Can a Canadian with passport just come to US and decide to marry US citizen?

[daddySEAL 0]

Can a Canadian with passport just come to US and decide to marry US citizen while

there...and be married, then apply for visa, and eventual DUAL Citizenship while staying there?

PLEASE HELP...This Is Very Important~!!

[The_Dude 1,142]

If your intention before you cross the border from Canada to the U.S. is to get engaged and marry someone inside the U.S., then no, you can't. If you went to the U.S., and spontaneously decided to get married, yes you can. You would get married, and then adjust your status.

[Sprailenes 47]

No, you have to live by the same rules of immigration that the rest of the world does, it doesn't matter what kind of passport you have. You also can't enter the US with the intent to marry - you would be committing fraud and that comes with a ban.

Read the guides, they are there to help you!

[daddySEAL 0]

No, you have to live by the same rules of immigration that the rest of the world does, it doesn't matter what kind of passport you have. You also can't enter the US with the intent to marry - you would be committing fraud and that comes with a ban.

Read the guides, they are there to help you!

Which Guides, friend?

[pushbrk 14,244]

No, you have to live by the same rules of immigration that the rest of the world does, it doesn't matter what kind of passport you have. You also can't enter the US with the intent to marry - you would be committing fraud and that comes with a ban.

Read the guides, they are there to help you!

The above is just flat wrong. Entering the USA with intent to marry is not fraud. It's the intent to BOTH marry and STAY based on the marriage the COULD be considered fraud.

If while IN the USA, you decide to marry and the stay and adjust status, that IS allowed but if the status adjustment is denied after entering on the VWP or Canada Visitor Privilege, there is no appeal. This is a tricky proposition filled with DETAILS of which you must be very much aware.

You do not apply for a visa from within a country. Visas are used to ENTER countries. The OP's situation would require an adjustment of status from visitor to resident. Citizenship is optional and comes years later.

[The_Dude 1,142]

The above is just flat wrong. Entering the USA with intent to marry is not fraud. It's the intent to BOTH marry and STAY based on the marriage the COULD be considered fraud.

If while IN the USA, you decide to marry and the stay and adjust status, that IS allowed but if the status adjustment is denied after entering on the VWP or Canada Visitor Privilege, there is no appeal. This is a tricky proposition filled with DETAILS of which you must be very much aware.

You do not apply for a visa from within a country. Visas are used to ENTER countries. The OP's situation would require an adjustment of status from visitor to resident. Citizenship is optional and comes years later.

What she said isn't wrong simply because she forgot to mention the "and stay in the U.S." part as it's implied. He is asking about circumventing the visa process and to do a direct file AOS in the U.S..

[pushbrk 14,244]

What she said isn't wrong simply because she forgot to mention the "and stay in the U.S." part as it's implied. He is asking about circumventing the visa process and to do a direct file AOS in the U.S..

I disagree that "and stay in the U.S." is implied." "Honey we're pregnant." implies that the male "honey" is the father. Leaving out that it's her boyfriend that is the father is "misleading" and give the "wrong" message.

This is a common false statement we correct pretty regularly here. It's now corrected. Can we move on please?

Edited November 23, 2010 by pushbrk

[daddySEAL 0]

What she said isn't wrong simply because she forgot to mention the "and stay in the U.S." part as it's implied. He is asking about circumventing the visa process and to do a direct file AOS in the U.S..

right...trying to do a direct file AOS in the U.S..

and us moving back and forth between US and Canada is ok...we each have family in these countries.

Can THIS be done....a direct file AOS in the US?

[pushbrk 14,244]

right...trying to do a direct file AOS in the U.S..

and us moving back and forth between US and Canada is ok...we each have family in these countries.

Can THIS be done....a direct file AOS in the US?

Not if you're going to be going back and forth, no. Actually read the AOS Guide and the CR1/IR1 guide. It will save you a lot of questions.

[The_Dude 1,142]

Not if you're going to be going back and forth, no. Actually read the AOS Guide and the CR1/IR1 guide. It will save you a lot of questions.

So it turns out that it was implied......

[pushbrk 14,244]

So it turns out that it was implied......

It was not implied in the statement I corrected. The OP more than implied the intention. Two separate issues.

[daddySEAL 0]

It was not implied in the statement I corrected. The OP more than implied the intention. Two separate issues.

On the Other Hand...What if we are married in Canada and then move to the US?

How long would that process take to get her here with me?

[Kristy S 13]

if you file for adjustment of status, you cannot leave and reenter the country until it is approved which is about 3-4 month i believe? and if you marry her there and then try to move here then i believe you would need to get a spouse visa...not too sure on the timelines there, maybe 8 months-ish start to finish?

[Julie y Pat 67]

While the AOS is being processed, you can't leave the US, unless you get Advanced Parole, and I think AOS costs more than CR1/IR1. If sufficient ties are maintained to Canada that will satisfy CBP, you should be able to travel back and forth while CR1/IR1 is being processed. I think a lot less risky than AOS as well, especially with the whole intent part. If things go wrong with AOS you will have no recourse to appeal a negative decision and things can get harder from there. If the CR1/IR1 takes a long time, I think 4 to 5 months for Canada for an interview date, you still have the ability to travel back and forth, it just takes longer.

[pushbrk 14,244]

On the Other Hand...What if we are married in Canada and then move to the US?

How long would that process take to get her here with me?

Where you marry isn't the issue. The spouse visa process through Canada now is taking about a year because after everything else is complete there's a five month backlog waiting for an interview. You haven't even peeked at those guides yet, have you?