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

[Pegworth 2]

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.

Yes they would have to prepare for that potential 3 month wait to work.Working is a mute point if they are denied because of intent. I still think the K1 is the safest route. If they were to marry after one month or sooner they could work sooner. The bottom line is they plan to marry. I would not even entertain and I would not take the chance of being denied because of immigrant intent when there is no need to put yourself in that situation.

[pushbrk 12,245]

Yes they would have to prepare for that potential 3 month wait to work.Working is a mute point if they are denied because of intent. I still think the K1 is the safest route. If they were to marry after one month or sooner they could work sooner. The bottom line is they plan to marry. I would not even entertain and I would not take the chance of being denied because of immigrant intent when there is no need to put yourself in that situation.

This is a common misunderstanding, actually two misunderstandings. First, the danger of being denied entry to the USA for immigrant intent is the same for a spouse or fiancee BECAUSE they actually both have immigrant intent. Each entry is a separate decision by a CBP officer and the fiancee of a US Citizen has the same level of immigrant intent as does a spouse of a US Citizen.

Second, it is not just a three month wait to work. The K1 cannot leave the USA and get back in OR work until three months after filing AOS, which cannot be done until a marriage certificate is in hand.

The appropriate visa will be the one that fits the couple's needs, plans and circumstances. Neither you or I know enough about those things to know what's best for their situation but, SAFETY, is not an issue either way.

[daddySEAL 0]

THANK YOU ALL...I AM TAKING THIS ALL IN AND LEARNING...THANKS TO ALL YOU KIND PEOPLE...THANK YOU~!!!!

[Pegworth 2]

This is a common misunderstanding, actually two misunderstandings. First, the danger of being denied entry to the USA for immigrant intent is the same for a spouse or fiancee BECAUSE they actually both have immigrant intent. Each entry is a separate decision by a CBP officer and the fiancee of a US Citizen has the same level of immigrant intent as does a spouse of a US Citizen.

Second, it is not just a three month wait to work. The K1 cannot leave the USA and get back in OR work until three months after filing AOS, which cannot be done until a marriage certificate is in hand.

The appropriate visa will be the one that fits the couple's needs, plans and circumstances. Neither you or I know enough about those things to know what's best for their situation but, SAFETY, is not an issue either way.

I think your in more danger by crossing as a visitor and marrying hands down but that's just me. I don't know how stating that your waiting for a K1 and going for a visit can be a "misunderstanding". Your being clear and truthful about your immigration path and it's considered the right way to do things in USCIS's eyes.

Why bother applying for the K1 if your not going to wait to come marry on that visa to begin with this makes no sense to me or I would imagine to USCIS.

I would think they would appreciate you taking the right path more than anything because everything is on the table and in order. You will just need to provide ties to home if it comes up at the border. If the K1 is denied I can see crossing being a problem or having some explaining to do or your intent. I would just like to add I received my EAD a month and half after we filed.

pushbrk I honestly don't know why your suggesting they do something else or how the K1/CR1 is somehow at a disadvantage to this situation when it's their best and safest choice.I also don't know why you suggest there is such long time they can't work as being a discouraging factor to take this route.

I also don't understand why USCIS would issue K1 visa's just to deny people entry especially If they have been spending time together already and your being discouraging on this front as well. This is the path USCIS wants people to take.We can only speculate about the individuals back grounds and yes there is a chance any immigrant at any time can be denied entry. However it still doesn't make the K1/CR1 the wrong way especially compared to marrying on a clandestine trip.

It my opinion it doesn't help to discourage them from this route any way that's just my opinion.

[pushbrk 12,245]

I think your in more danger by crossing as a visitor and marrying hands down but that's just me. I don't know how stating that your waiting for a K1 and going for a visit can be a "misunderstanding". Your being clear and truthful about your immigration path and it's considered the right way to do things in USCIS's eyes.

Why bother applying for the K1 if your not going to wait to come marry on that visa to begin with this makes no sense to me or I would imagine to USCIS.

I would think they would appreciate you taking the right path more than anything because everything is on the table and in order. You will just need to provide ties to home if it comes up at the border. If the K1 is denied I can see crossing being a problem or having some explaining to do or your intent. I would just like to add I received my EAD a month and half after we filed.

pushbrk I honestly don't know why your suggesting they do something else or how the K1/CR1 is somehow at a disadvantage to this situation when it's their best and safest choice.I also don't know why you suggest there is such long time they can't work as being a discouraging factor to take this route.

I also don't understand why USCIS would issue K1 visa's just to deny people entry especially If they have been spending time together already and your being discouraging on this front as well. This is the path USCIS wants people to take.We can only speculate about the individuals back grounds and yes there is a chance any immigrant at any time can be denied entry. However it still doesn't make the K1/CR1 the wrong way especially compared to marrying on a clandestine trip.

It my opinion it doesn't help to discourage them from this route any way that's just my opinion.

There's probably a lot you don't understand particularly when it comes to WHY and that's why we're disagreeing. However, as a result of extensive experience with these matters over several years, I actually do know and although your opinions are reasonable they are not based on the correct set of facts. There is nothing "unsafe" about marrying in the USA while visiting and doing so is not the "wrong way" in any way. A fiancee or a spouse of a US Citizen have the same level of immigrant intent and have the same entry requirements during their visa processes.

Couples are wise to carefully consider all their priorities and circumstances first and then chose the immigration path that best fits those priorities and circumstances. There are advantages and disadvantages to all the options. When couples understand them and weigh them against their priorities, they usually make the best choice for them.