do have more control over the wedding date part, but then your spouse has to return home to wait for the visa to come through, so you get to be newlyweds living in different places, which is not very satisfying, to say the least.

I'm sorry you did not get a clear answer from the USCIS, but with this kind of stuff you shouldn't take anyone's word for how long things are going to take. Every case is different, and until you have the visa in hand there's no saying for sure how long the process is going to take.

Since your wedding is 3 weeks away, it looks like your only choice is to get married (hopefully in Canada b/c as others have said, you can't come in on a tourist visa and then get married, which is illegal and might cause you problems during the visa process) and then do the K-3 visa route.

Good luck you you!

[lyekka 5]

As for thinking you dont have time to plan a wedding while doing the k1 process........well youre wrong. Thing is, once the visa is stamped at or right after your interview, you then have 6 months to enter the us, and then another 90 days to get married. We have actually been planning our wedding for the last 6 months, we just got packet 3 and as soon as his visa is approved and stamped, we will set certain dates and send out invites. We are doing all this being half a world away from each other. It doesnt matter how close or how far apart you are, if you time it right you dont have to go down to the court house to get hitched. Im a wedding photographer, and even though we are doing this via the k1 process we will have a way better wedding than all the ones i shot this season. Good luck to you, its going to be a long wait, or maybe not depending on how the papers get pushed.

I also have to state, that this is in no way the fast way to do it to "get hitched" quickly......trust me all of us that are waiting on our k1s to be approved know that.

Edited October 26, 2009 by lyekka

[Kathryn41 3,205]

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.

I will remind everyone that it is a violation of the Terms of Service for VJ to promote, encourage or suggest illegal immigration activities. Lying to immigration officials is considered misrepresentation and brings with it a life time ban from ever entering the US - definitely NOT an action to recommend pursuing from an immigration perspective or a VJ perspective.

[Kathryn41 3,205]

I would also like to correct some misinformation. It is not illegal to enter the US with the intention of getting married and then getting married. That is perfectly legal. What is illegal is to enter the US with the intention of getting married, getting married and then staying in the US to apply to Adjust Status. That is considered visa fraud as you are using a visa meant for one purpose (visitor) to gain an immigration benefit supplied by another more difficult to obtain visa (CR-1/K-3). It is perfectly legal to enter the US planning to get married and getting married as long as you also intend to pursue the proper immigrant visa through the proper channels (CR-1/K-3) through the appropriate US Consulate.

You can visit the US while you have a CR-1 visa in process - many Canadians have done so. You need to provide good evidence of ties to Canada that make a strong case that you need to return to Canada to take care of those responsibilities - ie having a job with an expected date of return, having ongoing financial responsibilities for accommodation (ie mortgage, rent/lease, utilities, telephone, insurance, etc.), attending a college or university with scheduled classes, having young children or pets dependent on you remaining in Canada while you visit, having a return ticket, things like that. It is always up to the border authorities on every single visit - including ones with a visa - whether or not you will be allowed across the border. The better you can convince them you are not an immigration risk the more likely they are to allow you to cross. Carrying a copy of the CR-1 application has also proved beneficial for many visiting Canadians as well.

[Mo_Mati 2]

So sorry that this happened to you. Immigration can be an incredibly frustrating process, which can often start with getting correct information from people we assume should have that information. I do not doubt for a second that you were given mis-information from USCIS and the embassy although you really thought you were going about everything in the right way. That is what makes VJ, a non-governmental third party to the system, so useful. It is actually based on collective knowledge of real people's experiences. You will find a wealth of information here that you would not be able to figure out through direct contact with the gov. It seems counter-intuitive, but it is true.

And yes, sometimes it can seem crazy and ridiculous that immigration law can be hinged on the immigrants' intent when crossing the boarder. As you said, if you had not told boarder control what you had, this story could have ended differently. Yet, the reason it is so important is because it can establish mis-representation (lying at the boarder) and/or did you use the right paperwork to get into the US to begin with. VWP/visitor visas/crossing the boarder for a visit from Canada are essential non-immigrating form of entering the country. Hence, the need to now go through the CR-1 or K-1 processes to obtain a visa for the purpose of immigrating.

You will figure out the next steps! Good luck on your journey

[Nik+Heather 121]

I dunno, if she's already been flagged as having immigrant intent, I don't think they will let her enter on a tourist visa (visa OR VWP) any longer. Also, it sounds like the wedding is planned for Ontario? Did I read that right? So the wedding itself isn't shot completely either. They can get married in Canada as planned, but the part of the plan which is ruined is her going back to the States right away with her new hubby.

I get that it can be really disappointing, Amber, to have planned all these things and then have such a big change, but this is recoverable. Just a little more time apart is all. We all understand how hard that can be. :-/

We can tell you more about the K1 visa if you like, but I see the CR-1 as being the most fitting for your situation right now anyway.

[Old Dominion 26]

The governments of both countries are about the same. One deals with them in writing, not on the phone. There is no "customer service" department in the business sense of the word.

