A few questions

[benoi027 3]

The amount you end up paying to file a K-1 and then a K-3, like Immigration suggests, is too much for us. We're a younger couple, and how am I supposed to be able to go to school AND support myself when I am having to pay an unjustifiable amount for some people to look at some papers, give me a physical, and ask me some questions? There has to be a legal, honest, and less expensive way to do it.

Yeah, I know... it is insanely expensive. I thought I had looked into all this prior to filing, and there are a ton of expenses I didn't know about. The CR1 is probably (although I haven't looked into it nearly as much) a cheaper route. For us, part of it was wanting to get to be in the same country once we were married, rather than getting married and THEN having to wait. But you're right, it probably would be less expensive to do the CR1. I actually wasn't aware of Jay-Kay's comment that you could go there, be married, then return home; so that might be a better option for you. Just be sure you look into it thoroughly to be sure you won't a) have planned a wedding you won't be able to be at if denied, and b) won't be stuck in Canada for years if it turns out this wasn't the way USCIS would have you do it.

Tough decisions, but at least you get a very happy outcome in the end! Good luck!

[justicejs 0]

Have your legal marriage in Canada and then apply for the CR1. Have a "real" wedding later in the US if you so desire. Avoids any risk of being accused of fraud for marrying in the US without declaring intentions to do so.

I'm American and my fiance is Canadian and coming here. While he's never been stopped when visiting they always ask him is he SURE he's not coming here to get married. Personally I wouldn't risk getting married in the US, too much potential to cause problems down the line.

That's a good idea. But what about when we cross into Canada? Will they ask us if we plan to get married, and if we say yes, will they let him in?

[agrabs 237]

Neither the K1 nor the CR1 is going to seem fast and easy. Which ever one you choose is going to take time and patience and $$. You should pick the one that is going to give you the best outcome for your specific situation. My fiance and I agonized over which one would be best. I read the forum guides on k1/Cr1 so many times i think i have them memorized. I really wanted to do the CR1 but like a previous poster stated, it would have been difficult to marry in my fiance's country due to translations, waiting period, etc. Not to mention he would have had to plan the entire wedding lol . Which ever process you pick, do your research, prepare for it and follow the rules and guidelines, if you think something is questionable, don't do it - it could come back to haunt you later. Good luck with your Visa Journey!

[afoyoswa 178]

We chose the K-1 approach because we wanted to do the waiting part of it before we got married, not after, and having some period of time elapse between deciding to get married and actually getting married seemed much more prudent. With the K-1, we got engaged, applied for the visa, and once it gets approved, we will have a wedding here in the US. With the CR-1, we would have either needed to marry immediately in his country after getting engaged, or get married on a future visit months later and then file for the CR-1 at that time, neither of which seemed like what we wanted to do. Of course, he is also in that vast group of people for whom casual travel to the US, regardless of the purpose of their trip or what they do or don't disclose at the POE, is difficult if not impossible, so marrying in the US without a K-1 visa was never an option the way it is for you.

[Rob & Monika 87]

It really is entirely up to the border agents, there is no clear yes or no answer as to whether you can cross.

I remember reading someones story on here where they got married in Canada, then filed for the spousal visa, and the Canadian was no longer allowed entry at the US border. They didn't say why she got flagged, but the USC had to make all the trips north to visit until the visa was approved.

This past weekend, my fiancee was told that they wanted to make sure she wasn't moving down to the US. She made a comment like "Not yet". They checked the vehicle for how much stuff she was bringing to make sure it was just a short stay. Then they started grilling her about who I was, where I worked, what I did, etc and has some comments about how she couldn't remember the answers right away. This is really the first time they have given her a hard time at the border.

Just be careful what you say to them, even the slightest hint that they think you will be moving down without a visa will put you under a microscope.

[jaycali 415]

2. The fact that I don't know any information about my biological father could cause problems with obtaining my visa

Hmm, my wife and I had the same issue when filing. She's the USC petitioner but doesn't know anything at all about her biological father. She was raised by her step father. Doesn't even know her biological father's name and never met him.

In the G-325A she wrote "unknown" for father, and wrote a letter stating that she doesn't know him, has never had contact with him or even met him, and that she was raised by her mother and step father. It's been kind of a non-topic in their family as she even has her step dad's last name. We had to do this also because her step dad is listed as her "father" on the marriage certificate. I'm still not sure if this will be an issue, but the petition made it through the acceptance stage at least..

Anyone have this problem before?

To the OP, I wouldn't exactly imagine it being a huge deal. Most adopted children never meet or know their biological parents, and plenty of people out there have no knowledge of their biological father.. But I guess in this process, accuracy and correct information is extremely important.

Edited April 25, 2012 by jaejayC

[MangoAve 25]

Not always can the foreigner get a visa to enter. As was stated on a previous reply there needs to be strong ties to the foreigner's home in the country of origin. Homeland security will just see a poor person entering the US so either I-129F or I-130 are the only means to get them here.

[jaycali 415]

Homeland security will just see a poor person entering the US so either I-129F or I-130 are the only means to get them here.

