Question about Visa's and marriage

[Jen and Mikey 13]

Hello all...

I am sure this has been asked before, but I have searched and searched and have not been able to find a definitive answer... so I apologize in advance and appreciate any responses.

I am a Canadian and am planning on marrying my American boyfriend.

I have been looking through all the visa's and I feel like the K-1 is the best route to go, but....

I've always wondered if it is possible to just go down for a "visit" and get married one weekend and stay permanently in the US while we file all the paperwork. Is that possible? is there a different visa for that or do they all require me to return to Canada and wait out the process.

I thought I read that you could stay before, but I can't seem to find the site I read it on and everything that I've been reading now seems to be the K-3 which sounds like I have to go back and stay in Canada.

And if it is possible for me to stay while all the paper work is being hammered out, would I be able to apply for a SSN so I can work right away?

I truly appreciate any answers to this... It will help us decide the route to go.

Thanks in advance

Jen

[canadian_wife 1,823]

Nope, entering the US to get married and stay is visa fraud if you enter as a tourist. Sorry, you cannot do it.

If the K-1 visa is for you then you can certainly visit while the visa process goes on, however you will have to have your medical and interview in Canada.

No work without authorization, a SSN is not authorization. You can work only with a employment authroization doc, green card or work visa, without these then no. you cannot work

Good luck

[Jen and Mikey 13]

Nope, entering the US to get married and stay is visa fraud if you enter as a tourist. Sorry, you cannot do it.

If the K-1 visa is for you then you can certainly visit while the visa process goes on, however you will have to have your medical and interview in Canada.

No work without authorization, a SSN is not authorization. You can work only with a employment authroization doc, green card or work visa, without these then no. you cannot work

Good luck

Thank you for the quick response

I really didn't think it was possible, guess it was just wishful thinking

[ISIS AND TROY 5]

It's possible to go for a visit if you have a tourist visa, but you cannot just stay and adjust status based on marriage there because it will be considered visa fraud (entering on a tourist visa with the intend to stay). You can marry there while visiting, but you will have to come back to Canada and wait for the whole processing. You can't overstay your tourist visa, otherwise it will mess up with your plans!

CR1/IR1 visas will allow you to work as soon as you receive your SSC and conditional GC at the address provided (around two weeks), with K1 visas you will be able to work just after adjusting status "AOS"

[canadian_wife 1,823]

It's possible to go for a visit if you have a tourist visa,

Canadians do not require a toursit visa, nor do they travel on the Visa Waiver Program.

Good luck

[ISIS AND TROY 5]

Canadians do not require a toursit visa, nor do they travel on the Visa Waiver Program.

Good luck

[JimVaPhuong 4,863]

Is it possible? Yes. Many people have done it successfully.

Is it legal? No. Entering as a non-immigrant with the intention of becoming an immigrant before you leave, called "preconceived intent", is not legal. There are only a few non-immigrant visas that specifically allow you to have the intention of becoming an immigrant at the time you enter the US. The K1 visa is an example. The WHTI, used by Canadians to visit the US without a visa, is not. If CBP determines at the time you enter that you probably have an intention of becoming an immigrant then they will usually deny you entry. If they admit you, and it's later determined that you lied to CBP about your intent when you entered, then you could be barred from the US for life.

Some people do this, knowing it's not legal, because they also know that the risk of getting caught is relatively small. The consequences if you take the risk and lose can be huge. The risk vanishes if you take the time and obtain the proper visa first.

[Jen and Mikey 13]

Thanks for all the responses..... We are sticking with the K-1.... I just wanted to know for our own sanity if it was worth it and I'd rather not go that route.... too much trouble.