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teenie57

Getting Started: Is it legal to marry in the US before applying?

By teenie57 in General Immigration-Related Discussion

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teenie57 Newbie

teenie57   0

Posted
Filed: Country: Canada
 Timeline
Posted

Hi everyone:)

I have read a lot of things on the net about marriage to a US citizen that has confused us a great deal. The worst of these was that, if we were to marry in the US, that I could face deportation back to Canada and never be allowed back in the US.

From what I can see on this site, this doesn't seem to be the case at all. Could this possibly be true? I am a grandmother, and don't want to be restricted from visiting my family in Canada. I noted that some sites say I would not be able to leave the US for 1-2 years if I did manage to get married.

Also, I've heard horror stories of women with Fiancee Visas going through nightmares of interrogation at the border, whenever they try to enter the US for a visit. They say that it is worse than when they had no Visa at all.

We have been seeing each other for 4 years and this all has us so confused. We just want to be together, and neither of us is getting any younger. Please help someone?

Much appreciated!

Penguin_ie Grand Master

Penguin_ie   5,994

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

First of all, forget the K3, it is an obsolete visa. If you marry and get a spousal visa, it will be the CR-1.

You cna marry in the USA, nothing wrong with that. Where immigration fraud comes in is if you use your priviledge as a Canadian to come to the USA, get married AND STAY. If you plan to do that, you need a K1 fiance visa. Otherwise, just get married in the USA when you want, then have your US citizen new husband petition you for a CR-1 spousal visa. You can visit during the process- most Canadians have no problems at all- and then move when the visa is aproved. You can travel bck to Canada immediately with a CR-1, and also work imediately. If you go for the K1 fiance visa, you msut get married in the USA and then apply for Adjustment of Status, and cannot travel for a few months during that process, so the CR- seems better in your case due to the grandmother.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

TBoneTX Grand Master

TBoneTX   45,469

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Thread moved K-3 Process forum to General Immigration Discussion forum -- OP is contemplating a visa path. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Hi everyone:)

I have read a lot of things on the net about marriage to a US citizen that has confused us a great deal. The worst of these was that, if we were to marry in the US, that I could face deportation back to Canada and never be allowed back in the US.

From what I can see on this site, this doesn't seem to be the case at all. Could this possibly be true? I am a grandmother, and don't want to be restricted from visiting my family in Canada. I noted that some sites say I would not be able to leave the US for 1-2 years if I did manage to get married.

Also, I've heard horror stories of women with Fiancee Visas going through nightmares of interrogation at the border, whenever they try to enter the US for a visit. They say that it is worse than when they had no Visa at all.

We have been seeing each other for 4 years and this all has us so confused. We just want to be together, and neither of us is getting any younger. Please help someone?

Much appreciated!

You'll always hear horror stories. I did and it scared me but I visited my husband 3 times after marriage and never had a problem. There are many many Canadians on the board who visit and don't have a problem. Some people do get denied or taken into secondary though so it does happen. I've always stated, I'm visiting my husband. I have a return ticket and carry proof of my ties to Canada but have never been asked to show them.

You can always get married in the USA (hello, Las Vegas baby!! LOL!!!) but it's intending to go down, get married and stay that is the fraudulent part.

After obtaining a green card you can travel in and out of the USA all you would like as long as you spend more time IN the USA than OUT of it. There are certain times where it is harder to travel. If you decide on a K1 visa (fiancee visa) it is one time use. You get married within 90 days and adjust your status to a permanent resident. During that AOS period, you can apply for advance parole and work authorization so that you can work and travel. After the AOS is approved you have to wait for your green card to travel again.

There is also the removal of conditions. Anyone married under 2 years when they first move to the USA receives a conditional 2 year green card. 90 days before the 2 years are up you can remove the conditions for a 10 year green card. During that time you may not be allowed to travel. I'm unsure if you can apply for advance parole during that time but ROC normally takes only a few months.

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

 

 
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