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

[Kathryn41 3,205]

post containing personal attack has been removed

[Sprailenes 47]

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.

FLAT OUT WRONG!? OH NO!

I really would love to tell you what I really think, but Kathryn would just delete my post and probably send me some message telling me to be nice, so there's no point.

[pushbrk 12,801]

FLAT OUT WRONG!? OH NO!

I really would love to tell you what I really think, but Kathryn would just delete my post and probably send me some message telling me to be nice, so there's no point.

Again, entering the USA with intent to marry is not fraud. You said exactly that. It is wrong. If you meant something else, feel free to explain what you meant. When false statements are made, it is incumbent on anyone here who knows it's wrong, to correct it. This is a common error. It has now been corrected. Can we please move on.

[Pegworth 2]

The safest thing to do is apply for a K1 finance visa and you have 90 days to get married coming in with that visa. You can visit while that's being processed.

It really is the best and safest route.

If you have ties in Canada now it's the best thing to do it takes all the doubt out of it.

You roll the dice coming in as a visitor then getting married.The K1 really is the most empowering route.

I married as a visitor and there is a lot of added stress and doubt going this route.

If you have the means and your in Canada already with a job and ties do yourself a favor and go the K1 route.

[pushbrk 12,801]

The safest thing to do is apply for a K1 finance visa and you have 90 days to get married coming in with that visa. You can visit while that's being processed.

It really is the best and safest route.

If you have ties in Canada now it's the best thing to do it takes all the doubt out of it.

You roll the dice coming in as a visitor then getting married.The K1 really is the most empowering route.

I married as a visitor and there is a lot of added stress and doubt going this route.

If you have the means and your in Canada already with a job and ties do yourself a favor and go the K1 route.

Whether the K1 route is the most empowering is a matter of opinion and will vary with the circumstances. When working or international travel are priorities, K1 is the worst possible choice. The OP has at least preliminarily indicated a need to travel back and forth between the US and Canada. If that is the case, K1 is a bad choice. Since marrying in the USA or Canada is allowed without any permission from either country's immigration authorities, marriage first and the spouse visa process are probably better for this couple. Visiting in either direction during the process has the same issues for fiancee or spouse.

[Julie y Pat 67]

The fiancee visa also has the AOS where travel is limited from POE until AP is received, no AOS to wait out with CR1/IR1

[Pegworth 2]

Whether the K1 route is the most empowering is a matter of opinion and will vary with the circumstances. When working or international travel are priorities, K1 is the worst possible choice. The OP has at least preliminarily indicated a need to travel back and forth between the US and Canada. If that is the case, K1 is a bad choice. Since marrying in the USA or Canada is allowed without any permission from either country's immigration authorities, marriage first and the spouse visa process are probably better for this couple. Visiting in either direction during the process has the same issues for fiancee or spouse.

There is no mention of travel or working internationally. Traveling back and forth as visitor from Canada to the US and back is not affected by applying for a K1 it actually strengthens the reason to be traveling back and forth.If they were allowed to be working in the US what's the point of AOS your post is confusing matters. There is no indication in the post about working internationally.

The K1 is not the worst choice it's the best and safest choice compared to traveling back a forth and getting married on whim. I don't think it's responsible to indicate other wise or even suggest it's the worst scenario it actually quite to contrary to this.

Edited November 24, 2010 by Pegworth

[Brandi n Michael 8]

I'm Canadian and I came down to specifically to get married. I was honest about it BUT you must return to Canada while the US citizen files the petition. You CAN travel back and forth BUT you must have ties to say that you are returning to Canada and with that said, you can be denied entry if they feel you do not have enough ties to Canada. You do have to go through the same proceedings as everyone else. There is no favoritism for Canadians in this matter! I hear the Cr1-Ir1 can take up to a year. Follow the guides as mentioned above they will actually help you get the answers you need and you won't be waiting for answers on here. Cheat the system and you could get permanently banned from the US.

