Canadian citizen marry to USA citizen

[Dooom 0]

Hello ,

I am Canadian citizen and I am going to marry us citizen. I am planing to go usa for marriage by applying ESTA and then want to stay there until get green card by applying adjustments status instead of return back to canada. Is this legal to do this ? Or any other suggestions or ways to stay there with my spouse?(except TN visa )

Edited January 2 by Dooom

[SalishSea 16,862]

36 minutes ago, Dooom said:

Hello ,

I am Canadian citizen and I am going to marry us citizen. I am planing to go usa for marriage by applying ESTA and then want to stay there until get green card by applying adjustments status instead of return back to canada. Is this legal to do this ? Or any other suggestions or ways to stay there with my spouse?(except TN visa )

Nope, that is immigration fraud.

 

The USC needs to petition you for either a CR-1 or K-1.   I suggest you ask your partner to begin researching the process.   You both need to understand how it works.

[lenny_k 4]

Not only is it fraud, but it won’t work. 

[Dashinka 23,357]

Canada - ESTA?  I am confused apart from the plan being fraud.

[Dooom 0]

How can I live with my spouse without leaving USA. Is there any way which will help me ?

[Dashinka 23,357]

Just now, Dooom said:

How can I live with my spouse without leaving USA. Is there any way which will help me ?

In what you described, you cannot.  You can visit, your spouse can visit, but there is no living together visa while awaiting the spousal visa process.

[Crazy Cat 39,607]

28 minutes ago, Dooom said:

How can I live with my spouse without leaving USA. Is there any way which will help me ?

You can make visits during the process, but you cannot live in the US without a proper visa. One is option is to marry, meet, then start the spousal visa process. You are fortunate that you are close enough for short visits during the process of immigration....which is legal.   You might find it to be a better option than a K-1.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1 
  More expensive than CR-1
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months) 
  Spouse can not work until she/he receives EAD (approx 6-8 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

 

 

 

[Crazy Cat 39,607]

34 minutes ago, Dooom said:

How can I live with my spouse without leaving USA. Is there any way which will help me ?

The process is going to take about 18 months.  ESTA???

Edited January 2 by Crazy Cat

[Daphne . 1,701]

7 hours ago, Dooom said:

Hello ,

I am Canadian citizen and I am going to marry us citizen. I am planing to go usa for marriage by applying ESTA and then want to stay there until get green card by applying adjustments status instead of return back to canada. Is this legal to do this ? Or any other suggestions or ways to stay there with my spouse?(except TN visa )

Nope, not legal. Your spouse needs to start the spousal visa process. You can try to visit as long as you keep strong ties to Canada. I was able to continue to visit my husband while my spousal visa was pending, I did short visits of 2 weeks every 3-4 months.

 

[Boiler 43,711]

I think you can do it the other way, no expert on the Canadian side of things.

[powerpuff 5,971]

A post has been removed for violation the following point of the TOS of Visa Journey:

 

“Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.”

 

Further such violations will result in administrative action including suspension.

 

Topic has been moved to the IR1/CR1 spousal visa forum as that’s the only option for OP when it comes to being petitioned by a spouse. 

 

VJ Moderation 

Edited January 2 by powerpuff

[VinnyH 59]

Canadian citizens do not need an ESTA to enter the U.S. nor do U.S. citizens not need an eTA to enter Canada.

 

But as it was written by other members earlier, all of this is a moot topic since entering the U.S. on a tourist (non-immigrant) visit (ESTA or other tourism visa) with the intention to adjust status is immigration fraud.

 

There have been cases where tourists would enter the U.S. on an ESTA, fell in love, got married and then adjusted status, but that was because it was all in good faith and the tourist did not have immigrant intent (to adjust status) at the time he/she initially entered the U.S., which is clearly not your case.

 

As advised above, either go the K1 or CR1 path.

Edited January 3 by VinnyH
typo

[Dooom 0]

Should I go there as visitor and marry with her and apply adjustment status ?

[Boiler 43,711]

2 minutes ago, Dooom said:

Should I go there as visitor and marry with her and apply adjustment status ?

That would be fraud.

[Dooom 0]

Okay, Thank you so . So, better I will come back canada and wait for a year to get green card Interview.