Can Canadian marry in US before application process?

[BellasCanadian 0]

Hi everyone .. I'm new to this site and so happy to have found it!

My boyfriend and I are not married yet but are planning to get engaged VERY soon ...

He's from Toronto and I'm a US citizen. Does anyone know if it would it be ok for us to get married while he is in NY visiting .. or will that affect his visa application in a negative way? I think I remember reading something a long time ago about it not being the "real" reason he told border officers he was entering the US for and would be a strike against him?

I'm just trying to figure out if I should go the K-1 or CR-1 route ...

Thanks!

[HeatDeath 430]

If you go the K-1 route, you CANNOT marry until after he has entered the Us with the K-1 visa. He MUST be unmarried when he crosses the US border with a K-1 visa, or it will all have been a big waste of time and money.

It is perfectly ok to marry while he is visiting, as long as he then returns to Canada while you begin the spousal visa process. Note that he should answer the customs officer truthfully as to the purpose of his visit [never ever EVER lie to a customs officer, or any government official, particularly on anything even tangentially related to immigration!], and that there is a good chance they will not admit him if he answers honestly that he intends to marry a USC while he is in the US.

It is only ok for him to marry and stay and adjust status if that was not his intent at the time he crossed the border. It's kind of a Catch-22: the fact that you considered him visiting, marrying, and staying and adjusting status is what disqualifies him from doing it. If it never occurred to you, then you could do it. If you thought of it, you can't.

[canadian_wife 1,791]

Great response HeatDeath

I would only add that when he visits you, he should bring strong ties to Canada, such as a lease/mortgage, job letter with an expected return date, utility bills, enrollment in school etc, that shows that he MUST return to Canada

Good luck

[JoannaV 173]

To make it easier for him when going through the border: tell him to bring his birth certificate or whatever other documents he would need to get married, but don't tell him why. Then he won't even know he might be getting married so it will be easy for him to answer questions without feeling worried

And I would add, that if you have nothing preventing going the CR1 route (eg unable to visit each other to get married as are in countries where visiting one another is hard, or really really don't want to have to be apart after marriage, or whatever) then the CR1 is, in my opinion, the best option.

Edited October 12, 2010 by JoannaV

[woojungp 0]

My wife and I did pretty much the same thing that you have in mind (well, except that we didn't know anything about the immigration requirements). I'm a USC and my wife is a Canadian citizen but she was working in US w/ H1B visa. We got engaged and planned the wedding for over a year (got married in July, 2010, in Southern California). About a couple of months before the wedding, she quit her job and moved back to Canada to finish preparing for the wedding. When she was trying to come back to US for the wedding (just a few days before, no less), she told the CBP officer that (1) she was getting married in US to a USC, (2) she didn't have a job anymore, and (3) she intended to live in US. Three strikes.

But, in the end, the CBP officer took pity on her and let her in for the wedding BUT she had to buy a return ticket and promise/certify that she'll return to Canada after the wedding. She left US after the wedding and we're going through the I-130 and K-3 process right now.

Knowing what I know now, I think you should either (1) get the K-1 visa and get married in US, or (2) get married in Canada and do I-130. That said, I would've done K-1 because being separated after your wedding will be quite difficult (as I am finding out the hard way). Hope it helps.

Edited October 12, 2010 by woojungp

[BellasCanadian 0]

My wife and I did pretty much the same thing that you have in mind (well, except that we didn't know anything about the immigration requirements). I'm a USC and my wife is a Canadian citizen but she was working in US w/ H1B visa. We got engaged and planned the wedding for over a year (got married in July, 2010, in Southern California). About a couple of months before the wedding, she quit her job and moved back to Canada to finish preparing for the wedding. When she was trying to come back to US for the wedding (just a few days before, no less), she told the CBP officer that (1) she was getting married in US to a USC, (2) she didn't have a job anymore, and (3) she intended to live in US. Three strikes.

But, in the end, the CBP officer took pity on her and let her in for the wedding BUT she had to buy a return ticket and promise/certify that she'll return to Canada after the wedding. She left US after the wedding and we're going through the I-130 and K-3 process right now.

Knowing what I know now, I think you should either (1) get the K-1 visa and get married in US, or (2) get married in Canada and do I-130. That said, I would've done K-1 because being separated after your wedding will be quite difficult (as I am finding out the hard way). Hope it helps.

Is there a specific reason you suggested getting married in Canada instead of US? I heard the wait time to get your marriage certificate is longer there, while in NY you can get it the same day if you get married in a civil court?

[BellasCanadian 0]

Thanks for all the info everyone!

I hate the idea of being apart for even longer (we have been long-distance for almost a year now) .. but it seems like the CR-1 saves some extra steps in the whole process and wouldn't require him to be here without a job for several months while waiting for work authorization if we go the K-1 route?

[HeatDeath 430]

If you are going the CR-1 route, getting married in Canada would be the less risky, more reliable way to go because ....

Hmmm...

I was about to say that you can enter Canada to marry a Canadian (with the intention of returning to the US) easier than your Canadian fiance can enter the US to marry an American (with the intention of returning to Canada), but come to think of it, the situations are pretty symmetrical.

You might have a slightly easier time convincing Canadian border officers that you intend to leave after the wedding because of your collective intention to eventually live in the US, than he would have convincing American border officers that he intends to leave after the wedding, given his intention to eventually return to the US on a spousal visa.

On reflection, the way to go that has the least odds of encountering intransigent border officers on either side of the border, would be a beach wedding on the Mexican Riviera, or somewhere in the Carribbean.

