K-1 Visa Question

[Scout_87 0]

Hi, I am a Canadian citizen who is about to get engaged to my American girlfriend around Christmas time 2009. I will be visiting her for 2 weeks with the intent to get engaged and then come back to Canada. Do I need to disclose this information at the POE? Also, do I need any paperwork to do this? Now onto my k-1 visa question. We plan on getting married in her hometown in the states, have our honeymoon, and then come back to Canada. Do I need any immigration forms like the k-1 in order to get married, even though we will not be living in the US?

[JD63 4]

No, get engaged and then your fiancee can start the K1 process. You're simply visiting her, they don't need to know anything else, since you're not getting married.

I'm not an expert, but I would discourage you getting married until the process is complete. There's a reason it's a fiance visa. The rest of your question depends on Canadian immigration law, which I have no idea about. I'd ask in that regional forum.

Edited December 4, 2009 by JD63

[Scout_87 0]

No, get engaged and then your fiancee can start the K1 process. You're simply visiting her, they don't need to know anything else, since you're not getting married.

I'm not an expert, but I would discourage you getting married until the process is complete. There's a reason it's a fiance visa. The rest of your question depends on Canadian immigration law, which I have no idea about. I'd ask in that regional forum.

So I would still have to get a K-1 visa even though we don't plan on living there?

[JD63 4]

No, get engaged and then your fiancee can start the K1 process. You're simply visiting her, they don't need to know anything else, since you're not getting married.

I'm not an expert, but I would discourage you getting married until the process is complete. There's a reason it's a fiance visa. The rest of your question depends on Canadian immigration law, which I have no idea about. I'd ask in that regional forum.

So I would still have to get a K-1 visa even though we don't plan on living there?

That's up to you, but I don't see any reason why you would if you don't want a green card and don't need the visa for entry.

[Scout_87 0]

No, get engaged and then your fiancee can start the K1 process. You're simply visiting her, they don't need to know anything else, since you're not getting married.

I'm not an expert, but I would discourage you getting married until the process is complete. There's a reason it's a fiance visa. The rest of your question depends on Canadian immigration law, which I have no idea about. I'd ask in that regional forum.

So I would still have to get a K-1 visa even though we don't plan on living there?

That's up to you, but I don't see any reason why you would if you don't want a green card and don't need the visa for entry.

Excatly. My understanding is that I can get married in the states without any paperwork, and then the both of us move up to Canada (while doing the paperwork for the Canadian immigration for her)

[JimVaPhuong 4,864]

No, get engaged and then your fiancee can start the K1 process. You're simply visiting her, they don't need to know anything else, since you're not getting married.

I'm not an expert, but I would discourage you getting married until the process is complete. There's a reason it's a fiance visa. The rest of your question depends on Canadian immigration law, which I have no idea about. I'd ask in that regional forum.

So I would still have to get a K-1 visa even though we don't plan on living there?

No. Anyone can get married in the US, provided you leave when you're supposed to.

The K-1 is specifically for people who intend to marry in the US and then STAY in the US and apply for legal permanent residence.

There is a small 'gotcha' here...

It is legal to enter the US on a visitor's visa or visa waiver (or other non-immigrant temporary entry), get married to a US citizen, and then apply for a green card without ever leaving the US. The caveat is that you must not have INTENDED to apply for the green at the time you entered; e.g., you met someone while on vacation, had a whirlwind romance, and got married in Las Vegas. Entering as a non-immigrant with the INTENTION of immigrating is fraud, and you could be banned for life from the US. I realize this doesn't apply to you, so read on...

The 'gotcha' is that the CBP officers at the border know darn well that you could apply for a green card if you get married in the US. If you tell them about your intention to marry here (and you MUST NOT lie to them) then they could give you an intense interrogation about your intentions, and possibly deny you entry if they think you are intending to immigrate. Be prepared to prove that you absolutely, positively WILL return to Canada after the marriage.

[Scout_87 0]

No, get engaged and then your fiancee can start the K1 process. You're simply visiting her, they don't need to know anything else, since you're not getting married.

I'm not an expert, but I would discourage you getting married until the process is complete. There's a reason it's a fiance visa. The rest of your question depends on Canadian immigration law, which I have no idea about. I'd ask in that regional forum.

So I would still have to get a K-1 visa even though we don't plan on living there?

The 'gotcha' is that the CBP officers at the border know darn well that you could apply for a green card if you get married in the US. If you tell them about your intention to marry here (and you MUST NOT lie to them) then they could give you an intense interrogation about your intentions, and possibly deny you entry if they think you are intending to immigrate. Be prepared to prove that you absolutely, positively WILL return to Canada after the marriage.

The wedding won't take place until May, so between the engagement and the wedding I will be back in Canada getting paperwork together to prove my case that I plan on coming back to Canada after the wedding. When I go down there for Christmas however, do I need to mention that I'm getting engaged? Or is that irrelevant?

[JD63 4]

Irrelevant

[iLoveAPolishGirl 0]

You're here on holiday. That's all you need to say. There's no need to provide answers to unasked questions.

dvc

[JimVaPhuong 4,864]

No, get engaged and then your fiancee can start the K1 process. You're simply visiting her, they don't need to know anything else, since you're not getting married.

I'm not an expert, but I would discourage you getting married until the process is complete. There's a reason it's a fiance visa. The rest of your question depends on Canadian immigration law, which I have no idea about. I'd ask in that regional forum.

So I would still have to get a K-1 visa even though we don't plan on living there?

