Marrying in either US or Canada, but both staying in their respective countries...?

[CanCal2016 21]

Hey all!

Hypothetical question for a friend, so bare with me...

He is Canadian. She is American. They want to marry, but not move yet. She will *eventually* move to Canada.

Are they able to marry in the US, at a courthouse, while he visits on a B2 visa? He has ZERO intention of staying in the US. She would move to Canada at a later date.

Or would it be simpler/ "more" legal to marry in Canada and import her as a foreign spouse? (I'm not sure of the protocol for importing an American spouse into Canada... can someone link me to some information on that?)

Hopefully someone can speak to this situation, I appreciate any and all responses!

[almost_umrican 54]

he can marry her in the US while he is a tourist

[NovaSprings 89]

CanCal, this is exactly what my sister did (although she will eventually be going to live in the US). Just make sure your friend is honest at the border and brings documentation with him. Customs are only interested in ensuring that he will not be staying in the country after the marriage. My sister was up front, told them that she was entering to get married but intended to leave after the honeymoon and apply for a CR1. She had copies of her return ticket, a wedding invitation, a copy of the list of guest attending, copy of the honeymoon reservations, but most importantly copies items that tied her back to Canada, property tax bill, pay stub and utility bills. The CO was good with everything and thanked her for being so prepared and allow her in with a 6 month stamp.

[Ms Hogan 295]

Lots of us married our spouses in the U.S. and then went back home to file. Why does he need a B2 visa?

[almost_umrican 54]

Lots of us married our spouses in the U.S. and then went back home to file. Why does he need a B2 visa?

good question ! . i am sorry for my assumption, may be the husband is not a Canadian citizen.

[CanCal2016 21]

CanCal, this is exactly what my sister did (although she will eventually be going to live in the US). Just make sure your friend is honest at the border and brings documentation with him. Customs are only interested in ensuring that he will not be staying in the country after the marriage. My sister was up front, told them that she was entering to get married but intended to leave after the honeymoon and apply for a CR1. She had copies of her return ticket, a wedding invitation, a copy of the list of guest attending, copy of the honeymoon reservations, but most importantly copies items that tied her back to Canada, property tax bill, pay stub and utility bills. The CO was good with everything and thanked her for being so prepared and allow her in with a 6 month stamp.

This is perfect, thank you for the explanation! I had a feeling this was something he could do, I just had no real information on it as I am solely focused on the K1 process. I'll pass this along to my friend.

Ms Hogan, on 03 Feb 2016 - 8:37 PM, said:

Lots of us married our spouses in the U.S. and then went back home to file. Why does he need a B2 visa?

good question ! . i am sorry for my assumption, may be the husband is not a Canadian citizen.

^^ In response to this, he is a Canadian citizen. He wouldn't be able to enter the US without a B2 visa... it's what the CBP officers (sometimes) stamp your passport with when a Canadian enters the US. Canadians are "automatically" granted that visa status when we enter the US for travel.

[almost_umrican 54]

This is perfect, thank you for the explanation! I had a feeling this was something he could do, I just had no real information on it as I am solely focused on the K1 process. I'll pass this along to my friend.

Ms Hogan, on 03 Feb 2016 - 8:37 PM, said:

good question ! . i am sorry for my assumption, may be the husband is not a Canadian citizen.

^^ In response to this, he is a Canadian citizen. He wouldn't be able to enter the US without a B2 visa... it's what the CBP officers (sometimes) stamp your passport with when a Canadian enters the US. Canadians are "automatically" granted that visa status when we enter the US for travel.

that is correct. thanks for the clarification.

[Ms Hogan 295]

This is perfect, thank you for the explanation! I had a feeling this was something he could do, I just had no real information on it as I am solely focused on the K1 process. I'll pass this along to my friend.

Ms Hogan, on 03 Feb 2016 - 8:37 PM, said:

good question ! . i am sorry for my assumption, may be the husband is not a Canadian citizen.

^^ In response to this, he is a Canadian citizen. He wouldn't be able to enter the US without a B2 visa... it's what the CBP officers (sometimes) stamp your passport with when a Canadian enters the US. Canadians are "automatically" granted that visa status when we enter the US for travel.

I was thinking of a B-1 which is for business. I have never in 25 years of traveling back and forth to the U.S. had a stamp in my passport except when I was working/training so I don't think of it as a B-2.