CANDY PANTS

I only say I'd be mum, because we've been visiting each other about every other month since like mid 2008 and I've never really been given a time limit on how long I could stay.

@ Canadian_wife thx for confirmation on the license certificate thing; that's the route we are heading; she'll be turning in the license once we are within 90 days of the date.

@ CANDY PANTS, i don't want to be un-sexy! thanks for the morality/conscience check my friend!

Well your intents before weren't marriage-based so of course it wasn't a big deal but your purpose of visiting now has changed drastically and well, the letter from the employer is the most sexy option for back-up....and like you said, you don't want to be un-sexy!

I noticed you are set on marrying in Toronto. Have you considered still having the ceremony there but legally marrying in the USA before the ceremony? The marriage certificate worked differently in the USA, depending on the state. In my case we applied for the license and they gave us the marriage certificate which was to be filled out and signed by the officiant who conducted the marriage. Whatever the officiant and witnesses sign in Ontario is similar but is not considered a registered marriage certificate. I only suggest this if you don't want to delay the process of petitioning your wife because you are stuck waiting on a marriage certificate.

Look at the marriage certificate options from state to state, province to province if you want to avoid delays.

I feel like even if I did present documentation that I was returning to the US, they might not let me in. Is proof of employment the only thing I need? I'd think border control would want something legally binding. Which is why I was just going to be mum on the topic when crossing.

Some officers have a way of questioning people that can fluster a person. You can be mum on the topic but be honest with everything they ask. If you had your employer write a letter with the date you are expected to return to work, then that will be good in case they do drill you. You probably won't need any of it though, but just in case marriage does come up...you have a back up.

Personally, I'd mention marriage and provide a letter from employer if asked...or even offer it!

Thanks Bernie, we are definitely set on the 8/22/2010 wedding in Toronto. That will not change at all. To be clear CR-1 and i130 are the same right? Can we just call it i130 to keep my little head from spinning with all these forms! . I'm also still under the assumption that after the marriage, she can still 'visit' like a normal tourist, while forms are being filed, but I've also heard some adversity comes with that as well. Any insights, expert panel? Thanks again all!

I wouldn't recommend her coming back to "visit" for a long period of time if she doesn't have any financial ties in Toronto or a job to return to. If she entering as a "visitor/tourist", she better prove she has some $$$ to support the stay or something. Of course, as her husband, you can support her but I think they might question her intent. They can smell a liar a mile away so BE HONEST. They might give her a time limit at their discretion less than 6 months.

If you aren't honest, and they find out....man oh man...deportation would not be sexy. Neither would the fines. Fraud is not sexy.

It's tough. I'm in Ontario and wish I could just stay in the USA with my husband. He visits me every month. The officers know him by now. They don't even question him anymore. I wonder what it will be like when I take time off work to go visit the USA. Haven't been since I returned to Canada after our marriage.

It will all work out for you both if you are honest.

You may want to mention marriage but then they might want more proof that you will be returning to the USA. Definitely do mention you are going to visit your fiancee.

If they ask about marriage, be honest. Personally, I'd tell them I was going to get married and provide supporting info like a letter from employer or financial ties proving that you have to be back. If not, they may limit your stay or not let you in.

I didn't have any troubles visiting the USA to get married although the plans were not 100% and the officer did joke about Canadian girls going to visit their boyfriends and never coming back. I laughed and said that I have a job and a life in Canada and can't just UP AND LEAVE.

Dude was funny though...he literally greeted me by saying "Wassup?" haha

Canada can be tough at customs.

But hope for the best. It'll work out. Just be honest.

Thanks peeps, and I've been trying to figure out which path to take i129-->k1 or i130. Looks like the consensus is i130.

So if I fly Toronto, should I even mention marriage? Because neither of us intends to live there. However i130 says we need marriage certificates, and in order to do that my fiancee will have to file for a marriage license etc. What to do?

Thanks again for the quick replies/assistance!

I ran into the same situation so I emailed USCIS and received a reply. Basically it's ok to use the married name but be sure to add the maiden name to OTHER NAMES USED section on the I-130 petition. I did not have to change my passport to reflect my married name either because the marriage certificate supports the fact that I am married. In Canada, I would have to reapply with my marriage certificate and pay the fee all over again in order to get a new passport. Not worth it on my end.

