After marrying a US Citizen, can I stay in the US to live with him

[canuck2468 0]

I'm from Canada and want to marry my US citizen boyfriend. Once we are married, can I stay with him in the US or do I have to return to Canada while our documents are processed?

Thanks,

Canuck marrying a US Citizen

[NikLR 13,220]

Marrying and staying in the USA with the intent to do so is fraud. The correct way would be to process the paperwork while you remain living in Canada. That doesn't mean you can't visit!

[canuck2468 0]

Thanks for your info.

[I AM NOT THAT GUY 5,715]

I'm from Canada and want to marry my US citizen boyfriend. Once we are married, can I stay with him in the US or do I have to return to Canada while our documents are processed?

Thanks,

Canuck marrying a US Citizen

Yes. Not a problem.

Yes. Not a problem.

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

[I AM NOT THAT GUY 5,715]

Marrying and staying in the USA with the intent to do so is fraud. The correct way would be to process the paperwork while you remain living in Canada. That doesn't mean you can't visit!

Yes and no. Marriage forgives a lot of sins. It is done successfully all the time. The important thing to show is that there is a bona fide relationship, and the immigrant will not be a burden on the US taxpayer.

If your husband or wife, unmarried child under 21 years, or parent

is already in the United States after having entered legally, they can

apply to adjust their status to permanent resident at the same time

you file their I-130 petition.

http://www.uscis.gov/USCIS/Resources/A1en.pdf

Edited September 16, 2013 by The Patriot

[Angela256z 30]

My understanding is you have to go home. You can stay the allotted time you are allowed in the country, but you have to return home. You can file as a fiance if you are not married or you can file as a spouse if you get married. You can visit back and forth during the process, but only as you normally would. You don't want to overstay or you may have to submit a waiver which will delay you visa even more.

[Canerican 242]

Marrying and staying in the USA with the intent to do so is fraud. The correct way would be to process the paperwork while you remain living in Canada. That doesn't mean you can't visit!

I agree with NLR.

[I AM NOT THAT GUY 5,715]

Thread should be moved to the correct forum so that the OP can get accurate answers.

[Ban Hammer 12,863]

moved to general immigration as op does not yet have a specific visa in mind.
to answer op's question - intent can be a problem later on down the line. safest bet is to marry and return home and do the visa paperwork rather than risk a denial later on.

[britishdakota 18]

Marrying and staying in the USA with the intent to do so is fraud. The correct way would be to process the paperwork while you remain living in Canada. That doesn't mean you can't visit!

How can you marry and stay in the USA without the intent to do so? Intent only matters at the time of entry into the USA, given what OP is saying it sounds like they have done no research into this which would suggest they had no intent at the time.

[snowflakepr 16]

I am a Canadian and married my husband in the U.S. We met when we were children in elementary school so have known each other a very long time.

Being in the immigration process currently I can tell you from much research this:

1. You cannot marry a US citizen in the US on a tourist Visa with the intent on staying in the US after marriage and adjusting your status while in the US. The is Visa fraud. We were married in April and did not plan the marriage in advance. We went to the courthouse one morning and bought our marriage license and got married an hour later.

2. When i went to visit my husband in the summer for a 6 week stay, I the officer questioned me about my marriage and did not believe that it was a non planned event. Although I on the date that I originally planned after we were married the officer checked with his supervisor to see if I was permitted to cross or if I was in violation of my visa. I knew that marrying in the US was not Visa fraud if it was not planned and I returned back to Canada.

3. I am required by US border services to have 6 mths worth of bank statements, pay stubs, a letter from my employer, proof of residency, either a letter from my landlord, a lease agreement and/or mortgage papers and bank statement showing payments, a return plane ticket and any other proof to show my continued ties to Canada.

4. I was banned from crossing the border last summer when I attempted to cross the border in my car full of personal household items. My son was going to school in US, master's program and my mother and father (US citizen) live in US. I was driving to see my husband, then boyfriend, then drive to give my son stuff for school and then see my parents. The officer felt i was leaving Canada and denied me entry because of my load. I returned home and dropped all the stuff in my house and returned to the border. I was again denied because i did not bring any proof of my ties to Canada. I was told that if I ever attempt to cross the border again without having all the aforementioned documents in hand that I would be banned for a minimum of 5 yrs.

I was a green card holder as a child, my father and grandfather were/are US citizens, my distant relative signed the declaration of independence. Travelling to the US and immigrating is a privilege and the laws of the land should be well researched and abide to.

I would suggest that you apply for a K1 visa, I-129F. This will take the same or less time then a CR-1 or K3 visa and will allow you to marry and then adjust your status in US. You will be required to travel to Montreal for your interview no matter where you live in Canada. It is a long and frustrating process but there are no short cuts.

Good luck and hope this has helped

[NikLR 13,220]

How can you marry and stay in the USA without the intent to do so? Intent only matters at the time of entry into the USA, given what OP is saying it sounds like they have done no research into this which would suggest they had no intent at the time.

If she says, hey lets go down to the USA and get married and stay there.

So they travel from Canada to the USA. They stop at customs who asks, hey why are you coming to the USA. She says my boyfriend is an American and we're gonna get married and live in the USA. The POE officer most likely would say "Uh, not likely, go back home." So without research, that's what happens. Just because you're ignorant of a law, doesn't mean the law doesn't exist.

Or they can lie and say "hey we're just going to visit." But really they're not. Should that misrepresentation actually make it through, while granted it doesn't majority of the time, they may either get denied and told to do the CR1 route, or they'll be banned, for a lifetime. Burden of proof of course is on the CO but IMHO, why are you taking the chance?

[britishdakota 18]

If she says, hey lets go down to the USA and get married and stay there.

So they travel from Canada to the USA. They stop at customs who asks, hey why are you coming to the USA. She says my boyfriend is an American and we're gonna get married and live in the USA. The POE officer most likely would say "Uh, not likely, go back home." So without research, that's what happens. Just because you're ignorant of a law, doesn't mean the law doesn't exist.

Or they can lie and say "hey we're just going to visit." But really they're not. Should that misrepresentation actually make it through, while granted it doesn't majority of the time, they may either get denied and told to do the CR1 route, or they'll be banned, for a lifetime. Burden of proof of course is on the CO but IMHO, why are you taking the chance?

You make a valid point, but in your post you left out the part where intent at the time of entry matters.

These are only things OP can clarify.

[David & Diana R 1,005]

I'm from Canada and want to marry my US citizen boyfriend. Once we are married, can I stay with him in the US or do I have to return to Canada while our documents are processed?

Thanks,

Canuck marrying a US Citizen

No

My understanding is you have to go home. You can stay the allotted time you are allowed in the country, but you have to return home. You can file as a fiance if you are not married or you can file as a spouse if you get married. You can visit back and forth during the process, but only as you normally would. You don't want to overstay or you may have to submit a waiver which will delay you visa even more.

Great advice

Aloha Ke Akua

[ValerieA 350]

SO much misinformation in this thread. OP - are you in the US right now? If you are, you should be fine to AOS. It is not illegal, and many of us have done it.