So I should quit my job and stay apart until after my K-1 is approved?

[canabird 0]

I asked the following question to a lawyer: I am a Canadian citizen, living

close to the Buffalo border. I work in thoroughbred racing, and travel

to Florida every November on a B-1 visa. This year I met my fiance,

"Angel," and sadly had to leave him when my visa was up in May. We

filed the fiance-visa petition in July. (Ironically . the processing wait is

backlogged till Feb 2008), and I am due back in Florida (on a B-1)

long before that--in November. Since I am entering legally, can't I just

get married and file an adjustment of status? What's more, can I even

marry now (in Buffalo NY), and request that my fiance visa ap be

processed as a mariage visa ap? We just want to be together. Thanks in

advance, Charlotte

and got this discouraging response:

Unfortunately, I don't have good news for you. You should cancel your

trip in November, and for the time being not even cross the Rainbow

Bridge, and wait until the fiance petition is approved. There is a good

chance that you will be turned around at the border in November, and if

not, you are inviting trouble. At the very least, make sure you return to

Canada after completing your trip to Florida.

With a B-1, you are expected to be a *temporary* visitor. The fact that

you already stated the intent to remain in the USA (and get married)

is incompatible with that.

OK, let me rephrase all that: people do get away with doing this kind

of thing, but it is illegal.

Ironically, if you had simply stayed in the USA and gotten married to

Angel in May, you could have stayed and directly filed for Adjustment of

Status. The difference is that you did not *enter* with the intent to

do that. Changing your mind after you arrive is legal

Is this the be-all and end-all of the matter? I stay back in Canada while my company goes to Florida in November, and sit around waiting till my ap is (hopefully) approved in Feb?

[RosemarieL 0]

You may not get turned away at the border. You could try going with your company to Florida, spend time with your fiance, leave when your work is finished and then enter on the K1 when it is approved. You would have to return to Canada for your interview though. It is only illegal and risking a ban when you try to defraud the system. The K1 is generally a bit quicker than a K3 (marriage visa) and since you have already filed it is probably better to stick with that.

[pushbrk 12,154]

I asked the following question to a lawyer: I am a Canadian citizen, living

close to the Buffalo border. I work in thoroughbred racing, and travel

to Florida every November on a B-1 visa. This year I met my fiance,

"Angel," and sadly had to leave him when my visa was up in May. We

filed the fiance-visa petition in July. (Ironically . the processing wait is

backlogged till Feb 2008), and I am due back in Florida (on a B-1)

long before that--in November. Since I am entering legally, can't I just

get married and file an adjustment of status? What's more, can I even

marry now (in Buffalo NY), and request that my fiance visa ap be

processed as a mariage visa ap? We just want to be together. Thanks in

advance, Charlotte

and got this discouraging response:

Unfortunately, I don't have good news for you. You should cancel your

trip in November, and for the time being not even cross the Rainbow

Bridge, and wait until the fiance petition is approved. There is a good

chance that you will be turned around at the border in November, and if

not, you are inviting trouble. At the very least, make sure you return to

Canada after completing your trip to Florida.

With a B-1, you are expected to be a *temporary* visitor. The fact that

you already stated the intent to remain in the USA (and get married)

is incompatible with that.

OK, let me rephrase all that: people do get away with doing this kind

of thing, but it is illegal.

Ironically, if you had simply stayed in the USA and gotten married to

Angel in May, you could have stayed and directly filed for Adjustment of

Status. The difference is that you did not *enter* with the intent to

do that. Changing your mind after you arrive is legal

Is this the be-all and end-all of the matter? I stay back in Canada while my company goes to Florida in November, and sit around waiting till my ap is (hopefully) approved in Feb?

No, it is not. The fiance visa petition cannot be changed to a spouse petition. You can marry wherever and whenever you like but then you would start a new process. No you cannot go to Florida, marry AND STAY and adjust status legally. That's where the be-all and end-all stops.

It is possible you could be turned away at any time you attempt to enter the US but it is perfectly legal to visit the US while going through the fiance or spouse visa process. We generally have at least one Canadian asking about this every day, so you should easily be able to find a thread discussing it.

Edited August 23, 2007 by pushbrk

[Chica Yeyé 41]

K visas and CR/IR visas for Canada are taking about the same time, so a K1 is not necessarily quicker than any other visa.

You should be able to cross the border as long as you can prove ties to Canada. And don't cross with the intent to marry or that WILL cause you trouble: immigration fraud is a serious offense.

Good luck and visit us in the Canada forum!!!

Peace, L.

[pushbrk 12,154]

K visas and CR/IR visas for Canada are taking about the same time, so a K1 is not necessarily quicker than any other visa.

You should be able to cross the border as long as you can prove ties to Canada. And don't cross with the intent to marry or that WILL cause you trouble: immigration fraud is a serious offense.

Good luck and visit us in the Canada forum!!!

Peace, L.

Ugg. You can cross with intent to marry. The issue is not marriage it is immigration. Don't cross with the intent to marry and then stay and adjust status. (immigrate)

Based on what you've disclosed, I suspect you'll simply continue you K1 process and your life as usual. Just make sure you bring evidence of ties to Canada and evidence you plan to return after your work is finished.