But if you WANT to be super super super cautious and ensure you don't have problems at the POE, then by all means, change the passport. Personally, I'm not worried because taking on a spouses' last name is not considered a LEGAL NAME CHANGE, so my birth certificate and marriage certificate should suffice in supporting why my passport is still valid when going to the USA.

Please see the email I sent to USCIS:

1. I haven't changed my Canadian ID, Social Insurance Number or Passport to reflect my new last name. I intend on doing this once I've immigrated. Can I used his last name (as seen on the Marriage Certificate that will be submitted) and then add my maiden name in the Other names used section? Or does the main name I use have to be reflected on my passport. I would prefer not having to reapply for a Canadian passport.

Their reply: You can use your married name and then in Others names used you can put your maiden name.

Emailing USCIS can take time to receive a reply (1-2 weeks) but it's worth it! They are so helpful.

All the best!

K fine...you all are right...

i knew some would not like what i had to say but never realized people took stuff on the internet so seriously...

ha ha that's funny!!!

The U.S. immigration system is far from perfect. I have a few vents of my own.

That said, you need to keep in mind that statement you made above. You are Canadian - different country, different government - we are not the U.S. and they are not us - I can't think of any reason why Canadians should be given any special treatment.

I am acting entitled.....because I'm CANADIAN!

Truth is subjective. What is true to you, may not be to another.

Its not that you can't discuss, it but rather if you choose to, always remember that trash to you is jewels to another...

truth is not subjective or even relative

if what's true for you is true for you and what's true for me is true for me..what if my truth says yours is a lie? is it still true?

and since when is truth defined by one's thinking?

what does one's way of thinking have to do whether something is really true or not?

one can fool themselves into believing something all they want....doesn't make it TRUE

I agree!

** Please be mindful of what is being said. This is an open forum for folks from all over the world, both young and old, different backgrounds, religions and customs. We are all asked to respect this when posting.

Since the subject is mostly off-topic type discussion, am moving this thread to Off Topic (from CR-1/IR-1 Procedures).

So basically issues that are real cannot be discussed as it may offend some people. I understand doing it without tact can be offensive but who cares...it's TRUE. and what is the truth? telling it like it really is. it's not a matter of perception...it's about what it really is...so what's the politically correct nonsense about?

It's awful for those who have lost their jobs, especially those who have been working at the same place for YEARS! But unfortunately, there are many who just refuse to work...or to lower their "standards" so to speak...and WORK at a job they are not "accustomed" to....

The USA HAS JOBS....

You are so to the point.. and even with that they are making the immigration law more complicated -- look at Arizona [rednecks]

I've known people who've illegally stayed in the country to LIVE and they can affirm that many of the people they know have done the same. They come to see a family member and never return....some get deported...but many don't....

Those Jamaican are not illegaly, they may be out of status, because they could not have enterted your country without a visia in the first place. They can't just stroll from Kingston, Jamaica to Toronto. Being that Jamaica and Canada is not land locked.

Being that I am not Jamaican, but a USC....... My orginal statement still stands.

Ahhh Yes....THE USA is all about the money.

Funny thing is I see many places hiring in the USA....but no one wants to flip burgers or sell shoes when they can collect unemployment.....

so create more jobs? LOL come on!

Oh - you could forget about spousal immigration in it's entire-ity, come across the border with an Investor Visa, instead. Of course you'd be welcomed with open arms, as you've opened yer pocketbook to create USA jobs.

You have the right to Vent, But it's always the haves that think they have the right, and the have not's should not have the right.

If all things were equal, we wouldn't have jails in the USA, so in saying that no one group of people are considered less risk than the other. By the way, doesn't Canada have a very large nationality from other countries- population. They have Canadian resident cards too. So which one of these groups are less risk than the other.

Keep venting......

yes and Canada has a lot of illegal immigrants from other countries too, especially countries like Jamaica...probably due to the high caribbean population especially in Toronto....

there are probably many reasons as to why it's still easier for a Canadian to immigrate to the USA...regardless of the "universal process"....

I'm not going to stop my boasting about the awesomeness of Canada...I must be retarded for leaving...that is what love will do...it will make you want to move to the USA!

Old fashioned but true. It's obvious it still goes on....and it's sad really. It should be an entirely DIFFERENT process.

