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

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 en...

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Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

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madforit
New Member

Joined: 04 Jun 2008
Posts: 3
Location: Toronto

Posted: Wed Jun 04, 2008 7:26 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.

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1112
Location: Calgary

Posted: Wed Jun 04, 2008 9:04 am

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

http://travel.state.gov/visa/immigrants/types/types_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.
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Steve.

madforit
New Member

Joined: 04 Jun 2008
Posts: 3
Location: Toronto

Posted: Wed Jun 04, 2008 9:12 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?

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1112
Location: Calgary

Posted: Wed Jun 04, 2008 9:19 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.
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Steve.

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 1172
Location: North Carolina

Posted: Thu Jun 05, 2008 3:18 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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madforit
New Member

Joined: 04 Jun 2008
Posts: 3
Location: Toronto

Posted: Thu Jun 05, 2008 3:56 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.

flames9
Senior Member

Joined: 08 Mar 2007
Posts: 105
Location: Falls Church VA

Posted: Thu Jun 05, 2008 12:59 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.php?aut...&page=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!
Cool

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

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1112
Location: Calgary

Posted: Thu Jun 05, 2008 1:21 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.
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Steve.