I don't want to leave him!

[Caladan 19]

Just a point of clarifcation:

Intent to marry is not the issue. Intent to *immigrate* at the point of entry is the issue, and intent to marry is relevant insofar as it relates to intent to immigrate. Time elapsed is relevant insofar as it appears to establish intent to immigrate, but it's just a guideline and can't be given too much weight.

E.g., I know plenty of international couples who met while in grad school. They didn't cancel their student visas and run home to wait out a spousal visa process once they got engaged. As they were legitimately using their student visas (properly enrolled, etc), they just adjusted status based on their marriage. Why? Because they didn't use the student visa to immigrate or with immigrant intent. They used it to go to school; then they fell in love, got married, and then decided to immigrate. And that is completely fine by the U.S. government.

So the issue isn't the marriage. It's whether the marriage itself looks like evidence of intent to immigrate. Here, the worry would be that it really looks like you had both -- intent to marry and to stay. So the CR-1 is likely the route with the least hassle. But it is not fraud to enter without immigrant intent, marry, and then decide to stay. It's just difficult to prove that you didn't have intent, and the burden of proof is on the applicant.

[Russ and Jie 2]

I don't want to sound harsh here, but no one on here wants to be away from their fiance(e), or spouse for that long, but we are doing it because it's the process that we're required to follow, and we want to be with our loved one forever when the time comes. If the two of you love each other as much as you say you do, then 3 months, 6 months, or a year is not going to matter. For you to say that it is too long to be away from your true love, implies that because the vast majority of us are away from our loved ones for that long that we must NOT have true love? Which is a ridiculous statement to make.

Sorry, but I have been apart from my "true love" for over 7 months and I promise you I love her every bit as much as you love your husband.

Congratulations on your marriage!

(And yes I'm doing a bit of venting here!)

[nane1104 146]

Did I say to the OP "here is what I suggest"?? Nope I merely told the facts of what I did unaware at the time it was going to be a problem...

Geesh why is everyone on here so uptight acting like they are immigration attorneys giving out wrong information on most of what i have read

Because it darn well sounded like "what's all the fuss about, I just did it the "easy way", no reason to go back home and do the CR-1"

If you didn't know it was a problem back then but now you do know it was wrong, you should have expressed that better.

[Deputy Purple 1,294]

First off BOB I didn't commit intentional fraud...I was unaware that entering the US with the intent to immigrate was fraud...and you are right had I been asked at the border I wouldn't have lied..I would have told the truth

Geesh you make it sound like I did what I did on purpose with the intent to defraud...you need not to judge people so harshly it might make you a little less uptight

You might want to heed your own words about judging others, I never said you did anything intentionally and in fact posed the question about how you would have answered the question about intent at the border in light of that "gray area".

[waytogoliezel 0]

Everyone is weighing in. Kathryn41 has inserted herself as the immigration expert, but she not right either on every point! Canadian cititzens (some exceptions)don't need a nonimmigrant visa per the U.S. State Department. It says in part: "Citizens of Canada traveling to the U.S. do not require a nonimmigrant visa, except for the travel purposes described below." Some of the purposes that require a visa includes, K-1,K-2,K-3. Not visitors! So as a visitor, you do "GET A WAIVER" under "The Western Hemisphere Travel Initiative".

Don't be lazy and go directly to the source and get your hard information. Your Sources include: The USCIS site, the NVC site, the U.S. Canandian Embassy site and the State Department site (websites that is). The State Department site is listed below. You will need to travel back to Canada and get processed. Then you can visit but not legally stay permanently and work.

http://travel.state.gov/visa/temp/without/without_1260.html

I always go to the source and do my homework. That's why my visa was approved in 78 days and my fiance had her visa in hand in exactly 5 mos from the date I mailed the I-129F packet to USCIS. My fiance is from the Philippines where lots of visas are approved, but lots are denied too! Do it by the book. No short cuts unless it's LEGAL.

GOOD LUCK and I'm sure you'll be fine!