I'm sure because many tried to defraud the system, from all over the world...including Canada....the system has become tougher...but I'm also certain it's much deeper than that. True, it was designed to piss off Canadians...but I don't agree with the process being Universal. True...Canadian immigrant numbers are higher than a lot of countries, as well as the UK...but they should make the process faster for a country that doesn't even require a visitor's visa...it is absurd. Again...I am CANADIAN...Canadian, I say! CANADIAN!!!!!!!!!!!

'mail order brides' tag is a bit old fashioned, sorry.

US immigration is what it is - if it was meant to be easy, this here portal wouldn't exist.

This 'system' wasn't designed to p|ss off Canadiens - it's universally the same, regardless of where yer from.

Good Luck with yer casefile !

Does anyone agree that the process for Canadians immigrating to the USA is ridiculous?

I mean...come on...I AM A CANADIAN....what on earth am I going to do the USA (but maybe take a good job from an American )

A few things that I've noticed during this immigration journey that really gring my gears are as follows:

1. What on earth is up with this sponsorship stuff?! The poverty guidelines are ridiculous. My husband and any co-sponsor is legally obligated to take care of me in case I cannot work? And can be sued if I utilize services designated for immigrants? What if something happened? So basically I have to become naturalized in 3 years to free anyone from such a repsonsibility. Stupid.

2. Why is it that certain illegal immigrants come to the USA and can get free health care among other services? I mean sure, countries like Mexico do SUCK economically in comparion to Canada but seriously....that is just a little retarded if you ask me, especially considering I can be deported and charged with fraud if I go to stay with my husband as a visitor in the USA...but undocumented workers...who cares, right?!

3. MAIL ORDER BRIDES! Are you serious? So if you are a lonely old dude, you can pay for a hot young asian lady to love you or whatever(to me, the mail order brides system is more like a legal sex trade) and legally bring her to the USA???? COME ON!!!!!!!!!

I think am going to claim refugee status...I need to seek refuge from the liberals in my nation who want to impose too much liberalness upon me.

I remember having an appointment with immigration in Philly...The security officers working there were funny. When I showed them my ID one of the officers said out loud to her colleagues "Look, she is one of the good ones!" (no offence to any of those who may not be considered "good ones" by US immigration) But it is true...I AM FRIGGIN CANADIAN...I don't even need a visa to visit the USA. Let me go live with my hubby like NOW ya terds!!!!

*venting done for now*

YAY CANADA! lol

I agree with you though...it does seem like the US doesn't promote marital unions LOL

I am really, really sorry that your wife went through that nightmare.

Something else must have been up with her? Did you try talking to a lawyer?

I have just in the last 19 months gone through getting Canadian Permanent Residency for myself

and the Visa for my Canadian husband to move back to the US with me.

I can say without a doubt the Canadian system was a million times easier and much more pleasant.

I had to hire a lawyer for the US Visa, but I was able to navigate the Canadian PR process alone.

The website is so user friendly for Canadian Immigration but try to navigate the US site!

My Canadian interview was no more than a formality in Oshawa with a nice older woman asking me

three questions and then saying "Welcome to Canada." I also entered Canada as a "visitor" and stayed

to marry my husband and live here with one simple extension to my visitor visa. Do this in the US and it is

considered FRAUD. You can not enter as a visitor in the US and marry a US citizen with out getting in trouble.

Canada didn't even question my original entry. For the US interview we had to go through

a harrowing process in Montreal where we were refused the Visa because I was not "domiciled" in the US.

I thought they would want me to actually be with my husband. I was very mistaken.

The US process was much, much more expensive and stressful by 100!

So anyway, that is just my experience.

I figured USPS express was similar to FedEx or something but apparently not. I should've known that it's just like Canada Post's express delivery LOL. USCIS website states the special address for "courier/express". Would be nice if it just said courier.

Either way, the package was picked up or delivered and signed for Monday morning...the system wasn't updated accordingly until this morning.

So YAY they got it Monday morning, the day we wanted them to get it. I don't know what days they forward the info to the Vermont Service Centre, or if they have a cut-off (I'm sure they do) but it's nice to know it's there and not a few days later than desired....I guess having it there early in the week was more for a sense of reassurance than anything.

I'm sorry to hear your wife had to endure that nonsense. I can't even imagine!!! You are right, no one system is better than the other. This process is definitely no walk in the park!