[HeatDeath 430]

Thanks for all the info everyone!

I hate the idea of being apart for even longer (we have been long-distance for almost a year now) .. but it seems like the CR-1 saves some extra steps in the whole process and wouldn't require him to be here without a job for several months while waiting for work authorization if we go the K-1 route?

This is correct. In the spousal visa process, he will recieve his green card (actually a stamp in his passport that is exactly equivalent - the card will arrive in the mail a few weeks later) at the border upon entry, and he could start work, or travel internationally, that afternoon. On a fiance visa, he would not be able to work or leave the US until 6-10 weeks after he filed for AOS (which is normally done as soon as possible after the wedding).

[Heather&Matt 0]

Hi everyone .. I'm new to this site and so happy to have found it!

My boyfriend and I are not married yet but are planning to get engaged VERY soon ...

He's from Toronto and I'm a US citizen. Does anyone know if it would it be ok for us to get married while he is in NY visiting .. or will that affect his visa application in a negative way? I think I remember reading something a long time ago about it not being the "real" reason he told border officers he was entering the US for and would be a strike against him?

I'm just trying to figure out if I should go the K-1 or CR-1 route ...

Thanks!

I sent you a very long message about this...we went through very similar questions when deciding what was best.

Good luck! People on this site have been extremely helpful to us...so feel free to ask questions.

[Heather&Matt 0]

Thanks for all the info everyone!

I hate the idea of being apart for even longer (we have been long-distance for almost a year now) .. but it seems like the CR-1 saves some extra steps in the whole process and wouldn't require him to be here without a job for several months while waiting for work authorization if we go the K-1 route?

Because my husband and I live so close (yet it seems so far at times), the CR-1 allows me to keep my job in Canada (self-employed Autism Therapist) and travel back and forth from Buffalo to Niagara everyday. With the K-1, that is not an option.

I have even had border guards ask if I was going to keep my job, so I'm glad I am able to do so with the CR-1.

[woojungp 0]

Is there a specific reason you suggested getting married in Canada instead of US? I heard the wait time to get your marriage certificate is longer there, while in NY you can get it the same day if you get married in a civil court?

I suggested Canada just because I think it'd be difficult to get married in US w/o having proper documentation, i.e. K-1. I think it'll be hard to get past the CBP officers w/o misleading them ("visiting" or "vacation"). My wife got lucked out and made it to the wedding (cried like there's no tomorrow--it was genuine as she had no clue and thought she was going to miss the wedding) but the CBP officer could've easily said no and deny her entry.

[Jill & Jeff 3]

My wife and I did pretty much the same thing that you have in mind (well, except that we didn't know anything about the immigration requirements). I'm a USC and my wife is a Canadian citizen but she was working in US w/ H1B visa. We got engaged and planned the wedding for over a year (got married in July, 2010, in Southern California). About a couple of months before the wedding, she quit her job and moved back to Canada to finish preparing for the wedding. When she was trying to come back to US for the wedding (just a few days before, no less), she told the CBP officer that (1) she was getting married in US to a USC, (2) she didn't have a job anymore, and (3) she intended to live in US. Three strikes.

But, in the end, the CBP officer took pity on her and let her in for the wedding BUT she had to buy a return ticket and promise/certify that she'll return to Canada after the wedding. She left US after the wedding and we're going through the I-130 and K-3 process right now.

Knowing what I know now, I think you should either (1) get the K-1 visa and get married in US, or (2) get married in Canada and do I-130. That said, I would've done K-1 because being separated after your wedding will be quite difficult (as I am finding out the hard way). Hope it helps.

This is basically what my husband and I did. We had no idea how strict border guards can be when you tell them that you're getting married. My husband got to the border a couple days before our wedding and was all excited about telling him he was coming down to get married. He got pulled over and given the fifth degree along with a "baby-sitting" card that he had to check back in to make sure he cross back into Canada. That being said, it is risky to get married down here as they may not let you into the country.

I can also agree with wanting a K-1 first. My husband and I got married in August of 2009 and then filed the I-130 to start the CR-1 process. It is now October 2010 and we probably won't have an interview until January 2011. The separation is hard, but thankfully we only live about 4.5 hours away and I'm able to visit each weekend. Although I have to say, the drive each weekend really wears on me.

Good luck to you!

J-

[Arabella 4]

Thanks for all the info everyone!

I hate the idea of being apart for even longer (we have been long-distance for almost a year now) .. but it seems like the CR-1 saves some extra steps in the whole process and wouldn't require him to be here without a job for several months while waiting for work authorization if we go the K-1 route?

Hi Bellas,

I just wanted to add my 2 cents. We did the Visa thing the "proper" way, K1 Fiance Visa first. Even though it was hard being apart, it really gave us the time to make sure that we wanted to do this. It is a tough process, and after going through it, we both knew for sure what we were getting into. Sean was the one who had to give up everything to marry me, so I was glad that we didn't get married right away (we did think about getting married right away before we knew about the Visa process). It took us a total of 8 months to get the fiance Visa approved. I think that in many cases that is quicker than the time you spend apart if you get married first (CR-1).

I would highly recommend doing the K1 Visa. I also went to Montreal with Sean for the interview at the Consulate. It was a great experience.

Good luck in whatever you decide.

EDIT: True, you can't work right away with a K-1 Visa. We got our EAD about 2 months after we filed for AOS. In our case, we could live on my income so we didn't feel rushed.

Edited October 12, 2010 by Arabella

[Sweetcheeksss 91]

That's correct BellasCanadian, it saves several steps AND money!