A question about marriage and crossing the border...

[DeadPoolX 9]

Okay, now I'm REALLY confused.

On one hand, I'm being told it's ILLEGAL to enter the U.S. with the INTENT to get married (without the use of a K1 Visa), and on the other hand, I'm being told it's perfectly LEGAL, so long as my fiancee (who would then by wife) RETURNS to her home country of Canada, and THEN we file for the IR1/CR1.

Just for the record, we were NEVER planning on having my fiancee stay here in the U.S. during the processing of the IR1/CR1. She'd remain in Canada.

My fiancee would have information regarding her ties to Canada--employment records and so forth. What else would be considered "really good" proof that my fiancee would be returning to Canada after the wedding?

Edited October 4, 2006 by DeadPoolX

[riblet 0]

From everything I have ever seen or heard & been told by USCIS officials - it is NOT illegal to enter the U.S. to marry a citizen -- the problem is intent to stay - and that of course is what you will have a very difficult time showing.

You must be able to show a great deal of convincing evidence to convince the border guard that she actually will leave the U.S. after the wedding.

Edited October 4, 2006 by riblet

[Marilyn. 340]

does she have morgtage payments are something too??

as long as you are perfectly honest with the custom people your fiancee should be fine..... and don't give them anymore info then they ask for

the worst that could happen is that they wouldn't let your finacee in....

i am pretty sure there are other people on VJ who have done this very thing... hopefully they will stop by this thread and give you some more info.....

Edited October 4, 2006 by MarilynP

[macburt 0]

Hi Dead PoolX

Replying to your question... I am a Canadian who married an American August 20, 2006. On the advice of my lawyer he told us to marry. So I took a week holdidays and crossed the boarder on a Friday night.... and at the time of crossing they asked the standard questions how long are you visting, what are u bringing etc....

I told them I was visting my boyfreind and that I would be staying one week on holidays. I was not married at the time of crossing. We married two days later. (Remember you tell the truth at the boarder and only answer the questions they ask you.. don't be foolish and give more details or flawnt it in their face.... boarder guards don't like that)

I Showed my passport and entered into the country.

It is not legally to marry an american. As long as you are not trying to STAY WITH THEM before your PR card and visa are ready. You can continue to cross the boarder.. the key words in crossing the boarder is "I'M VISITING my husband for the weekend !!!!

I have to show that "I have not left canada and I HAVE ties to the country. I carry my mortgage, paystub, hydro bill, and my lawyer contract.I cross the boarder very weekend to see my husband.

Hope this helps you.... and congrats on the wedding. if I can help any more email me back

[homesick_american 1]

Okay, now I'm REALLY confused.

On one hand, I'm being told it's ILLEGAL to enter the U.S. with the INTENT to get married (without the use of a K1 Visa), and on the other hand, I'm being told it's perfectly LEGAL, so long as my fiancee (who would then by wife) RETURNS to her home country of Canada, and THEN we file for the IR1/CR1.

Just for the record, we were NEVER planning on having my fiancee stay here in the U.S. during the processing of the IR1/CR1. She'd remain in Canada.

My fiancee would have information regarding her ties to Canada--employment records and so forth. What else would be considered "really good" proof that my fiancee would be returning to Canada after the wedding?

There's what the USCIS's website says, and there's what some people here are telling you; it doesn't always jibe.

I'll repeat my recommendation that you contact the USCIS directly and ask them flat-out if what you're planning to do is legal. I'd say it isn't, but I'm not a lawyer.

[Kez/JWolf 6]

homesick_american You are giving wrong information..... it is not illegal to enter the USA to get married.... it is only illegal to enter with the intent to remain.... there are 1000's of people who come to the USA to marry each year... many to a USC... there is a whole industry around wedding planning for people from another country...

The OP should make sure they carry enough proof that they intend to return to canada after their wedding... dont lie at POE.... but only answer the questions asked...

Kezzie

[homesick_american 1]

homesick_american You are giving wrong information..... it is not illegal to enter the USA to get married.... it is only illegal to enter with the intent to remain.... there are 1000's of people who come to the USA to marry each year... many to a USC... there is a whole industry around wedding planning for people from another country...

The OP should make sure they carry enough proof that they intend to return to canada after their wedding... dont lie at POE.... but only answer the questions asked...

Kezzie

The website says that a non-USC planning to marry a USC needs to have a visa. I guess they don't know what their own rules are.

[Yodrak 7]

DeadPoolX,

Now that you've finally cleared that up, it's perfectly legal for an alien visiting the USA to get married while on their visit. It is not legal for an alien visiting the USA to remain in the USA when their authorized period of stay in the USA has expired (ignoring for the purpose of this discussion the possibility of requesting an extension).

As to what would be "really good" proof that your finacee would return to Canada after becoming your wife during her visit - damned if I know. Pack light, or as appropriate for the length of stay intended, and don't provide more information than is specifically asked for?

Yodrak

Okay, now I'm REALLY confused.

On one hand, I'm being told it's ILLEGAL to enter the U.S. with the INTENT to get married (without the use of a K1 Visa), and on the other hand, I'm being told it's perfectly LEGAL, so long as my fiancee (who would then by wife) RETURNS to her home country of Canada, and THEN we file for the IR1/CR1.

Just for the record, we were NEVER planning on having my fiancee stay here in the U.S. during the processing of the IR1/CR1. She'd remain in Canada.

My fiancee would have information regarding her ties to Canada--employment records and so forth. What else would be considered "really good" proof that my fiancee would be returning to Canada after the wedding?

homesick_american,

Quite possible - the people who write blurbs for web sites should be reasonably knowledgable, but they are probably not lawyers.

