Canadian with US Boyfriend & future husband

back when my wife (girlfriend, fiance, whatever u want to cal it back then,lol) were looking at ways for me to move to the USA we went and had a free consult with a lawyer in the DC area. She dealt with only immigration. She told us, your Canadian, too easy, just stay and AOS Canadians do it all the time. At the time I was in the Cdn Air force, so just staying was not an option, and it just didnt sound right!! And after much research, my hunch was correct!! If one INTENTIONALLY (knowingly) enters the USA and plans to stay its illegal. if one had NO intention and out of the blue stayed that is Fine! So in ur case, u have the INTENTION of staying prior to entering the USA, so that is illegal. if your in doubt, do AOS, and then if you do have to do an interview, freely tell the interviewer, that yes, I entered the USA without the proper visa and planned to stay and see what the result of the interview will be, probably not good!
In reality, yes many people (not just canucks)do this, and probably the majority get away with it. Keep in mind if one goes this route, you wont be able to leave the USA until you have reached a certain portion of the process. Well leaving won't be a problem, getting back will be. So if a family member passes away, etc, you have to make the decision, do i stay or go??
I personally careless what routes people take. I went the Cr-1 route and sleep peacefully every day,lol As long as you do the research and know what your getting into, you know the bed ur sleeping in,lol The visa process isnt overly hard to do, just takes a bit of patience. VisaJourney is an awesome FREE forum with oodles of advise,pictures of already filled out forms, just as Reba Stated. Even a simple guy as myself can do it!! Best of luck

Do you happen to know what happens if they deny my application because they thought i was misrepresenting myself upon entry? I mean, I understand that it may vary depending on the CBP officer, but would I be at risk of being banned from entering the United States indefinitely or would they just require me to fill out the appropriate paperwork before returning?

Being banned from entry is not something that generally only happens if you've done something illegal, e.g. been convicted in the US for some sort of criminal offence. You might get banned if you went in as a visitor and accepted employment as well. However a denial is simply that, they deny you. They might fingerprint you and whatever but if the circumstances surrounding your entry are different the next time you try, it's usually not a problem other than that they will quiz you a bit more thoroughly.

I have read many discussion boards where a lot of people have entered the US by saying they were going on vacation or to visit a friend or whatever, got married and then applied for AOS without any mention of entry intent or being questioned in interviews and such. But I suppose with the new procedures in place, that has all changed. Does it really happen that often to Canadians? I have heard that it isn't such a big concern.

Like I said, CBP have been keeping more detailed records since October. I doubt anyone who has applied for AOS since then has reached interview stage yet, so I would take anything you read or hear on this subject with a heavy pinch of salt, because the fact of the matter is that zero people have actually done it under the current procedures as of right now. So it's impossible to say.

I suppose one last question I have is, during my last visit, I left Canada on Dec. 23/08 and told them I was staying for 2 weeks, which my return ticket stated, however, last minute I decided to stay for another 2 weeks. Will they have a record of when I returned to Canada? If they ask me upon my next attempt into the United States, when I was last in the US, will they know and are they asking me to see if I am telling the truth? Additionally, if they ask me why I visited in December, will they have the reason on file as well?

There's no problem if you stayed a couple of weeks longer, if they ask and you say 4 weeks and the CBP guy says you only said two, just explain that something unexpected came up. Obviously you left so clearly you had non-immigrant intent.

They don't currently have records of when you left the US unless you used a NEXUS card (and even then it's spotty I think) or they issued you an I-94 (and it takes months to be transcribed into their system is my understanding because they're all sent to a place in Kentucky where they are matched up with your entry record). However one of the key parts of the WHTI is to keep track of departures of Canadian visitors, various things are being put in place over the next five years to accomplish that.

I suppose it is possible that someone could go to the United States to visit their boyfriend and during their visit they were suprised with a marriage proposal and a ring and then spontaneously decided to get married during the visit...

Which is the usual argument, just have proof that's what happened.

-- Fri Jan 30, 2009 11:06 am --

In reality, yes many people (not just canucks)do this, and probably the majority get away with it.

I doubt they do actually, because most visitors to the US are either on the VWP or have to get a specific B-2 visa. Certainly if you have a specific B-2 visa in your passport and then enter and apply for AOS you're going to have problems because you may have misrepresented yourself twice - once when you got the visa and once when you entered. Indians, Pakistanis etc. have all kinds of problems with this because USCIS assume the marriage was arranged, so it couldn't have been spontaneous.

