Marrying in the US

[harveyxoxo 0]

I figured I'd make this it's own topic as it's sort of separate from my other one.

So we (my fiance and I) were looking at what getting married in Ontario is going to entail...always read the fine print (ugh). To be married in Ontario, because my fiance was divorced before, we need to get a letter of opinion from a Lawyer, and then apply for the marriage license. They are only valid for 3 months and he needs to go with me with his passport and birth certificate. He is coming to see me in early June, and the the wedding is Sept 22nd so that's obviously not going to work out....it will be very expensive for the letter of opinion, time consuming, and there's not going to be an approrpiate time that he can go with me to get the marriage lisence. I can obviously go without him as long as I have his passport to file...but he kind of needs that to get back into the US.

Now we are considering getting married here first and having the reception / renewal of vows etc in Ontario.

my question is - if we get married in the US and I don't have a K1 Visa and tell the POE officer that I'm just visiting, is it considered fraud? I would be returning to Ontario and waiting until after our wedding to file, it would just save us a LOT of money and headache to be married here first.

Will it affect my ability to travel if I'm married here vs. Ontario and filing, or is it all the same in the wash?

Thanks

[Oksana & Max 94]

As long as you leave the country to wait for the appropriate process it is not an issue. If you get married you will not be eligible for K-1 Visa and will have to go with CR1/IR1 visa.

[New Beginnings 32]

If you enter the country with the intention of marrying and tell the border officer that you aren't that is fraud. I would say that if you are doing something that does not allow you to be perfectly honest in all questions that probably isn't the best idea.

[PleaseDeleteAcct 7]

This is what we did... As long as you get married in the US and the not USC returns home after it is not a problem. You must then file for a CR-1 visa thought (spousal visa since you are already married).

If you claim to just be visiting... then get married.. then try to do an adjustment of status without returning home... THAT is where things become illegal. You cannot get married here in the US with the intent to remain here unless on a fiance visa.

Just be careful and prove at customs that you ARE returning home after the visit and wedding takes place. Proof would be a return ticket home, a note from school or work saying when you are expected back, a note from a landlord or something similar showing you are in a lease... anything that proves you will be going home and do not intend to overstay and/or sneakily adjust your status.

Good luck! Hope all goes well

[PleaseDeleteAcct 7]

If you enter the country with the intention of marrying and tell the border officer that you aren't that is fraud. I would say that if you are doing something that does not allow you to be perfectly honest in all questions that probably isn't the best idea.

^^ I also agree with this. You should not lie to anyone about your intent or it would be much worse. Tell them honestly that you are getting married but make sure to have more than enough proof of your return home as I stated before.

We did this and there were no issues, just be honest and have proof of your intentions.

[harveyxoxo 0]

Thanks...I definetly don't want to stay yet. I won't even be telling friends and family that we got married because our cerimony and reception is in Canada on Sept 22 / 12. It is merley a matter of convenience.

I just don't want to do it if it will jeopardize me being able to come or getting a visa...it is the same as him coming to Canada and us getting married I suppose, just the opposite side of things.

[sheeshkabelle 153]

What a pain in the ####### that is! In Alberta all I had to do was show the commisionary my divorce decree and we got the license right then.

Getting married in the US is no big deal. People do it everyday. As long as you go home to file for the CR-1, there are absolutely no problems. 99% of the time if you tell the CBP officer what you are doing, and you are well aware of the immigration procedures, they have no problems letting you in. Be truthful, look them in the eye, try to not be too nervous, and keep your answers short and to the point. (they don't want a life story) And do no 'volunteer' information.

We were married for a year before I ever filed the I-130 for my husband for his CR-1 visa. He's never had a problem what so ever. He always took poof of his ties to Canada and always told them that he was visiting his wife in Tennessee. One time he was held up but it was Christmas and the CBP officer was cranky. Once Mr. Sheeshka explained that I had not filed yet, because we were saving money for the move and filing fees Mr. Cranky Pants CBP officer let him through.

There are some people who either get pulled into secondary screening (I've been there twice) and there are those that do get denied entry. It does happen. So like Heatdeath said, be sure to take all your proof and have a back up plan just in case.

Edited May 1, 2012 by sheeshkabelle

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Canada regional forum; topic pertains to border crossing procedures between Canada and the US.

[Flames9_RN 358]

Thats what we did! On a visit to the USA, got married and started the CR-1 paperwork!! Didnt tell 99.9% of her family and then later on had a "wedding" lol Obviously were not very religious people, so was easy to pull off.