Biggest Mistake of My Life?

[ethomps 16]

Hello there,

First off, I'd like to say hello to the VJ community-- as I'm completely new here. I've read so much on this site about the Visa process over the past few days, I feel like my head is going to explode! Well I guess I better start explaining myself here.

Me and my beautiful U.S lady have been together for the past 2 and a half years. Back in August 2012, I finally popped the question and now we're engaged to be married. Now, as the title states-- we were both very uneducated in how the immigration process worked. My "school of thought" was to take advice from those who'd undergone the process successfully. We got in contact with 3 different couples who now have green cards. And unfortunately for us, they ALL gave us this 1 piece of terrible advice.

"Just get married when you're already over the border. It's faster, you get to be together during the waiting time, and it's one less step where they have a chance to deny you."

...I bet you can see where I'm going with this story.

We weren't told it could be looked upon as immigration fraud. We were told it may be slightly "frowned upon" because you're skipping a step-- and that we might have to provide additional proof to prove of the relationship's legitimacy. Which was the least of our worries, considering we have flight tickets, pictures, passport stamps, and pages and pages of emails telling each other how hott we think each other are.

So with that being said, we never even attempted to hide our "intent to marry". My fiance and I plastered our Facebook wall's with countdowns and gushy text. With the help of Pinterest my fiance planned a full-fledged wedding in only a couple months, and we were ready for the big day in December of 2012. So I purchased my one-way ticket to the U.S-- packed my bags to leave forever, and made my way to the airport to what I thought would be the beginning of a new life.

Boy was I wrong.

I reached the USCBC at my local airport, and told them I was going down for 3 months to visit my girl and her family. They saw that I had previously gone to visit her in May for 3 months as well and were quite suspicious since I only had a one-way ticket. They brought me to the back and started drilling me with questions about where I was going. One officer opened my bag to find a file-holder of all my life's important documents (Record of Employment, T4's, Diploma, etc.), and sitting right at the very front of all these files was the only tangible evidence that I did in fact have a wedding to attend. Me and my groomsmen measurements.

Officer: "What are these?"

Me: "My tuxedo measurements sir."

Officer: "Oh? Whose wedding?"

Me: "Mine sir."

A long 2 hours passed by, followed by tears of reality-- as I tried to plea my case to the officer, and then his supervisor. That was it, I was told that I would never enter again unless I could prove strong ties to Canada. Or, went the route of a K-1 Visa. The hardest thing about it all though, was the phone call I had to make to my sweet American girl-- telling her I wouldn't be able to make it to our own wedding.

So here I am now, a part of the VJ community. Hoping to God that applying for a K-1 visa is still possible, and hoping that the pile of proof we plan to provide with our application will be enough to override the current red flag placed on my head for access to the States.

Does anyone know if my efforts at a K-1 Visa will be completely in vain? Or should we scratch that plan and have her move to Canada instead?

Thanks for reading,

A troubled Canadian

Edited November 29, 2012 by Anonymous23

[Cathi 5,610]

Get married in Canada, have your wife return the the US and file a cr-1 visa while you stay in Canada until the visa is issued.

[ethomps 16]

Get married in Canada, have your wife return the the US and file a cr-1 visa while you stay in Canada until the visa is issued.

Isn't it also illegal for her to come here with intent to marry?

[Cathi 5,610]

Isn't it also illegal for her to come here with intent to marry?

not if she doesn;t stay in Canada to live, no. She will be returning to the US. I married my husband in his country and returned to the US to file everything while he stayed put.

Edited November 29, 2012 by mimolicious

[velrich 50]

In my opinion it is not the 'intent to marry' that caused the problem. The one way ticket and the documents you had said 'intend to marry, stay and adjust status'.

I agree with mimolicious post.

[ethomps 16]

not if she doesn;t stay in Canada to live, no. She will be returning to the US. I married my husband in his country and returned to the US to file everything while he stayed put.

Interesting! I do like the idea of being able to work right away/leave in case of emergencies.

In my opinion it is not the 'intent to marry' that caused the problem. The one way ticket and the documents you had said 'intend to marry, stay and adjust status'.

I agree with mimolicious post.

Hmm, so you don't think my "flag" is as big a deal as I'm making it to be? I'm just scared of getting rejected because of it.

[C-ma'am 684]

The million dollar question is: Has CBP flagged you for misinterpretation? Because you said your were going to VISIT and then "confessed" that you were getting married. If they got you for misinterpretation, there are BIG chances you'll never get either visa; because that charge can carry a lifetime ban.

Did they give you any papers when they turned you around? or Did they just turn you around? Did you sign anything?

**Post moved to General Immigration Related Discussion; as the OP has not yet chosen an immigration path, the question is not about a K1 process or procedure, and needs advice on possible visas.

Edited November 29, 2012 by Celeste & C

[sk8rpatty 17]

Hmm, so you don't think my "flag" is as big a deal as I'm making it to be? I'm just scared of getting rejected because of it.