Trust me when I tell you that the Canadian process is just as screwed up. My wife tried to get her Permanent Residency reinstated and they jerked her around for 6 months (this particular process was only supposed to take 30 days) only to deny her in the end after making her go to to 3 separate interviews where all they did was go over her answers to their questions and have her sign a paper that the answers were correct. A week later, they gave her orders to leave the country and told her if she didn't within 30 days they would issue a warrant for her arrest. She was treated like a common criminal. Then they turned around and told her if she wanted to come back, to just go to the States for one day and then turn around and come back!! HELLO! Talk about contradicting yourself.

When she was at Canada immigration getting a Record of Departure, the Border Patrol kept her there for 45 minutes trying to figure out why Canada Immigration had refused her reinstatement. She finally told them she did not want to contest it, she just wanted to leave.

The American process may seem "retarded", but it has the checks and balances for a reason and I don't appreciate you insulting the U.S.

Doesn't matter if it's the U.S. or Canada, it's no walk in the park.

That seriously must've SUCKED when you and your wife had to correct someone else's friggin mistake! I can't even imagine...I'd probably be in jail! LOL

I wouldn't panic too much. Seems pretty routine to me.

I got confirmation of the receipt more than a week later

and the NOA1 more than 2 weeks later than I sent the

package in. With the lockbox system this seems to be

par for the course. A notice is routinely left and the USCIS

staff goes to the PO to pick it up. It's only after that happens

that you get your USPS receipt.

Whether you send it ordinary or express they have to be

there to pick it up. If not, you have to wait.

The system is not perfect but this is just one of the quirks.

Something outside the category of "quirk" was the IO at the

POE getting my wife's name wrong on the I-94. The applicant

has to get it corrected even if it is their mistake which was

checked by 2 officers who didn't catch it until she was

out of the airport.

Also something outside of the "quirk" category is them failing

to even staple an I-94 ticket into the passport. I've seen many

reports of that on VJ.

A lot more serious things can happen than just a slight delay in

getting an application through the door.

Hubby sent the package to:

USCIS Lockbox

Attn: SAI-130

131 South Dearborn – 3rd Floor

Chicago, IL 60603-5517

Hopefully the system does suck and they reattempted delivery today considering the guarantee was for today.

Thanks for letting me vent...and for the replies that made me laugh and gave a positive outlook.

So my husband finally sends the petition express to Chicago on Friday with instructions to have it delivered today because the office will be closed on Saturday...and sure enough they attempted delivery on SATURDAY and left a notice for pick-up. I have a gut feeling they will not go to pick it up at the post office!

And because it was an express delivery, I can't reschedule online....my husband has to call his local number before 5pm (in which he can't today as he's working) to have it redelivered. The ONLY bonus is a refund of the money because of USPS' error. But who cares so much about the money....the point of expressing it and paying more is to get it there FAST AND SECURE!

I'm already fed-up with the immigration process and it's ONLY JUST BEGUN! I am seriously considering sponsoring my husband to live in Canada. American organizations are retarded and the immigration guidelines are as well.

Hi and welcome,

The K3 forum/info on this site is just a teeny portion of all the visa info available here

You will want to start by reading the CR1/IR1 guide here (also accessible by clicking the Guides link at the top of this page).

You can't go back to the U.S. and adjust status now - that horse has left the barn. You can't enter the U.S. now with the intention of immigrating, so the CR1 is your only option.

Once you have read the guides you will probably have more questions, we can help you out.

As for your other questions:

* if i am financing my car, can i bring it with me to the USA and continue payments? can i still pay my canadian debts?

Of course you can still pay your Canadian debts. As for the car, I can't remember the details on financed cars, seems to not be a problem for most. You might want to post that 1 question in the Canada forum here at VJ.

* when moving my belongings across the border, do I need some sort of special permit?

No. You are allowed to import your personal items duty free - once you have your visa.

* do i still file my Canadian taxes during tax season after my move?

If you had Canadian earnings in the year you move, then yes, if not, then no. You don't have to keep filing once you are residing in the U.S. and do not have any Canadian income in the tax year you are filing for.

* should i wait until i move to update all my canadian ID with my married last name?

That's completely up to you. One thing to consider, when they issue your visa they will issue it in the name that appears in your passport. Since you obviously want to change to your married name, it might be wise to change your passport now.

Thanks so much for this very useful information you've provided. It helps alot!

Hi Dee,

Congratulations on your marriage. I have interspersed some comments in among your post.

Thank you Kathryn for the detailed responses to all of my questions. This has help clarify many things for me and has given me guidance.

I am thankful for this community!