Further, the person who wrote this particular blurb probably had the same mind-set as many VJers and fail to distinguish between 'marry and stay' and 'marry and leave'. There seems to be an assumption that 'marry' and 'stay' are inseparable, when in fact they are not.

Finally, the advice given by the government cannot be relied on and the government is not responsible for the consequences if someone does rely on it. The Supreme Court has so ruled (folinskyinla).

[EDIT] Finally finally, I suspect that you have mis-stated what the website says, or have taken it out of context. My non-USC wife did not have a visa when we married, and she is not a Canadian, not from a VWP country, nor did she enter the USA 'illegally' (without inspection or undocumented). Everything was done quite properly and legally.

Yodrak

The website says that a non-USC planning to marry a USC needs to have a visa. I guess they don't know what their own rules are.

Edited October 4, 2006 by Yodrak

[Kez/JWolf 6]

homesick_american,

Quite possible - the people who write blurbs for web sites should be reasonably knowledgable, but they are probably not lawyers.

Further, the person who wrote this particular blurb probably had the same mind-set as many VJers and fail to distinguish between 'marry and stay' and 'marry and leave'. There seems to be an assumption that 'marry' and 'stay' are inseparable, when in fact they are not.

Finally, the advice given by the government cannot be relied on and the government is not responsible for the consequences if someone does rely on it. The Supreme Court has so ruled (folinskyinla).

[EDIT] Finally finally, I suspect that you have mis-stated what the website says, or have taken it out of context. My non-USC wife did not have a visa when we married, and she is not a Canadian, not from a VWP country, nor did she enter the USA 'illegally' (without inspection or undocumented). Everything was done quite properly and legally.

Yodrak

The website says that a non-USC planning to marry a USC needs to have a visa. I guess they don't know what their own rules are.

Thank you Yodrak... you explained that much better than I could...

Kezzie

[sophyie 0]

Thinking about it: I would find it really odd if a USC would not be allowed to marry someone from another country in the US, don't you think so?

As long as one sticks to the rules. And as I said, we did ask about that and the consulate in Frankfurt said that it would be possible...

And somewhere in this forum I found a thread about a Canadian- US- couple that got married in the US (and plenty more threats from international couples with one part being USC that got married in the US to do the IR-1/CR-1), can't find it though.

Whatever your decision will be: Good luck!

[homesick_american 1]

[EDIT] Finally finally, I suspect that you have mis-stated what the website says, or have taken it out of context. My non-USC wife did not have a visa when we married, and she is not a Canadian, not from a VWP country, nor did she enter the USA 'illegally' (without inspection or undocumented). Everything was done quite properly and legally.

Yodrak

The website says that a non-USC planning to marry a USC needs to have a visa. I guess they don't know what their own rules are.

Well Yodrak, I quoted the USCIS's website verbatim a few posts ago. All I can do is go by what that site says and judging by my interpretation of the information, what he wants to do is illegal.

However, what he ultimately does is up to him and his fiancee and has no effect on me whatsoever, so I'm not going to argue about it anymore.

[Yodrak 7]

homesick_american,

Then you've taken the statement out of context, because it's quite obvious that a non-USC planning to marry a USC does not necessarily need to have a visa.

It's less obvious, but still true, that what DeadPoolX states he and his fiancee want to do is quite legal. Indeed, if DeadPoolX's fiancee were to apply for a K1 visa the consulate would either refuse the application as inappropriate or issue a B2 visa instead. See 9 FAM 41.81 (Fiance(e)s) Notes, N11.

Yodrak

[EDIT] Finally finally, I suspect that you have mis-stated what the website says, or have taken it out of context. My non-USC wife did not have a visa when we married, and she is not a Canadian, not from a VWP country, nor did she enter the USA 'illegally' (without inspection or undocumented). Everything was done quite properly and legally.

Yodrak

The website says that a non-USC planning to marry a USC needs to have a visa. I guess they don't know what their own rules are.

Well Yodrak, I quoted the USCIS's website verbatim a few posts ago. All I can do is go by what that site says and judging by my interpretation of the information, what he wants to do is illegal.

However, what he ultimately does is up to him and his fiancee and has no effect on me whatsoever, so I'm not going to argue about it anymore.

[homesick_american 1]

homesick_american,

Then you've taken the statement out of context, because it's quite obvious that a non-USC planning to marry a USC does not necessarily need to have a visa.

It's less obvious, but still true, that what DeadPoolX states he and his fiancee want to do is quite legal. Indeed, if DeadPoolX's fiancee were to apply for a K1 visa the consulate would either refuse the application as inappropriate or issue a B2 visa instead. See 9 FAM 41.81 (Fiance(e)s) Notes, N11.

Yodrak

Well Yodrak, it's not obvious to me...but like I said: doesn't affect me, not gonna argue.

[Marilyn. 340]

ok the page you qouted from says this on the top....

How Do I Bring My Fiancé(e) to the United States?

http://www.uscis.gov/graphics/howdoi/fiance.htm

the info on that page is how to move your fiance to the United States...

the OP is not looking to bring his Fiance to The United States at this time..... his fiance plans on coming to the States to visit and get married and then return to Canada.... Then they will apply for A CR1 visa so she can then move to the States....

Edited October 4, 2006 by MarilynP

[homesick_american 1]

ok the page you qouted from says this on the top....

How Do I Bring My Fiancé(e) to the United States?

http://www.uscis.gov/graphics/howdoi/fiance.htm

the info on that page is how to move your fiance to the United States...

the OP is not looking to bring his Fiance to The United States at this time..... his fiance plans on coming to the States to visit and get married and then return to Canada.... Then they will apply for A CR1 visa so she can then move to the States....

Well...if they're going to do that I don't see why they don't do the K-1/AOS route.