Canadian with US Boyfriend & future husband

[Montrealmaria]

Hello, this is my first time here and posting.

I am in a serious relationship with an American man whom I will marry by the end of 2009.

I'd like to know what is the maximum amount of time I can travel to the US before marriage as a boyfriend/girlfriend status, what to say at the border in regards to who I am going to see and for how long? I would also like to know what my status would be if I do become engaged to him?

Finally, what happens when we get married? Do I need to fill out paperwork in the US? Am I limited to staying in the US for years prior to returning to Canada for visits? We will be living and working in the US, not Canada>

Thank you,

Maria

[Steven]

You can go in as a regular B-2 visitor for up to six months, sometimes CBP do get iffy if they find out if you have a US boyfriend but there's no legal reason why you can't visit a US boyfriend, you just need to be able to convince them that you're coming back (proof you have a job in Canada would be a good idea).

Immigration consultants will tell you to simply get married while you're visiting him and then have him file an I-485/I-765/I-864 for you to adjust status to permanent resident.

Legally this is a bit dodgy because you entered as a visitor with non-immigrant intent and if the USCIS person who reviews the application is a jobsworth they can deny you depending on what it says in your entry record, because it may sound as though you lied about your reason for entering.

The proper way to do it is to apply for a K-1 or K-3 visa or he sponsors you on an I-130.

The fastest method is to get married and he sponsors you using an I-130. K-3 visas take longer and it's a more expensive route. I-130s take less than a year.

Go and visit http://www.visajourney.com

[Montrealmaria]

Thank you, but is it not normal to a customs official that becoming engaged is a surprise most of the time and that you cannot know ahead of time that your boyfriend intends on asking you while you're there?

Just a thought. Your advice is helpful. Thanks!

[Steven]

Certainly if you enter the US as a visitor and completely out of the blue your boyfriend surprises you with a proposal of marriage then you can apply for adjustment of status and this is the argument that people usually use.

However this is why CBP generally asks you what the purpose of your visit is and if you say: "visiting my boyfriend" they usually ask you some follow-up questions to establish your non-immigrant intent.

Really it boils down to what the USCIS person thinks who reviews your application, based on what the CBP officer puts down in your entry record.

Plenty of people have entered as visitors and applied for AOS after getting married, however it's a more dicey proposition than applying for a K-3 visa or being sponsored on I-130 because you may simply get a USCIS official who is in a bad mood that day and thinks you intentionally lied about visiting.

It's usually not a problem with Canadians but with other nationalities who enter on an actual B-2 visa they do get uppity about it (because you lied to a consular officer), and there's no distinction in law, but in reality there is because Canadians don't need a visa to visit.

A lot of people do it but it's not something I would recommend. Immigration consultants recommend it, but at the end of the day they're after your money and they get it even if you are denied AOS.

[Reba]

More info for you at http://www.visajourney.com

[wenders22]

This is all very useful information as I have been wondering the same things myself. I currently engaged to an American and want to go to the United States to marry him. We were advised to do so by an immigration lawyer since is less time consuming, less red tape, prevents us from being separated and is less costly, but as mentioned, i am worried about the interview/application approval if they see that I have been visting him every month for over a year and then i end up staying to get married without mentioning it at the time of entry. It is tough because it is not illegal to do this, but you are also obligated to be honest about your intentions when enterin the USA, which i always have been, but if you tell immigration that you are going to get married they will deny entry and instruct you to fill out a fiance visa application which will prevent you from visiting one another until it is approved which could take months or even years?!?!. Does immigration really make a note in some sort of database as to the reason you are entering, when you entered, when you plan to return to Canada and how long you were gone? Also, if we have been engaged for several months and in my interview I state that on my last visit he just proposed and we decided to marry right away, will they want proof of when the ring was purchased and etc. as well? I don't mean to be paranoid, but I really want to do this and soon and want to avoid any problems but would like to try to be as upfront as possible. Another concern I have is when I travel by car to Seattle for example, and then fly from there to go visit him, they get suspicious because I am by myself and with my car. I plan to drive down on my next visit but fear that if they see my luggage and I don't have a plane ticket and will be driving all the way to the midwest to visit my boyfriend that it will certainly raise some red flags there. Does anyone have any experience in this type of situation? Any information would be greatly appreciated. Oh and I must mention too that since I am planning to return to the united states promptly, I no longer have a job. Sorry for the long post, but as many of you probably can agree, there are a lot of questions around this type of situation which are critical in enabling a successful outcome. Thanks so much!!!

[Steven]

Does immigration really make a note in some sort of database as to the reason you are entering, when you entered, when you plan to return to Canada and how long you were gone?

Starting in October they started to use the same entry system for Canadian visitors as for everyone else, so yes they do keep a detailed entry record (for 75 years) and if they questioned you about your reasons for entering and so on they do make notes of it. If you said "hey I'm coming back next week" there is a reasonable chance the CBP officer has put that in there. If they are really suspicious usually they will require you to fill in an I-94 (arrival/departure record) and time limit it to whatever time period you said you wanted to enter for.

However they don't yet keep a record of when you left if they didn't issue you an I-94, unless you have one of the new NEXUS cards and the POE you exit by has the new RFID equipment in place.

This is why I am dubious about the advice immigration consultants give about entering as a visitor then applying for AOS. The situation now is not the same as it was a few months ago. And in a few months time the situation will not be the same as it is now.

Also, if we have been engaged for several months and in my interview I state that on my last visit he just proposed and we decided to marry right away, will they want proof of when the ring was purchased and etc. as well?

It depends on who you get at the interview and how much of a jobsworth they are and it also depends on whether they take issue with the fact that you entered as a visitor (which they may not even be bothered about). Plus now as explained above they will have more information to hand as to what you said at the POE.

I wouldn't worry too much about how far you're planning on driving, I see cars with Florida plates for example at Sweetgrass POE all the time. The only thing that's relevant is whether you can convince them you have non-immigrant intent. Not having a job might be a problem if you then tell them you're visiting your boyfriend.

I did have that situation myself a few months back, the CBP officer was absolutely convinced I was going to visit a girlfriend (even though I wasn't) and I think if I hadn't been able to convince her I had a job in Canada I was coming back to I would have been in trouble.

If you're taking your car in permanently you also need to formally import it in order to be able to swap the title over and get it registered in the US. Obviously if you say you want to import your car to the CBP officer that's going to be a tip off that you plan to stay!

[wenders22]

Steve, thank you so much. You have provided some very useful information.

You know, each time I have entered the United States to visit my fiance I have told them that I was going to visit my boyfriend and responses have ranged from have a great trip to are you going to get married? If you are saying that they may or may not, depending on the CBP officer, document my reasons for going, I suppose it is important to figure that out first since it could come back and haunt me in getting approved, but not necessarily. I guess it is all very subjective and different for each case. Which further complicates things.

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?

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.

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?

Thanks again so much for any info you can provide. I am new to this site and this whole process really, and think it is so helpful and fantastic!!!



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...