Proof that marriage in the US without K-1 visa is OK

[redhead rob 0]

Hey Everybody!

Thanks for creating this great web resource to discuss the visa and immigration process! It's a great resource, and has alleviated a lot of my concerns about completing this process on my own without a lawyer.

I realize that this exact same topic has been covered in numerous other threads on this site, I ran several seraches on the topic and reviewed many threads, but I haven't been able to come up with and answer that completely satisfies my concerns.

Background:

My fiancee is a Canadian citizen, and I am a US citizen. We are planning to get married in the US this summer, she is planning to enter the US as a visitor, without a K-1. Of course she will come with evidence of her ties to Canada (deed, car lease docs, school registration information etc.) After we get married, we will file for the CR-1, go on a honeymoon in the US, and then she will return home to finish school. This plan was set as a result of consultation with an immigration lawyer and reviewing this site.

Concern:

I reviewed the US Embassy in Canada's website and the US State Department's website. On these "official" sites I cannot find any information that specifically says what I'm doing is allowed. There are many threads on this site which reference this same concern, but none of the concerns are resolved with evidence from an official(.gov website or US government form) source.

Question:

Can anyone provide any evidence(from an official source, .gov website for example) that entering the US to marry and then leave is allowed without a K-1 visa?

I just want to make sure all of our ducks are in a row before she crosses the border for the wedding. Thanks in advance for your help and for this great site.

Best Regards,

Rob

[Stephen + Elisha 92]

Nothing wrong with your plan at all. Your fiancee only needs a K-1 visa if she's planning to stay in the US and adjust status following your wedding.

[Little_My 464]

Marrying in the US, whether or not one spouse is American or both are foreigners, is perfectly legal. There is absolutely nothing wrong with that. K-1 is solely for couples who wish to immigrate to the US - so, for example, if me and my American husband were living in Finland before marrying, and wanted to come to the US just to get married and then return back to Finland to continue our lives there, we would not apply for the K-1 - we would come to the US as a couple coming for a holiday, me under the Visa Waiver Program, we would get married here, enjoy our honeymoon in Hawaii, and return to Finland. It is really as simple as that.

What is NOT ALLOWED is coming to the US as a foreigner on a non-immigrant visa, marrying a US citizen, and then staying in the US to adjust status to permanent resident with the intent to do so from the start. It is the AOS part that would constitute visa fraud - not the marriage. CR-1 is meant to be used exactly as you are planning to use it.

Someone may find a gov't source to back this up, but it really is okay to do what you are suggesting. If it wasn't, Las Vegas' economy would take a serious hit with all those foreign people not being able to come and get married by Elvis.

[VanessaTony 3,567]

It's totally fine to marry in the US on a visitor visa and then file the CR-1. I can't show you proof of this outside of the many people that do it. Tourists who fly in and marry in Vegas for example... I suggest you google "can I marry in the US on a visitor visa?"

Here's one article about it: http://www.visapro.com/Immigration-Articles/?a=1252&z=36

[redhead rob 0]

Thanks for all the quick responses!

My main reason for asking this question is that I want to have a strong response ready for any customs officer who questions our intentions. In my mind the stronest response would be from an official government document or website. When I go on those websites I find information like this(from US Embassy in Canada's Website):

In almost all circumstances, Canadian citizens do not require visitor, business, transit or other visas to enter the United States, either from Canada or from other countries. However, some exceptions exist:

•treaty traders (requires E Visa)

•foreign citizen fiancé(e)s (K-1 Visa), as well as the fiancé(e)'s children (K-2 Visa)

That statement (from an offical source) makes it seem like no fiancee's are allowed to enter without a K-1 visa, at all. In most cases, there won't be an issue, I just want to have a contigency plan in case of any issues at the border.

[skiptex 225]

i thought it was a problem if you come into US on tourist visa WITH intent to marry..

whether you stay or not.

will the officer ask what the intentions are to enter to USA? how do you answer.. ?

