CDNC entering US to marry USC, plan to return to Canada

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madforitNew Member
Topic author
Posts: 3
Joined: 4 Jun 2008
Location: Toronto

CDNC entering US to marry USC, plan to return to Canada

Post Wed Jun 04, 2008 8:26 am

I apologize if this is a common question or is answered elsewhere, please direct me to the answer if so.

I am a Canadian citizen, going to the US to marry a US citizen in September 08. I plan to enter the US to marry my fiance in Massachusetts, and then return to Canada after the honeymoon, and file whatever paperwork to get her up here legally while she stays in the US.

My questions are:
- Can I enter the US without any special paperwork with the intent to marry?
- What kind of proof would be sufficient to prove that I am not planning to settle in the US after the marriage? (I'm a grad student currently, but may be graduated and unemployed by the marriage date.)

Thanks in advance.
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StevenCanuckAbroad VIP
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Joined: 28 Sep 2007
Location: Calgary

Post Wed Jun 04, 2008 10:04 am

You need a K-1 visa to enter to marry.

http://travel.state.gov/visa/immigrants ... _2994.html

It seems to me from watching the news that a lot of US-Canadian marriages are done in third countries, e.g. in the Caribbean to avoid all this hassle on either end.
Steve.
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madforitNew Member
Topic author
Posts: 3
Joined: 4 Jun 2008
Location: Toronto

Post Wed Jun 04, 2008 10:12 am

I checked that link for the K-1, and it says:

If you are an American citizen and you want your foreign fiancé(e) to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiancé(e) in the United States.

Note the ". and live in the US". I'm not planning to live in the US, does that change things? This process above seems to be for those that want to marry AND live in the states.

Can anyone confirm?
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StevenCanuckAbroad VIP
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Joined: 28 Sep 2007
Location: Calgary

Post Wed Jun 04, 2008 10:19 am

The problem is that there is no category just to go there and marry. B-2 is the closest, but if you tell CBP at the border you're entering to marry you will get turned down.

How my friend in BC did it was to do all the legal stuff and get the marriage certificate in Canada, then they did the ceremony in the US.
Steve.
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Post Thu Jun 05, 2008 4:18 am

If you do not plan to stay in the US you do not need any sort of visa to get married on US soil. All you need is proof that you do not plan to stay. Like a job, home and bills to pay back home in Canada. Also, the fact that you plan to sponsor your wife to move to Canada will work nicely. Bring evidence of all that stuff with you and you should be ok.
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madforitNew Member
Topic author
Posts: 3
Joined: 4 Jun 2008
Location: Toronto

Post Thu Jun 05, 2008 4:56 am

Well I called the us consulate and reba is correct, however, I am a recent grad looking for work and I will likely not have a job by the marriage date, nor do I own property (living at home). Those are the two things they said would help my case, and neither apply to me.

When I told them my situation they turtled and did not give me any viable alternative ways to prove I am returning to canada. They gave me the number of the border patrol to inquire further, but they were less than helpful (I'm sure we've all dealt with them) and said that beyond job/house ties, there isn't much else, and to 'plead my case in person'. I.e. risk not being able to attend my own wedding.

Does anyone have ideas on building evidence of ties to canada? All I can think of are: phone bills, emails sent to potential employers in canada, and the paperwork that says my car rental needs to be back in canada. All of these are pretty weak ties on paper.
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flames9CanuckAbroad VIP
Posts: 542
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Joined: 8 Mar 2007
Location: Managua Nicaragua

Post Thu Jun 05, 2008 1:59 pm

Howdy! we originally were going to do a big family wedding in Sept 2004, BUT decided to do a court house wedding on our next visit (March 2004) and then start the CR-1 process. Lots of info on http://www.visajourney.com/forums/ with regards to k1, k3, cr-1 visas http://www.visajourney.com/forums/index ... ge=compare

Now would I tell the POE dude i was going tothe USA to Marry? NO! Unless he asked of course, but I never volunteer info, unless asked. I kept my answers short and to the point and NEVER lied!, my advice, and its only advice, so it aint worth much,lol. I traveled monthly to DC and i never had a problem, but thats only my experience!

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!
8) 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

Best of luck
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StevenCanuckAbroad VIP
Posts: 3635
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Joined: 28 Sep 2007
Location: Calgary

Post Thu Jun 05, 2008 2:21 pm

madforit wrote:Well I called the us consulate and reba is correct, however, I am a recent grad looking for work and I will likely not have a job by the marriage date, nor do I own property (living at home). Those are the two things they said would help my case, and neither apply to me.


My friend was in a similar situation, like I said, she did all the legal stuff in Canada. Is it that big of a deal to do the ceremony then come back to Canada to do the legal bit? Or do the legal bit then have the ceremony? Because then at the border you can say: "I'm going into the US to meet up with my girlfriend who is going to come back to Canada with me to marry me, and here is a copy of our appointment at the registry office in Canada." Which is truthful.

But even then she's got a similar problem in reverse, but if you plan on residing in Canada you've got to sponsor her anyway.
Steve.
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Post Thu Jun 05, 2008 5:43 pm

Are you still registered at school and expected to be attending classes after your wedding date? Bring evidence of that.

Get a lease form from Grand & Toy, fill it out with your parents as your landlord, boom, you have a legally binding lease to return to.

Get a part-time job for the duration, and a letter from your employer stating you are on approved vacation leave and expected back on such n such date.

Just about anything can be used as proof of ties, not just jobs and mortgages. If you have obligations that are not easily abandoned without personal financial hardship (ie: paid tuitions, rent due etc) these will help.

Plus, letting them know that your future wife intends to immigrate to Canada and that you will be sponsoring her will definitely help. Fill out some of the paperwork in advance, take it with you and tell them you're taking it so you can complete it directly after the wedding and send it in asap.

In 2001 after 2 years of dating I went to the US with intent to be married, and no intent to stay (at the time my husband planned to move to Canada, that didn't work out :p ) When asked the purpose of my visit, I told them I was taking a very quick vacation to see my fiance. When they asked when did we plan on getting married and where were we going to live, I said "soon, and he's moving to Canada as soon as the paperwork is done". They waved me through and said have a nice trip.

Either way, it really is a crap shoot. Just be prepared, be polite, and be truthful, but don't run off at the mouth. ;) And if you've got a tuxedo in your carry on, don't lie and tell them you're going to a costume party as James Bond. :D
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