Thanks for all your input. Some very disheartening information in regards to the immigration lawyers suggestion. They didn't make it seem as though it wasn't legal, however, when he mentioned it, my intent wasn't to get married while I was there. It was just for a visit, so I suppose technically if we had taken his advice and got married then it would sudden and unexpected. With all that being said, how long does a fiancee visa usually take to get processed? I have heard approx. 3-6 months. And more importantly, could I visit the United States while the application is being processed and approved? My understanding is that I cannot. As far as the whole application/interview process is involved, I assume the interview comes first and is very subjective? Is it only me that gets interviewed or would my American fiance/husband get interviewed as well? If a Canadian were to enter the United States with the intent of getting married would the bp officer refuse entry for that reason? I'm assuming yes?
Oh an regarding not being able to leave the country if I did apply for AOS is it that once I have applied I have to stay in the United states until the process is over or can I return to Canada and then not re-enter until the process is over? This is something I am somewhat confused about. Additionally, I have heard that the AOS process usually takes approx. 90 days?
Thanks again for everyone's input. I really appreciate it.

Can 1 still visit throughout the visa process, YES, yes yes!! BUT (always a but)it is up to the POE officer. So bring ties to Canada to show your intentions are not to stay. My free advice is:

1) Always tell the TRUTH. never lie to the POE officer
2) Be confident in ur replies
3)keep ur response short and to the point, dont tell ur life story!!
4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!
5)pack light! No job resumes with you
6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)
7) Always be polite, being rude isnt going to get ya anywhere, and could make things worse!!
have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didnt lie! Refer to #1

The interview for the most part is the EASIEST part of the whole evolution, seriously!! it is extremely quick and painless. One wonders why they even bother. The interview is either in Vancouver or Montreal, depending on where you live in Canada and what Visa you go for. ALL Cr-1 got Montreal. Montreal, handles, k1, k3 and cr-1. Vancouver handles, k1 and k3!

k1 can take anywhere from 6 months to a year. Immigration isn't a rock solid science! Some people seem to breeze through it, while others go at a snails pace. Take a look at visajourney and educate yourself. Seriously, who cares more about your situation than you???

how long does a fiancee visa usually take to get processed? I have heard approx. 3-6 months.

Current processing times for the I-129F petition are 6 months. Then the wait time for an interview appointment is about 3 months, give or take.

And more importantly, could I visit the United States while the application is being processed and approved? My understanding is that I cannot.

flames answered that quite well I think. He's got it saved and he just cuts and pastes now.

As far as the whole application/interview process is involved, I assume the interview comes first and is very subjective? Is it only me that gets interviewed or would my American fiance/husband get interviewed as well?

No, the interview does not come first. Your fiance will have to submitt the I-129F petition first, and he will have to be approved to sponsor you. THEN and only then, will the consulate send you the visa applications and interview schedule. Your fiance does not need to be there for the interview, only you. I would not say it is "subjective" People do get denied fiancee and spouse visas, if the consular thinks that your relationship is not genuine, and that you're only in it for the green card, or if the US sponsor cannot prove ability to support you.

If a Canadian were to enter the United States with the intent of getting married would the bp officer refuse entry for that reason? I'm assuming yes?

Yes. If they thought you were getting married and will be staying without first having the proper visa, they will deny your entry.

Oh an regarding not being able to leave the country if I did apply for AOS is it that once I have applied I have to stay in the United states until the process is over or can I return to Canada and then not re-enter until the process is over?

Had you stayed and got married and applied to adjust status, you would be unable to leave the US until you have your green card in your hand. To leave would mean that you have abandoned your application, and they would not permit you to re-enter. You would then have to re-start the entire process for a spouse visa, and would be unable to return to the US until that is completed.

The same is somewhat true for a K1 visa. If you have a K1 visa, it is a one time entry visa. You are required to be married within 90 days of the day you enter, and then you cannot leave the US until you have either your green card in hand, or you get advanced parole document to allow you to travel.

If you get married, return to Canada and wait out the spouse visa process for either the K3 or a CR1, after you get that and go to the US, they are both multiple entry visas valid for 2 years, and you can come and go as you wish.

Additionally, I have heard that the AOS process usually takes approx. 90 days?

It takes a whole lot longer than 90 days! No idea where you got that. Once you send in your AOS applications, if you include an application for employment authorization (highly recommened), then THAT will be sent to you within 90 days, but AOS itself takes a few months longer, and will depend on where in the US you live. Each district office has a different time table, based on their volume.

Again, I strongly urge you to go to Visa Journey and look up the information there. Its ALL there for you already. ALL of it.