[Ryan H 3,870]

i thought it was a problem if you come into US on tourist visa WITH intent to marry..

Coming with intent to marry = no problem.

Coming with intent to stay and adjust = problem.

[max+patricia 24]

i thought it was a problem if you come into US on tourist visa WITH intent to marry..

whether you stay or not.

will the officer ask what the intentions are to enter to USA? how do you answer.. ?

Be honest. Proof of ties to your home country and any history you have coming/going to/from the US is helpful.

My wife and I did exactly this even after having gone the whole K-1 route last year, which we thought may have been a red flag at Immigration. It wasn't. Be honest, give short and accurate answers, don't provide more than what's being asked for, make your case if it's needed. The IO at my wife's POE reminded her to leave before her I-94 expired, congratulated her, and sent her on her way. YMMV, but it's definitely legal.

As others have said, coming here with the intent to marry is fine - coming here with the intent to marry and adjust isn't. Big difference.

[skiptex 225]

ryan.. mp..

thanks..

[KLS2010 30]

I can't give you an official link....but I can tell you from personal experience that there is nothing wrong with marrying in the US and then leaving. I did this myself - was in the US on VWP, got married and returned to Australia 2weeks later.

[Glyn and Kathy 288]

My husband flew in with his best man on December 12th 2006. We got married on December 16th. He flew back to England on December 25th. No problem. They did ask at immigration what the purpose of his visit was...he said he was getting married. They asked for his K1 and he explained he wasn't staying. They sent him through without a problem.

[redhead rob 0]

Thanks everybody for the replies!

It seems like this is very commonly done, and as long as we are prepared with connections to the home country this shouldn't be an issue. All these examples of couples doing exactly what we are planning to do without issue is very encouraging!

However, I would still like some concrete proof to show in case we run into a customs officer that has an understanding similar to what is shown on the various .gov websites. If anybody has something in writing from an official source specifically stating what we are trying to do is OK that would be very helpful.

Thanks so much for your time!

Rob

[Glyn and Kathy 288]

You could always try emailing or calling Customs and Border Control and ask them? It really shouldn't be a problem though as long as you can show proof of intent to depart within 90 days and strong ties to Canada. I know you're just trying to cover all the bases...but it really is done all the time.

[Fishguy 1]

Remember that Canadians don't get tourist visas. Heck, we don't even get a stamp in our Passports when we enter the US. Due to the relationship between Canada and the US, entering is typically much more simple for a Canadian than most others. They typically only ask what your duration of stay is, do you have any fruits and vegetables etc.. As with many things in life I usually find it better only give answers to the questions asked and not volunteer too much extra info.

If she has strong ties to Canada, and can even show current registration in University there, she should be fine. If she's leaving to file the visa app. then there should be no hassle with the visa app since she left the country voluntarily to apply.

When I adjusted status the agent actually laughed and said that it really didn't make much difference for me since I had regularly entered and left the US as a student and then as a professional under NAFTA. Basically she said I could already come and go as I pleased, so the adjustment of status was pretty much a formality.

Basically, have her take a copy of her lease, perhaps a letter from her employer stating that she has a job in Canada, documents showing her enrollment in university, etc. She probably won't even need any of these, but it's worth it to have them on hand just in case. If she's driving down make sure that she isn't bringing a carload of her belongings, because that will raise plenty of questions as to her intent to leave.

[Matsiepan 6]

Remember that Canadians don't get tourist visas. Heck, we don't even get a stamp in our Passports when we enter the US. Due to the relationship between Canada and the US, entering is typically much more simple for a Canadian than most others. They typically only ask what your duration of stay is, do you have any fruits and vegetables etc.. As with many things in life I usually find it better only give answers to the questions asked and not volunteer too much extra info.

I get stamped every time I have flown to the U.S. to visit my husband. I just don't get stamped when I drive across.