Canadian marrying US citizen

[L and J 0]

I am a Canadian citizen planning to marry my American fiancée who lives in Texas. Our plan is to get married in the US and for me to return to work in Canada while she applies for a CR 1. I work for the Canadian Federal government and have no plans to stay in the US until the CR 1 is approved. Is this considered a legal option? And if so as long as I show I have strong ties to return to Canada, can I continue to visit her? This would be our first visit although we have spent about 7 months communicating via phone and email.

Also I know if they ask me about getting married to not lie to them but do I need to volunteer the information? Also would this stop them from allowing me to enter the US if they knew I was entering to get married?

[Inky 1,110]

You don't need to volunteer any information. Just answer the questions they ask, don't tell a whole story just the short facts.

Applying for the CR-1 would be the correct thing to do, you absolutely can visit back and forth during the process, bring ties to Canada with you when you cross.

[Kathryn41 3,205]

Yes, the CR-1 visa is the correct visa to pursue. Yes, you can visit your /fianceewife in the US and she can visit you in Canada.

Prepare a package of evidence that provides proof of your ties to Canada- employment information (letter from employer), proof of having to return to work at the end of your visits south, ongoing financial obligations in Canada, insurance, rent/mortgage receipts, upcoming appointments, return flight tickets, etc; Don't put resumes or out of season clothing in your luggage or bring more than you need for your time together.

If you are asked, you say you are visiting your fiancee. If they ask about getting married, then you answer the question and in this case you can volunteer a little bit more to reassure them that you are not a potential immigration risk. You can say, 'Yes, we are planning on getting married on XXXX date" or "we are thinking of getting married but don't have a date yet" and add '"We will be filing for a CR-1 visa at that time. We hope to visit back and forth but I am staying in Canada until we get the visa because of work obligations" (you can add other obligations as well if they are applicable). It is always a good idea to volunteer the date of your return on any visit as well, such as "I am flying to Texas for 5 days and will be coming back next Tuesday" or something like that. You 'plant' the information that you are intending on returning home.

It is volunteering a little bit more information, but it is information that advises them that you are a) aware of the proper process and know what to do, and b) you are planning on doing things legally.

Make sure the package of evidence you have on the visit on which you get married is really strong. You don't want to be turned back on that occasion.

Once you have your CR-1 package underway, carry a copy of it with you when you travel, especially after you get the first receipt from USCIS - it is good evidence of your intent to do things legally.

They can turn you back at the border at any time and if they think you might marry and stay in the US, they will certainly turn you back, so you need to make sure they get the information that you have no intentions of remaining in the US until you enter with the visa.

Edited November 28, 2011 by Kathryn41

[Kathryn41 3,205]

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I've also moved this thread from the K-3 forum to the CR-1 forum as the OP is discussing pursuing a CR-1 visa