Canada has different immigration rules all together and you can get that info from here

Enjoy the ride and the wait

[JlovesA 109]

I don't know why anyone is continuing to give the OP advice about AOS without a prior visa. They've expressed intent to immigrate illegally and the AOS is no longer a legal option.

Bottom line daddySEAL: start reading the guides at the top of the page, specifically CR-1 or K1. If you try to go ahead with your original plan to go to the USA, marry, and stay, you are committing fraud.

Edited November 24, 2010 by JlovesA

[pushbrk 12,801]

There is no mention of travel or working internationally. Traveling back and forth as visitor from Canada to the US and back is not affected by applying for a K1 it actually strengthens the reason to be traveling back and forth.If they were allowed to be working in the US what's the point of AOS your post is confusing matters. There is no indication in the post about working internationally.

The K1 is not the worst choice it's the best and safest choice compared to traveling back a forth and getting married on whim. I don't think it's responsible to indicate other wise or even suggest it's the worst scenario it actually quite to contrary to this.

I'm talking about the time between the single entry on the K1 visa and three months from filing AOS that the foreigner must remain in the USA without authorization to work. If they leave the USA before they have Advance Parole (three months from asking for it) they will be stuck outside the USA. There's more to the process than getting the visa.

[Julie y Pat 67]

and travel between US and Canada is international

[Armenia 18]

and travel between US and Canada is international

So true and yet a lot of USA residents and Canadians seem to have a hard time grasping this idea.

It doesn't help that a lot of online websites and brick-and-mortar agencies/facilities have separate processing procedures/lines for US, Canadian and international businesses. In some Canadian airports, there are separate lines/check-ins/terminals for USA and international flights. Is it any wonder that some people consider travelling to the USA as not being international travel?

[Gary and Alla 3,694]

Yes you can come and get married and apply for a visa, but you can only stay as long as you are allowed to under a tourist entry...usually 6 months maximum. I doun=bt the visa would be approved before them=n and you will have to go back to Canada for the interview. You could return and then come back for another "visit" IF they let you in. But it is going to be hard to convince them if you have already been here for 6 months and try to return a day or two later.

[kennym 275]

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.

I beleive the distinction is, you can get married whether its planned or not, however, you cant enter the US with the intent of marrying and Adjust status.. You will need to return to Canada after your married and Petition for your spouse... If you're already in the US and suddenly decide to marry then you can marry and adjust status.. You just cant enter the US with the intent to Marry and AOS..

there is no issue with planning to enter the US and Marry, you just can stay,,,

[emerce 0]

Hey, just to let you know I have personal experience with this topic so if you need anything let me know.

My (then boyfriend) came to New Jersey with me from Edmonton to meet my parents and spend the summer by the beach. He was planning on going back at the end of the trip and we were going to figure it out from there. After a few months I guess he felt the time was right and proposed, so we just decided to try to do everything from inside the country. I believe that as a Canadian Citizen he was allowed to be in the country as a legal visitor for up to 6 months, so if possible I would try to adhere to that timeline. He arrived in July 2007 and we got married and filed for AOS in November 2007 so we let 5 months go by and there wasn't a problem.

The main obstacle we faced was that they wanted proof that we didn't know we were getting married when we got here. If they have reasonable doubt or find evidence that you came here for the purpose of getting married it is fraud and from what I hear there are some pretty hefty consequences. We had an immigration lawyer in NYC take care of our paperwork and he wanted us to know that there was always the risk they didnt believe us. We sent them copies of the return ticket home that we had booked, as well as notarized affidavits from both of our families stating that it was just supposed to be a vacation all along.

Everything went smoothly, and btw they did ask us about it in the interview because it was labled "visitor" on the application. They asked where we entered, how, and what we told the border agent our purpose for coming in was. That went smoothly too, but our interviewer was super nice and I'm sure you might not have as much luck with a grumpy one!

If you have any questions feel free to ask! and Best of luck!