Canadian Changes status in US- Fraud?

[Nick1027 3]

Hello everybody,

 

Would be great if someone could share their experience if they went through this. I am marrying a canadian in October. After our honeymoon, she was going to go back to canada and file for the CR1 visa in canada which she would be able to cross the border and visit during this process. I have learned that this takes about a year to go through which i am okay with.

 

I heard that there is an alternative route to this and this is my question. If we wait until January (3 months after the wedding), can she come to the US and file the CR1 visa-change of status? Would we run into visa fraud at that point as its a few months after the wedding? i know at that point she will not be able to cross back into canada for the full time of the paperwork as she would have to live off of me. just trying to see if that is an option. any help/knowledge on this is appreciated, thank you!

[Georgia16 2,858]

Yes she can't enter with the intention to adjust status that is fraud.

 

You could get a quick wedding now file the papers and have you big wedding in October like you want too.

 

If you file now it take about a year to get the visa and you will be over half way by the time of your big wedding.

[Nick1027 3]

1 minute ago, Georgia16 said:

Yes she can't enter with the intention to adjust status that is fraud.

 

You could get a quick wedding now file the papers and have you big wedding in October like you want too.

 

If you file now it take about a year to get the visa and you will be over half way by the time of your big wedding.

i thought that might be the case.. I live in Buffalo, and she is Niagara Falls so we both cross frequently. I guess im just scared of her being denied while trying to come here after we file the paperwork. Don't need her missing the wedding because the border agents will not let her in

[Cyberfx1024 7,980]

7 minutes ago, Nick1027 said:

Hello everybody,

 

Would be great if someone could share their experience if they went through this. I am marrying a canadian in October. After our honeymoon, she was going to go back to canada and file for the CR1 visa in canada which she would be able to cross the border and visit during this process. I have learned that this takes about a year to go through which i am okay with.

 

I heard that there is an alternative route to this and this is my question. If we wait until January (3 months after the wedding), can she come to the US and file the CR1 visa-change of status? Would we run into visa fraud at that point as its a few months after the wedding? i know at that point she will not be able to cross back into canada for the full time of the paperwork as she would have to live off of me. just trying to see if that is an option. any help/knowledge on this is appreciated, thank you!

No, what you are talking about is not an option at all and actually is considered fraud. So I would not suggest that route at all, just do the normal route and be glad that she and you can cross over to see each other. 

[Georgia16 2,858]

1 minute ago, Nick1027 said:

i thought that might be the case.. I live in Buffalo, and she is Niagara Falls so we both cross frequently. I guess im just scared of her being denied while trying to come here after we file the paperwork. Don't need her missing the wedding because the border agents will not let her in

She just needs proof of her life in Canada. Many people do this all the time so just have your duck in a row and she'll be fine.

[Nick1027 3]

3 minutes ago, Georgia16 said:

She just needs proof of her life in Canada. Many people do this all the time so just have your duck in a row and she'll be fine.

okay thanks for the info! so best case would be to get married on paper, she will file paperwork in canada and she can keep crossing as long as she shows her ties 

[Georgia16 2,858]

1 minute ago, Nick1027 said:

okay thanks for the info! so best case would be to get married on paper, she will file paperwork in canada and she can keep crossing as long as she shows her ties 

Yes thats the best route from what you wish.

 

But you as a usc file the papers and not to Canada.

 

Look at the top tap called guide and you will see all the instructions for the CR-1 visa

[Nick1027 3]

4 minutes ago, Georgia16 said:

Yes thats the best route from what you wish.

 

But you as a usc file the papers and not to Canada.

 

Look at the top tap called guide and you will see all the instructions for the CR-1 visa

thank you! so i am the one who actually files the paperwork, not her

[Georgia16 2,858]

1 minute ago, Nick1027 said:

thank you! so i am the one who actually files the paperwork, not her

Yes that is correct.

 

https://www.uscis.gov/i-130

 

http://www.visajourney.com/content/i130guide1

[Nick1027 3]

1 minute ago, Georgia16 said:

Yes that is correct.

 

https://www.uscis.gov/i-130

 

http://www.visajourney.com/content/i130guide1

okay great. sorry to keep asking questions here, just trying to get as much info as i can! we plan on going on our honeymoon after the wedding but will be flying out of toronto. Do you think we will have any problems traveling out of the country? or just bring all documentation just incase...

[Georgia16 2,858]

Just now, Nick1027 said:

okay great. sorry to keep asking questions here, just trying to get as much info as i can! we plan on going on our honeymoon after the wedding but will be flying out of toronto. Do you think we will have any problems traveling out of the country? or just bring all documentation just incase...

She can't adjust from the US so it will be no issue at all. 

[Leafsfan 54]

4 hours ago, Nick1027 said:

okay great. sorry to keep asking questions here, just trying to get as much info as i can! we plan on going on our honeymoon after the wedding but will be flying out of toronto. Do you think we will have any problems traveling out of the country? or just bring all documentation just incase...

I came to the USA to visit my wife lots of times while we waited for the CR1 application to process, both by flight (out of YYC), and land crossing in Montana. I always came with things to prove I was not yet ready to leave my life in Canada (copy of filing receipt, work ID, recent pay stubs, recent utility bills, mortgage statement [or lease agreement], phone bill, etc). It was never asked for but was told by a CBP officer when I was still considering proposing that it's good to have.

 

Please don't try to change status from a B2 tourist visa, that is immigration fraud.

 

The whole process for us from file to approval was 6 months, 4-6 weeks of this was delays caused by an incompetent immigration attorney. She will have to travel to Montreal for her eventual interview, it's the only place in the country they do them. If you have any other questions or want guidance feel free to message me.

[Thesmiths2016 117]

As others have said, if you have her go in on a visitor visa and do a change of status applying for her greencard while she's there, it is fraud.  If you're caught you risk her never being able to immigrate, and it has happened to people that way.  
The change of status is for people who are there for example on a working visa sponsored through their work, and happen to fall in love and get married... or a full time student living there who the sam thing happens to...  those sort of situations.

[Nick1027 3]

4 hours ago, Thesmiths2016 said:

As others have said, if you have her go in on a visitor visa and do a change of status applying for her greencard while she's there, it is fraud.  If you're caught you risk her never being able to immigrate, and it has happened to people that way.  
The change of status is for people who are there for example on a working visa sponsored through their work, and happen to fall in love and get married... or a full time student living there who the sam thing happens to...  those sort of situations.

thank you for the input. canadians do not need a visa to enter the US but there is a limit of how many days they can be here. best way im seeing is to file when she is back in canada

[Nick1027 3]

18 hours ago, Leafsfan said:

I came to the USA to visit my wife lots of times while we waited for the CR1 application to process, both by flight (out of YYC), and land crossing in Montana. I always came with things to prove I was not yet ready to leave my life in Canada (copy of filing receipt, work ID, recent pay stubs, recent utility bills, mortgage statement [or lease agreement], phone bill, etc). It was never asked for but was told by a CBP officer when I was still considering proposing that it's good to have.

 

Please don't try to change status from a B2 tourist visa, that is immigration fraud.

 

The whole process for us from file to approval was 6 months, 4-6 weeks of this was delays caused by an incompetent immigration attorney. She will have to travel to Montreal for her eventual interview, it's the only place in the country they do them. If you have any other questions or want guidance feel free to message me.

its awesome to see someone is doing the exact thing we are! thanks for letting me know this info. I was trying to message you but it wont let me send it. would you mind sending me a message? would be great to chat, thanks again!