Jump to content
xrockadio

Marriage to a Canadian Here on a B-1/B-2 Visa

6 posts in this topic

Recommended Posts

I am a U.S. citizen. My fiancée is a Canadian citizen who is here in the States as an intern at our church. We met in late August of last year through mutual friends (who just recently got married themselves - although they had it a lot easier since they're both U.S. citizens) and fell head over heels in love immediately. I just recently decided to ask her to marry me, although some people might say it's too soon, but when you know you've found the one - you just know.

At the time that I met her, she wasn't here on a visa - she was just here for 6 months. She had to go home in December as her stay was coming to an end and she was applying for a B-1/B-2 visa in order to stay for longer as her internship doesn't end until this upcoming July. We wanted to spend Christmas together so I booked a flight to fly in to Canada on Christmas Eve. We couldn't stand being apart even just for a few weeks, so I opted to buy another $200 plane ticket to fly in three days after she got there. I ended up meeting her entire immediate and extended family.

She received her B-1/B-2 visa and discovered that it's valid for 10 years. We flew back together just before New Year's and after spending all that time with her and her family, I had confirmed that I want to spend the rest of my life with her. We were thinking about having two separate ceremonies - a private and public one. We would have the private (civil) ceremony sometime in February in order to get our marriage license and start the process of submitting any applications that are needed. The public (religious) ceremony would be preferably in July so our families could be there for it.

We're just having a struggle now. Marriage wasn't her intention for coming back in to the country, however, I'm sure it would look like that to immigration. I am unfortunately still living with my parents at the moment. The reason why we're trying to get legally married so soon is due to the processing times for the paperwork and so she can start working as soon as possible and we can move out and get a place of our own.

Does anyone have any advice as to what we should do? Or can anyone assist with a guide on the paperwork that we'll need to submit? Don't we need to submit both an I-130 and I-485 form along with another for a work permit?

Share this post


Link to post
Share on other sites

Welcome to the forum.

It doesn't sound like you have yet married, yet it does sound like you are contemplating using a visitor visa for your fiancee to come to the US and then get married, that could cause you serious immigration problems as that is could be construed as immigration fraud by the immigration officials. I would advise you to avoid that course of action.

You have a couple of choices, the K1 fiancee visa or the CR1 Spouse visa. Keep in mind that if you use the K1 visa you have to get married in the US. There are other nuances that you can read about here: http://www.visajourney.com/content/compare . In the Guides section, easily accessible at the top of the forum page, you can review each of visa processes.

Good luck on your immigration journey.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites

Welcome to the forum.

It doesn't sound like you have yet married, yet it does sound like you are contemplating using a visitor visa for your fiancee to come to the US and then get married, that could cause you serious immigration problems as that is could be construed as immigration fraud by the immigration officials. I would advise you to avoid that course of action.

You have a couple of choices, the K1 fiancee visa or the CR1 Spouse visa. Keep in mind that if you use the K1 visa you have to get married in the US. There are other nuances that you can read about here: http://www.visajourney.com/content/compare . In the Guides section, easily accessible at the top of the forum page, you can review each of visa processes.

Good luck on your immigration journey.

The only thing is that we just got engaged. It wasn't like we got engaged, then she left to go back to Canada and went to her visa interview, and then lied about her intentions were about coming back to the country. Marriage wasn't even a discussion until we came home from visiting her family for Christmas and I decided to ask her to marry me. Her main focus is her internship at our church and that was her reason for coming back to the country.

Edited by xrockadio

Share this post


Link to post
Share on other sites

which church is this, handling the unpaid internship ?


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

Share this post


Link to post
Share on other sites

It doesn't matter if you just got engaged. If she told the CBP that she was going to the USA to marry and live with her spouse they'd ask to see her visa. She doesn't have a visa that supports that and they will deny her entry. To lie to them is illegal. So that gives you the K1 path, where you marry in the USA after the visa is granted and takes 6-10 months. Or the CR1 path which allows you to marry whenever you want and then go the spousal visa route which takes about a year.

She can still visit, but she cannot just go live in the USA without a proper visa.

Yeah it sucks. I spent my 1st anniversary alone. But it is what it is.


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

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×