Two different stories, one ruined wedding.

[Minya's wife 25]

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.

The bolded statement above is a violation of the TOS of this site. We do not advocate ways in which you can go about this process dihonestly.

cherryswife,

Unfortunately, what you have experienced is not uncommon. what you have experienced, with receiving incorrect information from both USCIS and the consulate happens all the time...and it is unfortunate that it has happened to you.

Current immigration procedures do not preclude you getting married in the US once you enter as a 'visitor' they just do not allow you have intent to immigrate at the time you enter. You were turned back at the border because by showing up with a car full of your personal belongings you were demonstrating intent to not return...which is a violation of the purpose of a tourist entry.

You now have two options, either have your fiance file the I-129F Fiancee visa petition, wait for it to be approved and interview at the US consulate in Canada for a fiancee visa, enter the US, get married and file for your Adjustment of Status to get your green-card. OR, have your fiancee go to Canada, get married there, he comes back to the US and files the I-130, Petition for Alien spouse...wait for it to get approved and interview in Canada for a spousal visa, which will allow you to come live in the US.

Please take some time and read the GUIDES (link attached) to get an idea of the choices available to you. If you have questions, this site can be an invaluable source of information. Good luck.

[Minya's wife 25]

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

Did you not see the warning from a Mod just a few posts above yours, reminding everyone that it is a violation of the TERMS OF SERVICE of this website to advocate illegal activities? Please do not give advice on how to go about the family visa/immigration process illegally.

[Lona.C. 16]

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

it is against the law to be dishonest it can lead to a ban , at this point ,

dont you realize they have all the info already in theyr computers including the denie of entry ??

if she takes your advice she will be doomed for a long time ,

ready the VJ rules before you give advice that goes against any rule here as well as how to come to the US legaly

[baron555 934]

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!

Sorry but what happened is proper. Later you will be glad you were honest at the border; being dishonest can lead to later problems worst of all being a permanent ban.

As described above are your options. And the 90 days to become married on the K-1, the only requirement is legal marriage, meaning at the county court house. A big lavish ceremony can be done at a later planned date. Many of us do that.

Read the Guides at the top of this page and educate yourself about both types of visas that are best for you.

Good luck.

Edited October 26, 2009 by baron555

[chyiochan 1]

Okay I am back, and about to head over to the Canadian Forums with the same question.

My fiancee and I also agree, it is good it happened now, rather than on the wedding day like we had planned. I didn't want to get caught illegally there, and then never get to be with my husband in the USA. We are glad as well as upset that we told the truth.

What has just happened up to this minute:

Saturday was the denied entry at the border.

Sunday was the call to the Chief at the border, and she had given us the option, of getting married ASAP in Ontario, Canada. To file off our 'Legal' Certificate with the I-130 + other forms when we get it, and if we have proof we had them sent, with a receipt that the Office to send it to has received it OR if we have photocopies of all the paperwork we had sent off, but not have the receipt yet because it was still too soon to get the receipt, I would be allowed to cross the border, and stay in the USA until my paperwork for my Spouse/Alien Relative paperwork has cleared. I wouldn't be able to return to Canada for a visit during this 4 month wait, but I would still be able to live with my husband during this time.

The only problem I have though, which I need to ask over at the Canadian Forums, is that it takes around 12 weeks for me to receive my Marriage Certificate.

So, my fiancee and I phoned the Office of the Registrar General, and were told that the process could be expedited if it came with a Letter of Urgency, and Proof of Urgency. My fiancee will have to write a letter, and receive one from the Chief; and the one from the Chief is the only one we could ever get. So it is entirely up to her discretion if she wants to help that far or not.

If not, she may give me a temporary visit allowance to visit and stay with my fiancee for a short amount of time like she said before, because of all the forms I have and that we are very serious about this whole situation.

Worst possible scenario right now, is that I will have to wait for my Marriage Certificate in the mail before I can finally live and move in with my "Now" Husband.

This weekend is one of the busiest and hectic days I've had so far, and I can only guess how much more it will be in the upcoming weeks.

6 hour wasted drive, Now have to get married, went and signed up for marriage license, found a licensed Wedding Officiant, Married at 4:40.

Now all there is to do is wait.

I have been reading all of your comments, and I was wondering, what is this Train Ticket thing you have been doing? Is that to arrive near the border on a train with a return ticket, stay the few weeks to visit, and return on the train? If I could do that, to even just visit as much as possible until my Marriage Certificate came in, I would most definitely do it.

It is very hard since I do not have any ties in Canada right now. I do not want to say anything that will be against the TOS either. I just want to do it all correctly.

If I knew I wasn't allowed to live in the states while waiting, I would have not lived in the States. I would have definitely waited, and planned another way a lot sooner. Plus, I would have kept my job!

I'll reply any updates soon. I hope my situation is helping at least someone figure things out.

I also really REALLY wish we could have seen this site much sooner. All of the form explanations on here helped us out so much.

Edited October 27, 2009 by ambermiele

[chyiochan 1]

Sorry for the double post!

I don't know if I am blind, but I cannot find the Canadian forums? Any link to it would be great! I must be blind if it is really easy to find!

[jsnearline 2]

Sorry for the double post!

I don't know if I am blind, but I cannot find the Canadian forums? Any link to it would be great! I must be blind if it is really easy to find!

http://www.visajourney.com/forums/index.ph...amp;s=&f=93

[chyiochan 1]

Thank you!

[Gary and Alla 3,696]

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

Yes, absolutely you can get married here or in Canada, then file for a CR-1 visa and continue to live and work in Canada and vist here. Yes, you will need to bring evidence you will return from your visit. When you get the CR-1 you can move to the US and begin working immediately, travel freely back and forth, etc. I think for Canadians it is an excellent choice, especially if the couple live in a border area and can visit frequently. I live about 1 hour drive from Montreal, imagine if I brought a woman from Montreal here and she couldn't visit her family 6 miles the other side of the border for a few months. With a CR-1 application a couple in this area would be able to spend all the weekends together and the occasional weeknight also. I have neighbors, Canadians that virtually live here, they have a Canadian residence also. Imagine saying, "No, you cannot drive 6 miles north for 4 months"

If I had been engaged to a Canadian from my area I would never even consider a K-1.