Confused--US Citizen Marrying Canadian Here in US

[jaycali 415]

To add a little more:

If he entered legally, he can stay in the US if you get married and file the I-130 in conjunction with the I-485. This is called adjustment of status.

Here's the catch:

It is very illegal to enter the US as a tourist with the intention of adjusting status. It's considered immigration fraud.

As a tourist:

Marriage = OK

Marriage + Adjust status without intent at entry = OK.

Marriage + Adjust status with intent at entry = Fraud, not OK.

[Kittipat 0]

From my understanding, no matter what petition you file, they do the same background checks, same police reports, same everything. He is put under the same scrutiny no matter what. I don't believe they overlook somethings just because they are here in the US.

I agree. I guess there's just a sense of security somehow knowing that we're already together. As I mentioned, he's cleared his issues. It's just paranoia for the most part.

[Kittipat 0]

To add a little more:

If he entered legally, he can stay in the US if you get married and file the I-130 in conjunction with the I-485. This is called adjustment of status.

Here's the catch:

It is very illegal to enter the US as a tourist with the intention of adjusting status. It's considered immigration fraud.

As a tourist:

Marriage = OK

Marriage + Adjust status without intent at entry = OK.

Marriage + Adjust status with intent at entry = Fraud, not OK.

Right. But that may just be a secret between us... right?

[CarolAnn&Eddy 12]

To add a little more:

If he entered legally, he can stay in the US if you get married and file the I-130 in conjunction with the I-485. This is called adjustment of status.

Here's the catch:

It is very illegal to enter the US as a tourist with the intention of adjusting status. It's considered immigration fraud.

As a tourist:

Marriage = OK

Marriage + Adjust status without intent at entry = OK.

Marriage + Adjust status with intent at entry = Fraud, not OK.

I agree with you and that would be my concern and it sounds to me like your #3 is fitting this situation. There is definitely intent to marry when entering because it has been stated by the OP.

However, I do understand not wanting to be apart from the one you love, but with the processes we all have to go through, it is almost impossible to not have time where they have to be in their home country and us, petitioners in ours. That is just the way it is.

[CarolAnn&Eddy 12]

Right. But that may just be a secret between us... right?

Sorry but when dealing with USCIS there are no secrets! Remember, he can't lie to a CBP officer... they seem to know everything and it will just make things worse for the both of you.

Besides, people doing what you are talking about is what makes it hard for the rest of us that are waiting, going through appropriate channels, spending a lot of money on 2-3 different process, and spending time apart so that we are are doing everything legally.

[bigdog 376]

A background check will shake any issues present, then pick the option best for you.

[SapphireDreams 71]

You can adjust status, but keep in mind the DUIs may not likely ust magically not make a difference because you are skipping the K1 process. I think that he will still be required to show court records, he also might need to submit a full fingerprinted police check. I would read up on the AOS process and what is required.

You'll also need to prove that he had no intent to marry when he crossed the border. How was/is he able to visit the US and not have any responsibility to go back to? Those are the questions that you may encounter when being interviewed. If he had a job, life and quit it and just picked up and left, that may be a bit of a red flag. If he was on leave of absence from a job expecting him back or has a job that is waiting for him etc. then that is easier to show that you had no intent. If it really was on a whim, be prepared to back it up.

I'd probably do more research into how the DUIs and issue with his mother is going to impact the AOS. I don't think you have a a straight forward case based on that past history.... but I'm not a lawyer or an expert so you should do your own research and maybe contact a couple of lawyers for a consultation just to be safe.

[l.iber.tatis 7]

It's possible the past issues will come up no matter which one you file for, as the US does background checks while processing the petition. You would need to file CR-1 if you intend to stay in the US while filing. However, this visa is for those getting married on a whim, as the usual route is to wait for the paperwork to process while both people are in their home countries. That would be an I-130.

wow!!! so when me and my husband decidet to get married and firl for CR-1 then it was on a whim!? not because if you enter the US on a CR-1/ IR-1 visa you get a greencard right away, you are allowed to work right away, it´s cheaper and just ~2 months longer!?

btw, if you make CR-1/IR-1 you have to wait in your homecountry too for the interview. yes, you can go visit your partner in the us, but the interview is in the homecountry of the beneficiary. what you are talking about is a "spontaneous" wedding and then adjustment of status which can be a grey zone. because it´s just legal if the non usc did not enter the USA with the intend to get married and stay! so, OP cannot get married to her boyfriend and then adjust status. they already plan that which makes is illegal...

OP, either do the K-1 (fiance) or CR-1 (spouse/ immediate relative with conditions) and have your fiance/husband stay in the us with you for as long as he is allowed with/without his visa (i don´t kknow how long canadians are allowed to stay) and then have him go back to canada for his interview. that would be the correct and 100% leegal way!

the K-3 is for spouses, but it´s a non immigrant visa and you´d have to AOS in the US which makes it expensive. also it´s normally closed at the NVC and they proceed with the CR-1.

