Cr-1, Married on Visa Waiver, Not Attempting to Adjust Status

[samantha94 0]

Hey there

First, I would like to make two apologies. The first being that I am new to this site and was pretty sure this is the section of forum to inquire about this. Second, my question is going to be similar to many other questions I have seen on here. I don't mean to be repetitive, I just wasn't sure what to make of the information.

I am a U.S. citizen, frontier blood running deep in my viens - more like the decent of 19 century Italian/German immigrants. I have been in a relationship with my fiance for 2 years now, he is a British citizen. It is exactly one week 'til I'll become a Mrs. and have started to become nervous about the process of which I am taking. My partner is entering the U.S. on a visa waiver, and we will be getting married while he is here. When we first started planning things out, it was up in the air if we would make the U.S. or Scotland our home, but now it is heavily leaning towards the U.S. . He will be staying for two weeks before heading back to Scotland. The plan, as it stands, is for us to save up money for upwards of 6 month before be begin our visa process (figure by the time he gets here we will have around a year and a half worth of savings to lean on). My question is, because there is not intent to immigrant on the visa waiver, will we run into problems? I know visa waiver marriage isn't the best route to lead, but since we weren't sure for a while which country to settle in, that it was the best route for us. I just want to be sure I am not doing anything illegal, I really don't want to be fined or jailed just because I want to spend my life with someone.

My second question regards pregnancy and use of Medicaid. Now, I don't have plans to get pregnant anytime soon, but these things can happen and I just want to be prepared. I'm currently covered through my father, however the health insurance will expire the day I get married. I have plans to purchase health insurance, as marriage falls under the exemption for still applying for it. My question is, if in between the time my new health insurance is getting situasted, will the use is Medicaid be docked against me? Or rather, would it be docked against my co sponsor? Again, I don't have plans for pregnancy, and am taking measures against it, I just like to plan things out in all case scenarios.

Thank you so much for your help!

[Not a Tailor 1,370]

I did the same thing. I'm Canadian. I got married in the US and came back to Canada. Admittedly it only took us a little less than two months to get our visa stuff ready (eight weeks to the day) but we did it. I encountered no issues with going to the US. They asked me 'business or pleasure'. 'Where are you staying?' And then they waved me through. No worries at all.

[samantha94 0]

I did the same thing. I'm Canadian. I got married in the US and came back to Canada. Admittedly it only took us a little less than two months to get our visa stuff ready (eight weeks to the day) but we did it. I encountered no issues with going to the US. They asked me 'business or pleasure'. 'Where are you staying?' And then they waved me through. No worries at all.

Congratulations on your marriage! It makes me happy to know that people are finally given the rights they desperately deserve! I hope you continue to love your partner, and he/she return it.

Now, when you visited during the time you got married, were you on the Visa Waiver?

Also, do you tell BC that you are married to a US Citizen every time you come?

Sorry if I am being overly inquisitive.

Edited June 15, 2014 by samantha94

[Not a Tailor 1,370]

Yeah, Canadians don't need a visa to go to the States. I had literally no trouble. I did have proof that I needed to go back to Canada on my person in case I needed it. Thank you for your well-wishes. I can't imagine ever not loving her. I've loved her for years and DOMA falling opened up the possibility of actually being with her. It was a miraculous day and one that gave us options to explore. I'm so glad we did and I'm so glad we've decided for me to move to her (her moving here is not a possibility for a long time due to the nature of her work. We had always hoped that when her current program is over she would be able to get work at a Canadian university--this was our only possibility to be together and we were looking at a timeline of possibly decades).

I haven't gone yet to the US since marrying her. I'm leaving in 12 days for a visit. My plan is 'don't ask, don't tell.' If they ask the purpose of my visit, my answer is 'vacation' which is true. If they ask who with, then I will be honest and say that I am celebrating the fourth of July with my wife and her family. If they ask if I am staying in the US or if I intend to live in the US, my answer is 'not until my visa paperwork comes through, so hopefully sometime early next year.' Always make sure to answer truthfully, but don't give information they don't ask for, is what I've been told. Look them in the eye and speak with confidence.

I'll be carrying the following as evidence of ties to Canada/proof that I am going to immigrate legally when I do:
My copy of NOA1, demonstrating that I am immigrating correctly when I do (if needed to hand over, I will ask them 'why would I jeopardize this? My future is riding on it!')
My sublet agreement from my flatmate.
A rent receipt from my flatmate showing that I have paid July's rent (I am leaving to visit near the end of June).
A petsitting contract demonstrating that I have four animals who are under care and that I must return to.
My return ticket information showing that I am flying back to Canada.
A letter from my employer stating that I am required back to work on whichever day it is that follows my return to Canada (it will be signed and dated with the date I return to work).

With any luck, if I hit a snag, this will be enough evidence that I am returning. Honestly, the border folks at the airport that I use are super duper lax, so I'm pretty sure I won't even need my evidence, but it's important to always take it.

[NikLR 13,227]

I visited my husband 3 times after marriage. Each time stated I was visiting my husband. The KISS rule applies, keep it simple stuipid.. Many visit almost every weekend (Canadians of course.) but most VWP people have no issues, but should bring proof of their ties to their home country and a return ticket.

no using medicaid will not affect your petition in the slightest.