I don't think escaping poverty is a major suspicion towards Canadians..

[Poolshark 0]

Thank you. This makes it much easier on us.

If the fiancee visa isn't absolutely necessary, why do most people still opt to get it before getting married?

We chose to do the K-1 first on the theory that if they turn us down for the fiance visa, we can get married and try again. If we were already married and they turn us down, we have no recourse. I don't know if this is right or not, it is just what we thought.

[rocks 494]

I don't think escaping poverty is a major suspicion towards Canadians..

Maybe not poverty but every time I came here from UK I was accused of wanting to stay and taken into secondary interrogation for long amounts of time.

[justicejs 0]

I don't think escaping poverty is a major suspicion towards Canadians..

I'm not sure, but they do definitely always think I'm suspicious.

Maybe they see my age and think red flag, or maybe it's because I get nervous when they fire 100 questions at me and stare me down...but either way, they always give me so many issues. And I am a big rule-follower. I only ever have good intentions, I would NEVER try to overstay the 6-month time limit, or stay here illegally....but they always act like I'm a huge threat!

So I'm trying to be extremely thorough in doing all of this, because Homeland Security has always come down on me everytime I bat an eye or pause before speaking..I appreciate everyone's input. My fiance and I have decided we're going to talk to a couple of Immigration lawyers here in town, and then we'll make our decision.

[justicejs 0]

Hmm, my wife and I had the same issue when filing. She's the USC petitioner but doesn't know anything at all about her biological father. She was raised by her step father. Doesn't even know her biological father's name and never met him.

In the G-325A she wrote "unknown" for father, and wrote a letter stating that she doesn't know him, has never had contact with him or even met him, and that she was raised by her mother and step father. It's been kind of a non-topic in their family as she even has her step dad's last name. We had to do this also because her step dad is listed as her "father" on the marriage certificate. I'm still not sure if this will be an issue, but the petition made it through the acceptance stage at least..

Anyone have this problem before?

To the OP, I wouldn't exactly imagine it being a huge deal. Most adopted children never meet or know their biological parents, and plenty of people out there have no knowledge of their biological father.. But I guess in this process, accuracy and correct information is extremely important.

Thanks, I'll make sure to write that on my application as well, just to be sure.

[Liz&Nate 23]

I had no problem crossing into the US while waiting out the fiancé process with a multiple entry visa, although you really should bring documents from your current work, bills, etc that prove you have strong ties and plan to come back soon. I actually always stated that I was visiting my fiancé and other than a couple of thorough checks I had no problem. The question of K1 over CR1 come up often and it really does depend on whether you want to wait before or after you get married. You should also consider that if you go the K1 way, you won't be able to go back to Canada until well into the adjustment of status process (when you receive your advance parole prior to Green Card). Congratulations on your engagement, nothing about this will be very easy, but if you love each other it will be well worth it. Visajourney is an invaluable resource, so welcome!

[justicejs 0]

I had no problem crossing into the US while waiting out the fiancé process with a multiple entry visa, although you really should bring documents from your current work, bills, etc that prove you have strong ties and plan to come back soon. I actually always stated that I was visiting my fiancé and other than a couple of thorough checks I had no problem. The question of K1 over CR1 come up often and it really does depend on whether you want to wait before or after you get married. You should also consider that if you go the K1 way, you won't be able to go back to Canada until well into the adjustment of status process (when you receive your advance parole prior to Green Card). Congratulations on your engagement, nothing about this will be very easy, but if you love each other it will be well worth it. Visajourney is an invaluable resource, so welcome!

Thanks for the advice and the welcome I'm already finding it helpful and am learning a lot of things that I had no idea about before.

[KayDeeCee 4,891]

What are some things I can show them I plan to return home?(And I DO plan to! I don't intend to stay, I just intend to save money and time...lol)

There's never been a time when I've come through customs that they didn't ask me what I was planning to do here. So if I told them I was getting married but would be returning home within a week, with proof of strong ties and intentions to leave, would they give me a ton of trouble?

I am not sure why the other post that stated you must have a K-1 to enter the US to get married has 2 plus marks on it. It is completely wrong. You can legally enter the US on a tourist visa or VWP, get married and go back home. You do not have to have a K-1 to marry. You have to have a K-1 if you plan to marry and stay in the US, adjust status and stay permanently. This is an older thread, but has lots of info about it: http://www.visajourney.com/forums/topic/274434-getting-married-on-a-tourist-visa/

This thread is about showing ties when visiting and are already in the middle of filing for a K-1, BUT, it does have plenty of ideas of what you can bring with you to prove ties to Canada so they know you have no intent on staying. http://www.visajourney.com/forums/topic/264772-proof-of-ties-to-canada/

Just state you are going to visit your fiance if they ask what the purpose of your visit is. They may not ask if you plan to marry while in the US. Don't offer up any information they do not ask for, but if they ask outright and directly, answer honestly. If they allow you in, have a lovely wedding, return home, and then start filing for the spousal visa. Good luck!