Ok VJ friends, I need some advice,

[Julie B. 2]

My fiance is Canadian and lives in Windsor. I live in Michigan and he comes over every weekend to see me. We are going to get married in Ohio soon, and can do it spur the moment so he doesn't have to lie at the border as to why he's coming over. We wont be able to apply for cr1 until after the first of the year, due to finances. We are just trying to decide when to tie the knot. We could do it next week since I will be there on business. We are worried that when he crosses after that and before we apply for cr1 that when he says he's coming to see his wife, they won't let him cross. He will be able to have his rental agreement and a letter from work, but we both know it would be better if he had something showing he had already applied for his visa. If he continues to tell them he's crossing to see his girlfriend, and they find out later that we had been married for a few months, that won't be good. Should we wait to get married until just before we apply for the visa? That way he can have something in hand showing he has applied? Jeez this is hard. Thanks in advance for your help.

[Oksana & Max 94]

You can't apply for a CR-1 visa if you are not married. You can only than apply for a K-1 fiancee visa. Don't try to lie on the border as they can find out the truth. It is all depend on the CBP officer. Your fiancee would need to show strong tight back in order to get thru.

Good luck on your journey.

[skiptex 225]

good advice.. is not lie

[Flames9_RN 358]

My fiance is Canadian and lives in Windsor. I live in Michigan and he comes over every weekend to see me. We are going to get married in Ohio soon, and can do it spur the moment so he doesn't have to lie at the border as to why he's coming over. We wont be able to apply for cr1 until after the first of the year, due to finances. We are just trying to decide when to tie the knot. We could do it next week since I will be there on business. We are worried that when he crosses after that and before we apply for cr1 that when he says he's coming to see his wife, they won't let him cross. He will be able to have his rental agreement and a letter from work, but we both know it would be better if he had something showing he had already applied for his visa. If he continues to tell them he's crossing to see his girlfriend, and they find out later that we had been married for a few months, that won't be good. Should we wait to get married until just before we apply for the visa? That way he can have something in hand showing he has applied? Jeez this is hard. Thanks in advance for your help.

For the CR-1 route, one has to be married before you start any of the paperwork! Many of us Cdns visited while the CR-1 process was ongoing. All depends on the POE officer and ensure he has ties to canada! I never had a single problem, nor did I ever have to show any ties to Canada--BUT, I had it with me, in case they asked. I never offered it up! My advice is down below! Never LIE and never blab away! Only give them what they want, be direct and be polite! Best of luck

[Julie B. 2]

Thank you all for your replies. I know that you can not apply for a cr1 until we are married. I guess my question is should we wait until right before we file to marry, or would it be okay to get married now (as we will be waiting to file at the first of the year) He won't be lying at the border either way as he will be telling the officer he is going to see his wife. If we do it now, he just wont have any proof that we have filed for a cr1 yet. If we wait until right before we file, then the next time he were to come over he would have some type of proof that we just got married, and applied for the visa. Wow I just re-read this and it sounds really confusing. Sorry everyone, maybe I need some sleep:)

[dukeandduchess 141]

It sounds like you're worried that if you get married and you want to visit, you feel like you won't be able to unless you've filed for the CR-1? If this is what you think (and not just my understanding of your post), don't worry about it. All you or your fiance(e)/husband need to do when travelling is bring proof of ties to your country. So bring a copy of a lease, letter from an employer, etc.

[Flames9_RN 358]

Thank you all for your replies. I know that you can not apply for a cr1 until we are married. I guess my question is should we wait until right before we file to marry, or would it be okay to get married now (as we will be waiting to file at the first of the year) He won't be lying at the border either way as he will be telling the officer he is going to see his wife. If we do it now, he just wont have any proof that we have filed for a cr1 yet. If we wait until right before we file, then the next time he were to come over he would have some type of proof that we just got married, and applied for the visa. Wow I just re-read this and it sounds really confusing. Sorry everyone, maybe I need some sleep:)

On a weekend trip to DC we got married, and luckily VA hands out the marriage cert the next day, we started the CR-1 paperwork within days of the marriage! I then returned back to Canada. No reason to wait to file, the process can take up to a YEAR!! Then even after you have the visa in hand, one has like 6 months to use it, if its a timeline issue for u. One can have other proof other than immigration paperwork (return airfare, lease, letter from employer stating he is expected back on a certain date, etc etc etc)

[SapphireDreams 71]

On a weekend trip to DC we got married, and luckily VA hands out the marriage cert the next day, we started the CR-1 paperwork within days of the marriage! I then returned back to Canada. No reason to wait to file, the process can take up to a YEAR!! Then even after you have the visa in hand, one has like 6 months to use it, if its a timeline issue for u. One can have other proof other than immigration paperwork (return airfare, lease, letter from employer stating he is expected back on a certain date, etc etc etc)

If you read her initial post, they cannot afford the application financially, that is why they would need to wait to file.

I'd personally try to dig up the money to file the paperwork.

Married or not married, your bf could run into issues at the border, so I would do whatever works best for you.

[warlord 72]

Yes without the proper documents he will be denied at the border. If doesn't mention the wedding and getting married and just says he's visiting to get across then he is lying at the border and could face serious repercussions including a ban on entering the US.

One cannot just simply walk across the border and get married, it doesn't work that way...

[Krikit 1,163]

If you want to get married next week.... get married next week. Don't let the second-guessing of what may or may not happen at a border crossing interfere with the happiness of that day. You're putting undue stress on yourself. Having a CR-1 in process isn't going to make one whit of difference if the officer of the day doesn't understand how immigration works. So... my advice... get married when you want to and enjoy the moment. Be prepared with proof of ties when either of you cross. Have a backup plan, or just accept it as the way things go, if one of you is refused entry. This is your and your fiancé's day. It's not yours and your fiancé's and the border officer's. Congratulations!