[Little_My 463]

Everyone is weighing in. Kathryn41 has inserted herself as the immigration expert, but she not right either on every point! Canadian cititzens (some exceptions)don't need a nonimmigrant visa per the U.S. State Department. It says in part: "Citizens of Canada traveling to the U.S. do not require a nonimmigrant visa, except for the travel purposes described below." Some of the purposes that require a visa includes, K-1,K-2,K-3. Not visitors! So as a visitor, you do "GET A WAIVER" under "The Western Hemisphere Travel Initiative".

Errr.. Isn't that exactly what Kathryn said?

You are allowed to enter the US (and Canadians are not on a Visa Waiver programme - they have a special relationship with the US where they receive a de-facto B2 visitor's visa when crossing the border) and you are allowed to get married to your US partner. You are not allowed to complete the processing from within the US if you entered the US with the intent of getting married. It is considered visa fraud to use a visa issued for one purpose - in this case the de-factor B-2 visa - for a totally different purpose - to immigrate to the US.

AOS-wise a Canadian tourist is in the exact same situation as a B2-tourist visa holder, but in any case, Kathryn noted exactly what you said: Canadians go through the tourist visa process differently than others. I'm not sure what the point of your post was - besides telling the OP to look at the "original sources", which I totally agree with. I just think the personal notation directed to Kathryn was totally unnecessary, especially since she is usually very much on top of her game around here.

[William33 110]

^^

I have to disagree that she has broken a law. There is no law against coming to the US to marry.

Purple Lilac, you need to consult with an immigration attorney. Consultations are free. Give them a call.

Yes, you can visit back and forth if you choose this route. Just make sure you have proof of ties.

Agreed, US laws were not broken. I should have said intentional immigration fraud. This will be the finding by USCIS, irrespective of actual intent by the OP.

[Purple_Lilac 1]

Thanks again everyone, your comments have been very helpful. When I entered the U.S., I didn't plan on staying, just marrying my Love. But after doing some research online, I read that I would have to leave the States immediately after marrying my Love to apply for a K-3/Cr-1 Visa and that I wouldn't be able to see him during the whole process. That information scared me so what did I do? I joined this site to seek advice and help. I'm glad I did because now I see that what I read is false and I can finally breathe more easily. I am now working on getting a CR-1 Visa.

"Start the CR-1 process now and when your 6 month stay legally allowed is up, return to Canada and allow the rest of the process to take place. In the meantime you can work on establishing the bona-fides of the marriage so you will have an easy approval. Good luck." - Kathryn41

I will do just that, thank you!

"I know you don't want to be apart from your husband, but please take the CR-1 advice, file for the petition, stay as long as you can, and come back to visit during the process." - Casprd

Many thanks! I was only scared about not being able to see my husband throughout the entire CR-1 process. I'm glad I'll still be able to. I wish everyone were able to with their SO.

"People come to the US on tourist visas all the time to marry, and it doesn't make any difference whether they come here to marry another foreigner or a US citizen. What matters are the actions they take AFTER the marriage has occurred." - Little_My

Thanks for your comment! I'm glad I didn't do anything wrong by marrying my Love. I will be going back home when I need to. I'm just glad I don't have to leave now.

"But she did not get asked "are you going to get married?" and then say "I am going to visit my boyfriend". She was asked what the purpose of her visit was, and answered truthfully." - Penguin_ie

Thank you very much for all your comments! P.S. I love your default picture - awwww

"Hope everything works out quickly for you - good luck. Come join us in the Canadian Forum - we have plenty of down home info!" - Udella&Wiz

Thank you for your kind words!

"I don't want to sound harsh here, but no one on here wants to be away from their fiance(e), or spouse for that long, but we are doing it because it's the process that we're required to follow, and we want to be with our loved one forever when the time comes." - Russand Jie

It's ok to vent! I don't mind it at all. But just so you know, I wasn't implying that those away from their soul mates don't have true love. Sorry you took what I wrote the wrong way. I hope you get to be with your Love soon - I wish you both the best in life!

TAKE CARE EVERYONE AND THANKS AGAIN XOXO

[ceadsearc 515]

Good luck! I'm glad you've found a solution that works and I hope your process is quick.