The 'gotcha' is that the CBP officers at the border know darn well that you could apply for a green card if you get married in the US. If you tell them about your intention to marry here (and you MUST NOT lie to them) then they could give you an intense interrogation about your intentions, and possibly deny you entry if they think you are intending to immigrate. Be prepared to prove that you absolutely, positively WILL return to Canada after the marriage.

The wedding won't take place until May, so between the engagement and the wedding I will be back in Canada getting paperwork together to prove my case that I plan on coming back to Canada after the wedding. When I go down there for Christmas however, do I need to mention that I'm getting engaged? Or is that irrelevant?

You generally don't have to offer any information that's not specifically asked for, but you should be completely honest.

Let's say, for example, that you're heading down in May for your wedding. They ask at the customs desk what you are coming to the US for, and you say "Holiday". You figure no harm is done because you don't plan to stay in the US after your wedding. Just as a precaution because of your multiple recent visits, CBP decides to search your luggage and they find your tuxedo. Now they think you've intentionally lied to them, and that your intention all along was to marry and stay in the US. Nothing you say is going to persuade them otherwise. Not only will you be denied entry, you will be banned from the US.

The bottom line is that you should answer every question honestly.

Edit: Sorry. I said "wedding dress" originally. I forgot you were the fiance.

Edited December 4, 2009 by JimVaPhuong

[Scout_87 0]

No, get engaged and then your fiancee can start the K1 process. You're simply visiting her, they don't need to know anything else, since you're not getting married.

I'm not an expert, but I would discourage you getting married until the process is complete. There's a reason it's a fiance visa. The rest of your question depends on Canadian immigration law, which I have no idea about. I'd ask in that regional forum.

So I would still have to get a K-1 visa even though we don't plan on living there?

The 'gotcha' is that the CBP officers at the border know darn well that you could apply for a green card if you get married in the US. If you tell them about your intention to marry here (and you MUST NOT lie to them) then they could give you an intense interrogation about your intentions, and possibly deny you entry if they think you are intending to immigrate. Be prepared to prove that you absolutely, positively WILL return to Canada after the marriage.

The wedding won't take place until May, so between the engagement and the wedding I will be back in Canada getting paperwork together to prove my case that I plan on coming back to Canada after the wedding. When I go down there for Christmas however, do I need to mention that I'm getting engaged? Or is that irrelevant?

You generally don't have to offer any information that's not specifically asked for, but you should be completely honest.

Let's say, for example, that you're heading down in May for your wedding. They ask at the customs desk what you are coming to the US for, and you say "Holiday". You figure no harm is done because you don't plan to stay in the US after your wedding. Just as a precaution because of your multiple recent visits, CBP decides to search your luggage and they find your tuxedo. Now they think you've intentionally lied to them, and that your intention all along was to marry and stay in the US. Nothing you say is going to persuade them otherwise. Not only will you be denied entry, you will be banned from the US.

The bottom line is that you should answer every question honestly.

Edit: Sorry. I said "wedding dress" originally. I forgot you were the fiance.

I better not have a wedding dress in my luggage, that would be kinda awkward to explain... But yeah, I understand what you're saying. I would never lie to the border officers, I guess I'm not really worried about the May situation as of yet, still have a while to go. What I am worried about is if they interrogate me about my trip down there this month for the engagement. If that does come up, what I'm going down there for, I guess I would need to show proof that I'm coming back to Canada after my 2 week trip... any suggestions on what type of proof would be sufficent? I'll have a letter from my work stating when I am supposed to be back, but other than that I'm not sure

[canadian_wife 1,831]

Letter from your employer is good, so is a lease or mortgage, a Canadian bank account showing sufficient funds, utility bills, doctors appointments (an appointment card worked for me once), anything that will show you need to return to Canada.

Good luck.

[thongd4me 69]

Hi, I am a Canadian citizen who is about to get engaged to my American girlfriend around Christmas time 2009. I will be visiting her for 2 weeks with the intent to get engaged and then come back to Canada. Do I need to disclose this information at the POE? Also, do I need any paperwork to do this? Now onto my k-1 visa question. We plan on getting married in her hometown in the states, have our honeymoon, and then come back to Canada. Do I need any immigration forms like the k-1 in order to get married, even though we will not be living in the US?

There has been so much written about this by actual US-Can couples that you should get better answers by searching for those threads & chatting them up.

There have been too many intricacies regarding what they will do or ask at the border to both the USC and Canadians to mention.

Canadians can usually go freely (with restrictions) across the border but once you've filed any kind of fiancée or spouse visa those restrictions seem to multiply.

[mitch.snyder 0]

Hi, I am a Canadian citizen who is about to get engaged to my American girlfriend around Christmas time 2009. I will be visiting her for 2 weeks with the intent to get engaged and then come back to Canada. Do I need to disclose this information at the POE? Also, do I need any paperwork to do this? Now onto my k-1 visa question. We plan on getting married in her hometown in the states, have our honeymoon, and then come back to Canada. Do I need any immigration forms like the k-1 in order to get married, even though we will not be living in the US?

There has been so much written about this by actual US-Can couples that you should get better answers by searching for those threads & chatting them up.

There have been too many intricacies regarding what they will do or ask at the border to both the USC and Canadians to mention.

Canadians can usually go freely (with restrictions) across the border but once you've filed any kind of fiancée or spouse visa those restrictions seem to multiply.

it's true, however the last time I entered the US they border guard didn't even ask me a single question... just can I see your passport... no business or pleasure like they usually do... and of course I was all prepared with letters from my school and work etc... so I guess I'd say be prepared for the worst and hope for the best.... it'll all work out