[Rob & Monika 87]

I think it just comes down to whether you want to be married and apart, or engaged and apart. I had a friend that married a Canadian in 2000 (I went to him before finding this site), and his main regret was getting married, then having to be separated after marriage. In hindsight, he thought they should have done the fiance visa. But on the other hand, if you go the Fiance Visa route, your honeymoon either has to be in the US or will have to be delayed. I think there is a bit more burden of proof if you get married and don't actually live together, but I think others can testify on that topic.

[l.iber.tatis 7]

I think it just comes down to whether you want to be married and apart, or engaged and apart. I had a friend that married a Canadian in 2000 (I went to him before finding this site), and his main regret was getting married, then having to be separated after marriage. In hindsight, he thought they should have done the fiance visa. But on the other hand, if you go the Fiance Visa route, your honeymoon either has to be in the US or will have to be delayed. I think there is a bit more burden of proof if you get married and don't actually live together, but I think others can testify on that topic.

Ii think how much/ what proof you have doesn´t depend wheter you are married or not, but on the couple itself. for example we had: health insurance, life insurance, car insurance, lease, boarding passes, pics, bank accounts, affidavits, passport stamps,... and we´ve been married. when we got married i lived in austria and i still live here, but i´m gonna move soon...

either way they´ll be apart and it´s basically the only decision they have to make "be apart before the marriage or be apart after the marriage" and maybe the financial one since CR-1 is cheaper and the immigrant has a greencard right away.

[Kittipat 0]

Thanks so much for the responses, everyone. I do understand the implications and are very welcoming to your suggestions on how to handle it. Nothing's set in stone just yet, so we're just considering what options we have. Oh, the joys and hardships of being in a long-distance relationship! One of the good things I see about this is that the relationship is tested by distance, and the communication between partners are being mastered in the process. Glad to have this community helping out and chipping in. MUCH APPRECIATED!

[babygirl1 0]

Hello everyone! Grateful for your time and attention to my situation below. I've scoured the internet forums but ended up more confused. I'll try and put it in outline form for easy reading:

1. I'm US Citizen, my boyfriend is Canadian. Been together for about a 1.5 years and we have decided to get married and stay in US. He has Canadian passport and just last week was with me here in US for vacation.

2. We "THINK" it's best to get married here and file I-130F and the rest of the needed documents, instead of applying for a K-1 visa, so that we can be together already while his papers are being processed.

3. We're opting to not do the K-1 visa process because of MY fear of his past issues. He's had 3 DUIs within the past 8 years. Also, he had a little verbal argument with his mother (while he was drunk) that made his mother put a somewhat "no contact" restriction between him and her. It's not a full-blown restraining order. However, since both of them were living together, he had no choice but to come back home and therefore was in violation of this no-contact restriction. He has cleared this violation in court and has court papers to prove it. The main issue, as I see it, is that the US might see this as a problem tied with alcohol/drinking, and that he might pose as a hazard to the US, and they might not grant him the K-1 visa (We all make stupid mistakes when we were younger, right? Not that it's an excuse. But he is sober now, thank God). My beau's reasoning is that it's not like he killed anybody or did drugs, so he thinks it should be fine. My issue is the number of times the DUI happened, plus

4. Reading more into the forums, I confused myself a lot more knowing that there's an IR-1/CR-1 and a K-3 visa. Does he need to apply for any of this if he already will be in the US and we get married? Or does it mean that we can get married here, then he has to go back? I have a friend who was here on tourist visa and she met someone (a US Citizen), they got married, filed their forms, and she didn't have to go back to her country while it was happening.

If I posted this on the wrong topic, please feel free to move it. Again, I appreciate anyone's inputs on this matter.

Best of luck with whatever decision you make!

Edited May 23, 2012 by babygirl1

[Ryan H 3,790]

Moved from K3 Process & Procedures to General Immigration-Related Discussion, OP has stated the path they will take is not yet determined.

[sulhaq 59]

Right. But that may just be a secret between us... right?

After having 3 prior DUIs and a no-contact violation against him, do you really think it's a good idea to lie to US immigration? Honestly?

And no, it's not that simple. Your husband will be asked very serious questions about his immigrant intent at his AOS interview if he enters as a tourist and attempts to adjust status. Especially in this case, with his multiple DUIs and what not the questioning will be that much more serious. It is a very real and probable possibility that US immigration will discover his immigrant intent which will qualify as material misrepresentation and is a VERY serious matter.

Edited May 23, 2012 by sulhaq

[CarolAnn&Eddy 12]

After having 3 prior DUIs and a no-contact violation against him, do you really think it's a good idea to lie to US immigration? Honestly?

And no, it's not that simple. Your husband will be asked very serious questions about his immigrant intent at his AOS interview if he enters as a tourist and attempts to adjust status. Especially in this case, with his multiple DUIs and what not the questioning will be that much more serious. It is a very real and probable possibility that US immigration will discover his immigrant intent which will qualify as material misrepresentation and is a VERY serious matter.

:thumbs: