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Filed: Timeline
Posted

Hello everyone....I am in need of some advice with my present situation....Thanking you in advance for any suggestions or advice you may have to offer......I live in Montreal.. I have been visiting Maine, Old Orchard Beach almost every year now since I was in diapers..Without issues......Well I am now 46 years of age and just last June 2012.....I met the woman off my dreams ....went back to Montreal ..returned again in September and from that day forward we have been together.....Since September I have crossed the border 5 or six times ,.....my last trip only being a week ago.....Visiting for four or five days at a time....At first we began thinking of the K1 visa but was quickly discouraged at the lenght of time it would take for me to enter .....and then not even be married yet.....Then we decided that maybe I could cross the border like i have been .....saying what I always say..."Going to Old Orchard Beach to visit friends..".....Once I am there we could be married..(interested in a courthouse wedding at first)....Then I could shoot back to montreal and have my bride file the paperwork...K3...I-130 ..I-485......But then it accured to us that we would have a hard time proving that this marriage was not pre meditated......I then was wondering if I crossed like normal for a two week visit....at the end of the two weeks I happened to get married .....files for AOS and stay in the states as I am allowed to be there legally for six months........what we are trying to do is be together ASAP...I realize maybe that's not always best and look to you for guidance......Thank you ......

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

It doesn't matter if your marriage was pre-meditated if you leave.

You're allowed to come and get married and leave.

It's the marrying and STAYING part that isn't allowed.

Your idea of coming and filing AoS is illegal so just erase that from your head.

And there's really no point in filing K3, they don't get approved any more.

oldlady.gif

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Sounds like you want us to tell you it is OK to enter as a tourist with intentions of immigrating. NO one here will tell you that is A) fair or B) legal.

An immigrant visa takes time, sounds like you wish to line jump.

good luck

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Filed: Timeline
Posted

Sounds like you want us to tell you it is OK to enter as a tourist with intentions of immigrating. NO one here will tell you that is A) fair or B) legal.

An immigrant visa takes time, sounds like you wish to line jump.

good luck

What would be my best bet .....Cross the border and marry her one week-end.....come back across and declare my change of status......and wait for the I-130 approval? ....The last thing i want to do is anything that would jeopardize my privilage of entering the US....we really just miss each other alot.....want to be together but don't know the best route in our situation....

Posted (edited)

Here is the guide for filing for a spouse: http://www.visajourney.com/content/i130guide1

Canadians normally have no issues visiting during the process. You just have to bring proof of ties to Canada like a lease agreement, pay stubs showing you are working, anything really that would show you are only intending to visit.

Also, if you are crossing a lot have you looked into a NEXUS card? They’re only $50 to apply for and it is a whole lot speedier crossing - especially if you are flying somewhere.

*Also, bring proof of ties when you are crossing down to get married - if they perchance search your vehicle, you don’t want them to find a suit or whatever and not be able to show them you aren’t going home.

Edited by hikergirl
Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

What would be my best bet .....Cross the border and marry her one week-end.....come back across and declare my change of status......and wait for the I-130 approval? ....The last thing i want to do is anything that would jeopardize my privilage of entering the US....we really just miss each other alot.....want to be together but don't know the best route in our situation....

There is no "declaring of status"

You go back home and wait just like everyone else.

It will be the same process everyone goes through.

K1 and CR1 will get you here in roughly the same amount of time.

oldlady.gif

Filed: Timeline
Posted

There is no "declaring of status"

You go back home and wait just like everyone else.

It will be the same process everyone goes through.

K1 and CR1 will get you here in roughly the same amount of time.

Thank you for your responses.....very helpful.....I cross the land border with my Drivers L plus card.....So I should say nothing on the way back to Canada?.....I'm sorry I though I had to declare the fact that I married an american girl.......So say nothing on the way in .....and say nothing on the way back.......Roughly how long is the wait we face before we can be together?.....Thank you very much for your time

Posted

If they ask the purpose of your visit you should say what that purpose is. Do not lie. But no, you do not need to tell them on the way back to Canada that you are married.

You can still visit while the process is going through. You should bring proof that you have to return back to Canada though, if they ask. That includes a lease on apartment, bills, a return ticket, and a letter from your employer saying when you are due back at work. You may not be asked to provide evidence but should be prepared to do so

It's approx 10-12 months from start to when you can move down. It could be shorter or longer.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted

Oh I should add that you do have to tell revenue Canada that you are married (send a photocopy of the marriage certificate) within 30 days of marriage.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: K-1 Visa Country: Canada
Timeline
Posted

Hi,

I'm sort of in the same boat as you, a canadian citizen currently living in Montreal and my fiance is USC in Nashville and we applied for a K1 spousal visa. No matter which route you two choose to take the process is slow, however if you apply for the K1 visa you two can still visit each other without any type of restriction just make sure you can show strong ties back to Canada and make sure you carry these with you when crossing into the US incase you have to go for additional screening (copy of lease or mortgage, copies of utility bills with your home address, paystubs, etc).

Good luck.

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted (edited)

I'm sure they figured it out from his taxes LOL

No i doubt it.

I can't understand canadian taxes for the life of me.

Neither can my husband.

I think they might say single.

Even though I, his wife, was sitting right in front of the lady doing them.

And paying for them to be done.

Hi,

I'm sort of in the same boat as you, a canadian citizen currently living in Montreal and my fiance is USC in Nashville and we applied for a K1 spousal visa. No matter which route you two choose to take the process is slow, however if you apply for the K1 visa you two can still visit each other without any type of restriction just make sure you can show strong ties back to Canada and make sure you carry these with you when crossing into the US incase you have to go for additional screening (copy of lease or mortgage, copies of utility bills with your home address, paystubs, etc).

Good luck.

You can visit while waiting for a CR1/IR1 visa as well.

That is not a K1 privilege.

Oh, and there's still a restriction on K1 visits.

You still need to show proof of ties if asked and you can't stay longer than 6mos.

Edited by KDH

oldlady.gif

Filed: K-1 Visa Country: Wales
Timeline
Posted

Try not

Do or not do.

There is no try.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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