Coming from Canada to US For Marriage

[adventuresoftheg 0]

Ok, I’ve asked this question before in a Facebook group, but they weren’t very helpful.

 

Long story short: My fiancé is from Canada and I’m from the U.S. We’ve been engaged since last year. Our wedding date has been set for next month.

 

He’s flying in next Friday. However, he’s very worried about the border questioning him. There was never a problem until the last visit (over a year ago) where he was brought to secondary and asked questions because our previous visit and that specific visit were too close together. They let him through anyway.

 

I know people say be honest with CBP, but I’m truly afraid they’ll freak out if he tells them he’s coming here to get married and will be filing the CR1 once he gets back. I just have a feeling they won’t like that for some reason and think he’s going to stay or whatever. He has a return ticket, however.

 

We were originally just going to tell them he’s visiting. Which is true, but we’re also getting married during this visit.

 

Thousands of dollars have been put into this wedding and I really don’t want him to be denied at the border.

 

What should he say? What’s the likelihood he will get denied if he says he’s coming to get married and file once he goes back home?

 

(A lot of people were confused in the group when I asked this, so I’ll clarify just in case. He isn’t on a tourist visa. He doesn’t need to be on one. He can come into the U.S as a visitor and he is allowed to stay up to 6 months. He will not be here for 6 months, though. We will be filing for the CR1 once he returns home.)

[Crazy Cat 39,183]

He should be prepared to show evidence that he will, in fact, return after the wedding......no reason to hide the purpose......since many people marry in the US, then exit.

Edited August 8, 2019 by missileman

[USS_Voyager 1,971]

26 minutes ago, adventuresoftheg said:

they’ll freak out if he tells them he’s coming here to get married and will be filing the CR1 once he gets back.

Nah, they won't freak out. They see this literally everyday. Their job is to make sure that he WILL indeed return to Canada and go through the proper route, instead of staying here after the wedding. There is nothing illegal about a Canadian going to the US to get married to his American girlfriend. So as mentioned, he needs to prepare documents/proofs/evidence, that he will in fact go back to Canada. The return ticket is a good start. What about his employment? It would help that he carries proof that he hasn't quit, and he will continue his job after he comes back to Canada. What about his house/apartment, carry proof that he hasn't it yet or whatever. Travel light. If he intends to go for a couple weeks only, pack appropriately. That sort of things. 

 

A lot of it will come down to how he presents himself at CBP. If he drives down with a car packed with 25 boxes and a trailer containing all of this worldly possessions and he goes in there and tell them he only stays for 2 weeks, they're not gonna believe him. 

 

In any circumstances, do NOT lie. That will result in the worst outcome. CBP can search his cell phone, text messages, emails and will find out he goes down to get married. 

[Boiler 43,393]

He should answer any questions with the truth.

[ADW & JOP 146]

I was in a very similar situation in November 2018. I am from Canada, flew to San Diego, got married and returned. I don't get asked a lot of questions when I cross the border because I have a nexus card, but I was prepared to tell the truth and also provide documentation demonstrating that I plan to return to Canada.

 

1 hour ago, adventuresoftheg said:

He’s flying in next Friday. However, he’s very worried about the border questioning him. There was never a problem until the last visit (over a year ago) where he was brought to secondary and asked questions because our previous visit and that specific visit were too close together. They let him through anyway.

Out of curiosity, when he came last year and was sent to secondary, how close were the two trips and how long were the two trips? I have flew to San Diego 7 times since we were married (since November 2018) and never once had any problems at the border with the above documentation.

 

1 hour ago, adventuresoftheg said:

(A lot of people were confused in the group when I asked this, so I’ll clarify just in case. He isn’t on a tourist visa. He doesn’t need to be on one. He can come into the U.S as a visitor and he is allowed to stay up to 6 months. He will not be here for 6 months, though. We will be filing for the CR1 once he returns home.)

 

I think we are technically granted a visa at the border. Whenever I cross at Pearson (and I have crossed 17 times since I have had my nexus card), each time at the global entry kiosk, they ask for the purpose of the trip and I select vacation/for pleasure which has B2 listed beside it. Anyway, it doesn't really matter, what does matter is that we can only visit the US up to 6 month (cumulative) in any 12-month period. Meaning, you can't visit visit 4 months from October-December, then go home for a month and visit again for 3 months from February-March.

 

My visits tend to be short 1-4 weeks, and I spend more time in Canada > US and I keep track of my visits to ensure I don't spend close to 182 days in the previous 365 days. I do visit frequently though, but have never had any issues at the boder. Once, I was asked what I did for a living.

 

Good luck!

 

Edited August 8, 2019 by ADW & JOP

[adventuresoftheg 0]

1 minute ago, ADW & JOP said:

I was in a very similar situation in November 2018. I am from Canada, flew to San Diego, got married and returned. I don't get asked a lot of questions when I cross the border because I have a nexus card, but I was prepared to tell the truth and also provide documentation demonstrating that I plan to return to Canada.

 

Out of curiosity, when he came last year and was sent to secondary, how close were the two trips and how long were the two trips? I have flew to San Diego 7 times since we were married (since November 2018) and never once had any problems at the border with the above documentation.

 

 

I think we are technically granted a visa at the border. Whenever I cross at Pearson (and I have crossed 17 times since I have had my nexus card), each time at the global entry kiosk, they ask for the purpose of the trip and I select vacation/for pleasure which has B2 listed beside it. Anyway, it doesn't really matter, what does matter is that we can only visit the US up to 6 month (cumulative) in any 12-month period. Meaning, you can't visit visit 4 months from October-December, then go home for a month and visit again for 3 months from February-March.