As others have said, it depends on what they wrote up when they turned you away. My fiance had to sign a "Withdrawal of Application for Admission" when he tried to visit (no intent to get married, just not enough ties to Canada for him) We just got approved for our K-1 Visa on Monday. The incident did come up in the interview but we were told "it's no big deal, happens all the time" and then he told us we were approved. We were so worried it was going to be an issue, but it wasn't.

Hopefully that is all you had and not a "denial for misrepresentation"

Edited November 29, 2012 by sk8rpatty

[ethomps 16]

As bad as this sounds, they gave me a piece of paper when turning me away. But when I went to grab my bags and put my coat on, I think I left it on the chair. I was in such a state of emotional turmoil that I couldn't think straight. Is there a number that I or my fiance can call to find out?

They got a picture of my face and had my fingerprint's done. And I think they had me sign something as well.. I just can't remember clearly. So I feel like it might be a big deal..

Edited November 29, 2012 by Anonymous23

[Asia 2,491]

Hmm, so you don't think my "flag" is as big a deal as I'm making it to be? I'm just scared of getting rejected because of it.

Going to the US to get married on touris visa is not a fraud - As long as you don't want to adjust your status.

You had a one-way ticket (so it seemed to CBP that you didn't intend to get back to your country at all) and you had all the important documets which aren't needed while visiting the US.

[Asia 2,491]

They got a picture of my face and had my fingerprint's done.

They fingerprint and take pictures of everyone who crosses the border via airports.

Edited November 29, 2012 by Asia

[Harpa Timsah 13,258]

Since they told you to get a K-1 visa, and it seems you were honest ("those measurements are for my wedding") then I think it is unlikely that you have any sort of formal ban for misrepresentation.

You were denied entry because you were clearly attempting to immigrate on a non-immigrant visa, which is illegal. You had all of your personal belongings and vital papers and a one-way ticket.

A person can come to the US to marry without a special visa, but you need a special visa if your intention is to to marry and stay.

So, the choices for you now are K-1 visa or marry somewhere and file for a spousal visa. I don't think you need a special visa to marry in Canada if your intention is not to stay, but you should check on that before making plans.

Lately, a part of the spousal petition process has been going really fast, so that might be of interest to you (though no guarantee you would have it as quickly).

It's a shame about the wedding having to be changed; I am sorry you have to deal with that. Best of luck to you.

Edited November 29, 2012 by Harpa Timsah

[Xanax 349]

I don't think you will have a problem with a CR-1 or K-1 visa application due to your denial at the border.

You will have to change your wedding plans which sucks and you probably won't be able to visit the US until your visa is approved but you should be able to be together within a year

[NikLR 13,220]

You have no problem with her visiting Canada to be married btw. My husband did just that. They asked the point of his visit and he said I'm getting married. He did have a return ticket though and could say when he was going back.

You shouldn't have too much trouble either way. Look up the comparison charts and decide which way you want to go. If getting married close to her family is a big deal for her, then the k1 route would probably be a good idea.

Good luck to you both!

[GelendzhikBelle 7]

As bad as this sounds, they gave me a piece of paper when turning me away. But when I went to grab my bags and put my coat on, I think I left it on the chair. I was in such a state of emotional turmoil that I couldn't think straight. Is there a number that I or my fiance can call to find out?

They got a picture of my face and had my fingerprint's done. And I think they had me sign something as well.. I just can't remember clearly. So I feel like it might be a big deal..

If you get married in Canada you will go through the CR-1 process. If you do this I suggest you make sure you BOTH get Marriage Certificates.. one for each of you. You'll need one for any legal/financial transactions needed in Canada and she will also need one when she files the Petition for your immigration. Also..suggest you complete two copies of DS-230 (Part 1 only) and G-325A (for you, she will generate her own G-325A for the package going to Homeland Security, USCIS).

Generate and print them out. BE ACCURATE ON ALL DATA! Double and triple check everything is correct!!! You need to sign and date those after your married and she brings them back to the States with her.

Doing this will save you time and postage later. Sign and date both of each of them in case your Wife has some unforeseen event like a coffee spill or whatever.

I married my Wife in her Country on a Tourist Visa to her Nation, and this is common. The other process (Fiance' Visa) is faster at first but has more steps involved and expense later. Not good or bad, just different. A big plus is that your green card will arrive quickly using the CR-1 process. You will be able to get a job or own a business much sooner in the States using this process. You will have more time apart until you get your Visa. Bummer; but it's part of the deal.

If there were any "flags" because of your ignorance of the process at the Border your Lady will be allowed to file an explanation on your behalf. The fact that you are now aware and willing to follow the process should go a long way to success.

It is important to ask this next question. Is she a Citizen born in the States or a Naturalized Immigrant? If so your ok, if not then your not going to get through this until Naturalization is complete for her. Only US Citizens (Born or Naturalized) are allowed to Sponsor. Very important to know and follow the laws..and much pain has been caused to those unaware as you discovered.

Ask your Lady to join in here at the Forum. There are good people and much assistance for her here. Many years of experienced people who will help you and her every step of the way and that have been through or are currently going through the Visa Journey. Don't worry too much...just do each step as the law says from now on and be patient. The process works if you stay on course. Welcome to Visa Journey. We wish your path is smooth and uneventful from here on.