Edited October 20, 2011 by Krikit

[frostiana 12]

My fiance is Canadian and lives in Windsor. I live in Michigan and he comes over every weekend to see me. We are going to get married in Ohio soon, and can do it spur the moment so he doesn't have to lie at the border as to why he's coming over. We wont be able to apply for cr1 until after the first of the year, due to finances. We are just trying to decide when to tie the knot. We could do it next week since I will be there on business. We are worried that when he crosses after that and before we apply for cr1 that when he says he's coming to see his wife, they won't let him cross. He will be able to have his rental agreement and a letter from work, but we both know it would be better if he had something showing he had already applied for his visa. If he continues to tell them he's crossing to see his girlfriend, and they find out later that we had been married for a few months, that won't be good. Should we wait to get married until just before we apply for the visa? That way he can have something in hand showing he has applied? Jeez this is hard. Thanks in advance for your help.

Doesn't your husband want to move over there eventually to live with you? If he does than after you get married you should apply for the CR1. It takes a long time. If you don't apply for the K3 visa it is less expensive and he waits out the greencard on the Canadian side. That will buy you some time, it would be less expensive and you would have papers in hand to show you've started the immigration process.

It is less expensive to do it that way and you can be married in the meantime!

[Flames9_RN 358]

Yes without the proper documents he will be denied at the border. If doesn't mention the wedding and getting married and just says he's visiting to get across then he is lying at the border and could face serious repercussions including a ban on entering the US.

One cannot just simply walk across the border and get married, it doesn't work that way...

Actually one can! There is no law that 1 can't get married in the USA. Many like myself have done it. The onus is on the person crossing, if asked to prove that they will be returning to Canada! Of course one just isn't going to blurp out "I'm getting married" one is going to be intelligent about it and answer only the questions they are asked. Again it al comes down to the POE officer.

In the long run the K3 costs more $$$$. I guess initially it is less, but the kicker is it takes the same amount of time as the CR-1, but does not have all the +'s. k3 is pretty much gone the way of the dodo bird

Edited October 20, 2011 by Flames9_RN

[pocheros 101]

Before I even started the immigration process and knew what a K1 visa was I used to run into a little trouble crossing the border because I'd say I was visiting my boyfriend. I was never denied entry but heavily questioned, and being the uneducated person I was I always thought "geez, why do they give me such a hard time?" LOL. So the point is, no matter where you are in the process it doesn't really matter- just be prepared to show proof of ties and you should be fine, although there's no guarantees. I had to fly to see my husband so my return ticket always helped!

Here is a good link that compares different visas: http://www.visajourney.com/content/compare

Note, DCF is no longer an option in Canada, and a K3 is pretty much useless compared to a K1 or a CR1. There are many variables to consider but personally I wish I had gone the CR1 route because when the fiance arrives in the states they already have their green card and receive their SSN shortly afterwards, which means they will be able to work soon! I *think* (I'm not sure) they are also able to cross the border a lot more easily, which sounds like it might be important since the border is so close to you guys, obviously the fiance might want to visit home often. The CR1 is also cheaper.

But with a K1, when the fiance arrives in the US they are NOT allowed to cross the border until they file for their green card, work permit, and advanced parole (which is permission to cross the border without losing status), and that costs $1,000. (Technically a K1 could cross the border after entering the States, but they wouldn't be allowed back in the US!) So the fiance has to go without any visits to Canada until all that stuff has been filed, paid for, and processed, which takes a couple months minimum.

Anyways I hope all this information isn't overhwelming. Whether you decide to get married today or a year from now, you should start collecting evidence of your relationship, research the process, and save as much money as possible (the process is expensive!). That will give you a good head start!

Edited October 20, 2011 by pocheros

[Julie B. 2]

Thank you everyone so much for the helpful advice. A fiance visa really isn't an option for us because my man has his son and elderly mother back in Windsor. He needs to be able to be with them if need be. I would rather him be there and wait out the time period and I can visit him every other weekend (I have 3 kids that go to the x's house every other weekend. Hopefully that won't be necessary if he can continue to cross on weekends. He just got approved for his Nexus pass, which I know doesn't always make things easier, but hopefully it will. Again, thanks eveyone. Looks like I'll be a Mrs. in a week!

[Flames9_RN 358]

Thank you everyone so much for the helpful advice. A fiance visa really isn't an option for us because my man has his son and elderly mother back in Windsor. He needs to be able to be with them if need be. I would rather him be there and wait out the time period and I can visit him every other weekend (I have 3 kids that go to the x's house every other weekend. Hopefully that won't be necessary if he can continue to cross on weekends. He just got approved for his Nexus pass, which I know doesn't always make things easier, but hopefully it will. Again, thanks eveyone. Looks like I'll be a Mrs. in a week!

It does NOT matter what relationship visa one goes for(k1,k3,cr-1/ir-1) one CAN still visit the USA. Again its all up to the POE officer. As I said before, most do not have a problem, some get questioned a bit more and yes some get denied entry(Denied and banned are very different!) 1 could have the worlds best evidence that ur going to return to Canada, and he can still deny 1 entry! But most do not have a problem! Spend some time on the CR-1 forum, read the GUIDES, look at the top of this page and take a look at the EXAMPLE FORMS. Start to get the paperwork ur required--long form birth cert. divorce cert,etc etc! Wait a bit on the police cert as they are good for 1 year and usually very easy to obtain. But do read the guides. No 1 cares more about ur case than YOU!! People give u bad advice, they do not suffer, you get the point,lol best of luck