[MapleLeafBaby 1]

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.

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.

I will remind everyone that it is a violation of the Terms of Service for VJ to promote, encourage or suggest illegal immigration activities. Lying to immigration officials is considered misrepresentation and brings with it a life time ban from ever entering the US - definitely NOT an action to recommend pursuing from an immigration perspective or a VJ perspective.

I'm glad someone caught that...who gives advise against the terms of the site to lie? very poor advise

[Danu 19]

First off, I am very sorry that you're feeling so stressed out and that you were given wrong information. Your wedding doesn't necessarily have to be ruined if its going to be in Ontario though, you can still do it and then apply for a CR-1 (or K3 but most ppl are opting for CR-1 due to the ability to work once you move). If they allowed you to withdraw your attempt to enter the country you shouldn't have an issue getting a visa, you would just have to state the fact once you get to that part and they ask if you have ever been denied entry and tell them just what you said here. Theres a lot of people who have been denied entry on similar grounds and are now in the states. It does very much suck that you were given wrong advice and that your plans now need to be changed, but I'm sure you can get through it. Definately stop by the Canadian section, theres lots of us there and some who have been through similar situations who can give you advice and guidance. I hope if you are still going through your wedding that it goes beautifully and is less stressful than this experiance has been.

[Lona.C. 16]

omg wow that brings back memories , same thing happend to us before we started the k1 i use to go to visit every other month till some boarder guard told us we could get married in the states now and save all the left and right travelling to be together ,

luckely i had kids in canada who depended on me to return at that time ,

thats what i told the guard then he mentioned the K1 ( he didnt say anything about the K1 before i told him I have to return to canada )

i looked it up and found VJ did a lot of reading and asked alot of questions here we found out the guard was wrong to advice us to get married here since he already knew we where engaged ( am so glad we didnt listen to him and so thankful for the people here on VJ )

right after we filed the I 129f they almost denied entry luckly i had a copy of the NOA 1 with me proving we did file for the correct visa ,

i showed them lots of prove that I had every intend to return to canada ,

they let me trough but told us there will be a flag and to bring more prove of intent to return to canada,

so we desided it would be saver for me to take the train and always show the return ticket as prove ,

which we did till our visa was aproved ,

anyhow long story short i agrea with the others who said you can still have a great wedding with the K1 ,

and also since you planned to have the wedding in canada its not a total lost ,

you can still get married as planned then file for Cr1 and visit while the visa is in process just make sure you bring suporting documents showing you have to return to canada ,

[CBR 0]

This exact same thing happened to us in June 2007. We were given the same misinformation by the same misinformation line at the USCIS. I knew a girl at the time that had recently married her Jamaican hubby, he came to the US for the wedding and stayed during AoS and they got away with it. At the time I had no idea this was wrong. I didn't understand why there were fiance and spousal visas though, so I called USCIS two different times and got the same answer both times that my fiance could come to the US with me, we could get married and that the US allows for spouses of american citizens to remain in the US during AoS. We were stopped at the border, questioned, he was fingerprinted and his picture was taken. We were told he needed to prove strong ties to Canada so we went back to retrieve the papers they requested. We were once again denied and given yet another list of papers to bring. We did this the next month and were denied yet again and told that if he tried again he'd be banned from the US. We were in total shock during this whole thing. We knew nothing about immigration. Hadn't found VisaJourneys yet. Other websites did NOT explain the process well at all. Plus we had been told by USCIS people themselves that it was ok. How were we supposed to know that they were clueless. The people at the border were no better at explaining things. They TOLD us to bring back paperwork and then threatened to ban him for doing so. It's really ridiculous and I felt the same frustration you are feeling right now.

Anyway, long story short, we also had our wedding planned, honeymoon to Disney was paid for and ALL of it was cancelled. It was awful and one of the worst times of my life. We were devastated. We filed the k-1. In order for us to see each other for the 11 months it took from filing to interview date I had to visit him. It was difficult for me. I have 2 kids, a full-time job and was going through a bankruptcy (post divorce aftermath). I was flagged, so everytime I returned to the US after visiting him, I was pulled in for questioning. It ws always fine, but one of the times my kids were with me, they were terrified and all of our bags were opened and contents thrown all over our vehicle. Nice treatment, huh?

At the interview, they knew about the 3 border denials...all the info was in the computer. The guy said it's common for that to happen, and deleted all of it.

We had our wedding in July 2008, went on our Disney honeymoon and are currently USCIS-free, until time to lift conditions. You will get there. It's a long road no matter which route you choose (fiance or spouse visa). You've already been given good advice here. You won't find better information anywhere else and that includes attorneys. I wouldn't waste the money. Do a ton of reading on this site...get to know which posters give accurate info and which don't.

Good luck!!

[Artmin 0]

do not ever be honest to this people if you want to win you have to lie, try another border =)) and do not tell them anything . 3 years ago i went to canada to see my friend in toronto , at first they did not let me in and i was so mad so i try another border =)) and they let me without checking i just show them my green card =)) and reason why i am going