Hello, I just wanted to let you guys know I ended up marrying an american guy and did not come on a K-3 fiance visa and did not have an I-94 either. Everything worked out fine and it took the usual amount of time. I have my permanent resident card now. The advice I have is to make sure to get married in the US due to you have to file in the country you got married in. If you get married in Canada but plan to live in the US you have to file from canada and stay there until all your paper work goes through which can take a while. The fiance visa takes about 3 months or so to process so you would have to sit in Canada until that came through and then you must marry withing 3 months of the time the visa is given to you. I would definately recommend getting an immigration lawyer, even though the forms are free to get, filling them out properly can be confusing. I remember I was going to fill them out myself then found it to be a bit of a hassle and ended up going with a lawyer due to advice given from another canadian who went through the same thing. It was good that I did cause my lawyer checked some different boxes than I did, which no doubt would have messed up my application. It was just so much easier, he filled everything out and I only had to sign the papers and provide supporting documents. And I had peace of mind knowing it was filled out correctly. So my question is, I have my permanent resident status and plan to try and get my dual citizenship. I was reading the guide to naturalization and it says that when you apply to become a US citizen, you have to denounce all other allegiances to foreign countries, I heard of people being dual citizens, does this mean I have to give up my canadian citizenship? Canada allows you to have dual, so is it only americans obtaining canadian citizenship? or when its the other way around, do the americans make you give up the canadian? I might as well pack up and head home cause I wont give it up. Does anyone know about this?

Everything worked out fine and it took the usual amount of time.

What do you consider "usual amount of time"?

I have my permanent resident card now. The advice I have is to make sure to get married in the US due to you have to file in the country you got married in. If you get married in Canada but plan to live in the US you have to file from canada and stay there until all your paper work goes through which can take a while.

That is simply not true at all. Only if your plan is to go for the K3 is that even partially true. I got K3, and got married in the US. And, visited during the process. If you marry in the US, the visa will be processed in your home country.

[qte] The fiance visa takes about 3 months or so to process so you would have to sit in Canada until that came through and then you must marry withing 3 months of the time the visa is given to you. [/quote]

Again, only partially true. The petition for K1 takes currently about 6 months to approve, and then there is a further 3 to 4 months before the interview will be scheduled. All told, just slightly less than a year.

I would definately recommend getting an immigration lawyer, even though the forms are free to get, filling them out properly can be confusing. I remember I was going to fill them out myself then found it to be a bit of a hassle and ended up going with a lawyer due to advice given from another canadian who went through the same thing. It was good that I did cause my lawyer checked some different boxes than I did, which no doubt would have messed up my application. It was just so much easier, he filled everything out and I only had to sign the papers and provide supporting documents. And I had peace of mind knowing it was filled out correctly.

Entirely a personal choice. A lawyer is not needed, if one follows the directions on the forms correctly. And Visa Journey has ample examples of correctly completed forms to peruse, and has managed to get dozens upon dozens of couples thru the process without the cost of a lawyer.

So my question is, I have my permanent resident status and plan to try and get my dual citizenship. I was reading the guide to naturalization and it says that when you apply to become a US citizen, you have to denounce all other allegiances to foreign countries, I heard of people being dual citizens, does this mean I have to give up my canadian citizenship? Canada allows you to have dual, so is it only americans obtaining canadian citizenship? or when its the other way around, do the americans make you give up the canadian? I might as well pack up and head home cause I wont give it up. Does anyone know about this?

Technically the US does not recognize "dual" citizenships. You must say in the oath that you renounce any other country you may be a national of, However, Canada does not recognized that oath, so you can keep your Canadian citizenship. When you travel, if you go back to Canada, you should enter with your Canadian passport, when you come back to the US, you should enter with your US passport.

In order to officially renounce Canadian citizenship, one must go to Ottawa (or a Canadian consul office in whichever country they're living) and fill out a bunch of paperwork and pay fees and a bunch of other stuff.

There are pros and cons to getting US citizenship, and you should probably figure them all out before you decide to submitt the N-400 application. The oath is only part of it.

Fiance visa takes longer than 3 months in 99.99% of the time (check out visajourney.com (VJ)as reba suggested)

We used a lawyer, what a WASTE of $$$$$. again VJ pretty much answers 99.99% of the questions. And no I don't make any $$ of of VJ!! We spent $2500 on a lawyer (plus filing costs) and really in straight forward cases, lawyers do not do much more than proof read ur application! Save the $$ and use it for a holiday.

And one CAN visit during the process, many of us have gone this route, again check out VJ,lol We even have our own Cdn forum. I traveled monthly to DC and never had a problem! very few have much problems, but yes some do get denied, mainly because they didn't have any proof of ties to canada!