crossing the border

[canusd26 0]

For the past few months after being engaged I mentioned that i was going to visit my gf at customs, and now that were married i didnt want give any indication that we are married when crossing over last. I am currently in the states, i will be filing for i-130 and AOS? Do you think that will affect me when i apply for my k-3 or during the interview process since i never crossed over mentioning she was my fiance or spouse at the time of crossing?

I hope someone can help me out with this? I just want to be sure i won't have any problems.

Thanks

[Brother Hesekiel 2,236]

If you cross the Canada-US border already married to a US citizen with the intent of filing for AOS, you are guilty of immigration fraud. The punishment? A lifelong ban to ever visit the US again. Is it worth the risk to you?

[Kathryn41 3,205]

There are a number of points you need to consider.

First if you said you were going to visit a girlfriend and she was your wife, that is considered misrepresentation of a material fact and it is taken very seriously by US authorities. You state here that you did this deliberately to hide the fact from the border expecting that if they knew they would deny you entry. Basically you lied at the border in order to gain an immigration benefit - entry to the US. That can cause you serious problems in the future and may lead to a lengthy or even permanent ban on being allowed into the US, especially if you compound the offense with visa fraud, which leads to the second point.

Second, it appears you crossed into the US with the intent to stay and apply for AOS as the spouse of a US citizen. As JustBob mentioned, that is illegal and is called 'visa fraud' - stating one purpose upon entry -eg visiting- with the full intent of becoming an immigrant as a way to get around the proper immigration procedure. That, combined with the misrepresentation at the border can lead to a life time ban from ever being allowed into the US again.

Third - you mention a K-3. You need to do more research because if you are applying for a K-3 you are not applying for the AOS. The K-3 is a type of visa that allows you to enter the US legally as the spouse of a US citizen with the intention of becoming a permanent resident. It is applied for and processed outside of the US, not inside. As well, K-3s are now virtually obsolete, and the correct visa is the CR-1.

Which leads to my last point. What you are legally allowed to do now that you are married to a US citizen is for your spouse to sponsor you for a CR-1 visa. This means she files the I-130 petition and you return to Canada after your visit. You are allowed to visit her in the US but you are not allowed to live here while the visa is being processed. You will need to show evidence of your ties to Canada to the border authorities when you cross to prove you are following the proper immigration process and not trying to commit visa fraud. Once the I-130 is approved, your wife submits additional documents to the National Visa Center, and then the process moves to the US Consulate in Montreal where you will eventually have an interview. Before that time you will need to get an immigration medical and a Canada Wide criminal record check along with other documents. Upon approval at the interview you will be issued a CR-1 visa that you 'activate' at the border when you enter the US to join your wife. This will then generate a green card so there is no need for an AOS.

You need to be very, very careful and conscientious when dealing with US immigration and the border. The US is a foreign country and while Canadians enjoy a special relationship with the US we sometimes tend to forget that it is a separate country and we need to follow the rules just like every other immigrant. Don't ever take the border or immigration officials for granted and don't ever underestimate what they do know and what they can do.

Edited July 26, 2010 by Kathryn41

[CanAmBride 5]

You mention that you are in the US now. Are you here on a non-immigration visa or as a visitor? You cannot enter the US as a visitor with the intention to stay here permanently. That is what will count against you, not the fact that you went from "boyfriend" to "husband" without an engagement period.

My husband and I dated for 8 years and crossed 1-2 times/week to visit eachother (we live in border towns). When we decided to move forward with the CR-1 process, we wanted it to start as quickly as possible, so we got our immediate family together and got married within 2 weeks.

When he crosses, he says he's visiting his "wife". We have never been questioned as to why we went from "dating" to "married" without an engagement. Engagements are just formalities to give people enough time to plan a big wedding. There're not legally or religiously required in any way.