 

My visits tend to be short 1-4 weeks, and I spend more time in Canada > US and I keep track of my visits to ensure I don't spend close to 182 days in the previous 365 days. I do visit frequently though, but have never had an issues. I think the most I have ever been asked was what I did for a living.

 

Good luck!

 

The visit when he was brought to secondary was 3 weeks after the visit before that aka there were 3 weeks of a break between visit A and visit B. I don’t exactly remember how long visit A was, but I think maybe around 4 weeks?

 

I understand why they pulled him to secondary and questioned it. It was scary (for him and for me), but it makes sense. They were afraid he was working here.

[ADW & JOP 146]

Does he work in Canada? Did he bring documentation that supports his work in Canada. It may also help to get a letter from his job to show that he plans to return.

Edited August 8, 2019 by ADW & JOP

[Boiler 43,393]

5 minutes ago, ADW & JOP said:

 

I think we are technically granted a visa at the border. Whenever I cross at Pearson (and I have crossed 17 times since I have had my nexus card), each time at the global entry kiosk, they ask for the purpose of the trip and I select vacation/for pleasure which has B2 listed beside it. Anyway, it doesn't really matter, what does matter is that we can only visit the US up to 6 month (cumulative) in any 12-month period. Meaning, you can't visit visit 4 months from October-December, then go home for a month and visit again for 3 months from February-March.

 

My visits tend to be short 1-4 weeks, and I spend more time in Canada > US and I keep track of my visits to ensure I don't spend close to 182 days in the previous 365 days. I do visit frequently though, but have never had any issues at the boder. Once, I was asked what I did for a living.

 

Good luck!

 

There can be tax issues but there is no cumulative limit from an immigration perspective.

[ADW & JOP 146]

4 minutes ago, Boiler said:

There can be tax issues but there is no cumulative limit from an immigration perspective.

 

I am referring to this article: https://www.cbc.ca/news/canada/canadian-snowbirds-rules-you-need-to-know-1.2925513. Probably the best summary for any visiting Canadian.

 

Agree with the taxes, I filed as a tax resident in 2018.

 

Edited August 8, 2019 by ADW & JOP

[Boiler 43,393]

1 minute ago, ADW & JOP said:

 

I am referring to this article: https://www.cbc.ca/news/canada/canadian-snowbirds-rules-you-need-to-know-1.2925513

 

Agree with the taxes, I filed as a tax resident in 2018.

 

You need to refer to US Government sites, lots of fake stuff out there.

[ADW & JOP 146]

6 minutes ago, Boiler said:

You need to refer to US Government sites, lots of fake stuff out there.

 

Perhaps, but I do know that when I got my nexus card, I was also warned by the CBP officer about something similar. That I need to be in Canada for >6 months a year.

 

Here is another link, something similar, not exactly the same from the CBP. 

 

https://help.cbp.gov/app/answers/detail/a_id/619/~/visiting-the-u.s.---documents-required-for-canadian-citizens-%2F-residents-%2F

 

The burden of proof that the Canadian citizen is not an intended immigrant (plans to make the U.S. their primary residence) is always on the applicant. There is no set period of time Canadians must wait to re-enter the U.S. after the end of their stay, but if it appears to the CBP officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents. One of the ways to do this is to demonstrate significant ties to their home country, including proof of employment, residency, etc.

 

 

[geowrian 22,335]

Nothing about a 6 month limit per year.

[Boiler 43,393]

15 minutes ago, ADW & JOP said:

 

Perhaps, but I do know that when I got my nexus card, I was also warned by the CBP officer about something similar. That I need to be in Canada for >6 months a year.

 

Here is another link, something similar, not exactly the same from the CBP. 

 

https://help.cbp.gov/app/answers/detail/a_id/619/~/visiting-the-u.s.---documents-required-for-canadian-citizens-%2F-residents-%2F

 

The burden of proof that the Canadian citizen is not an intended immigrant (plans to make the U.S. their primary residence) is always on the applicant. There is no set period of time Canadians must wait to re-enter the U.S. after the end of their stay, but if it appears to the CBP officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents. One of the ways to do this is to demonstrate significant ties to their home country, including proof of employment, residency, etc.

 

 

Yep those are the rules.

[ADW & JOP 146]

Fair enough, I cannot find any specific mention of 6 months per year on their website.

 

I took the CBC article and the CBP officer's word to heart so I have tried to limit my visits less than 182 days per 365 days so that I am spending more time in Canada than in the US. I think the burden of proof to show that I am not de-factor US resident otherwise would be quite difficult to overcome with a US spouse and in the process of immigrating.

 

Good luck!

 

 

 

[adventuresoftheg 0]

Yep, it’s me again with a (stupid) question.

 

Fiancé is from Canada, I’m from the U.S. He’s flying in next week. Our wedding is September 15th. The wedding is fully paid off, so we’re just counting down until next week. He hasn’t been here (in the U.S) for a year.

 

I keep reading stuff saying that him coming here to marry is illegal, which I don’t understand. Our intention is for him to visit, get married, then start the CR1 process when he gets home. He isn’t on any kind of visa, so I don’t get how it would be illegal. He isn’t getting married and staying. He isn’t staying and adjusting his status. He will be returning home after we are married.

 

So, I’m just confused. Is this illegal? Or am I just getting wrong information?

 

I don’t know how it would be illegal as to be eligible for the CR1 visa, you have to be married and you can’t be married unless you’re together in person so...