Cross the border to marry a U.S citizen and work?

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goodmapleleafNew Member
Topic author
Posts: 6
Joined: 21 May 2007
Location: Toronto

Cross the border to marry a U.S citizen and work?

Post Mon May 21, 2007 5:27 am

Hello everyone, please help and give an answer to my question so that I can make a right decision:

I am a Canadian citizen. Can I just cross the border and marry my American fiance and stay there and find a job? If I get a job offer while I stay there, do I still need to come back to Canada and get a TN at the border in order to work in the states?

Thanks a lot in advance for the help.
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oohmercymeModeratorUser avatar
Posts: 317
Joined: 21 Mar 2004
Location: London, England

Post Mon May 21, 2007 5:46 am

You still need a visa. You can't just marry and move there to live/work.

Here is the link for visas for spouses of US citizens --> http://travel.state.gov/visa/immigrants ... _1315.html

Or you can try the TN visa if you are in one of the designated professions. However, you have to renew that yearly, so if you are plannng to stay in the states it makes sense to obtain a more permanent visa.

In theory, employers should not be offering you a job unless you have permission to work in the states.

Good luck.
Lori
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flames9CanuckAbroad VIP
Posts: 601
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Joined: 8 Mar 2007
Location: Managua Nicaragua

Post Mon May 21, 2007 10:06 am

What ur doing would be illegal! yes one can goto the USA and get married, BUT you have to go back to Canada. Thats what we did, and went the CR-1 process. Going into the USa and KNOWINGLY stay after the marriage is illegal. If you went intio the States and out of nowhere decided to stay that is different. Now how do you or USA immigration prove you knowingly stayed, could be hard to prove, or USA immigeration may care less,lol Prior to submitting the cr-1 paperwork, we consulted with an attorney in DC, and she said for me to just stay now!

There are a couple different "relationship" type of visas:
K1 = fiance visa (not married) Usually the fastest, 6-8 months process, Interview in Either Montreal or Vancouver (vancouver faster) BUT does not come with work authorization, wel I guess it sort of does, but doesn't, one needs an EAD, and not many POE give it out. K1 is a ONE time entry visa, u get married, then Adjust of status (AOS)I bel;ive u can't leave the USA until AOS is approved, which takes awhile. But u can file for Advance parole (AP)

K3 = marriage baswed, but no work authorization, but multiple entry. Usually quicker than cr-1, but no work authorization

CR-1 = Multiple entry, and work authorization right away! Soemtimes takes longer than K3 (but Mtl is soo backed up, its probably quicker) Only place for the CR-1 interview for al lof Cnada is Montreal

Good palce to find info on the K1, K3, cr-1 visa is visajourney.com Free site, check out the stickies on the top of each forum. Even examples of filled out forms, and step by step on the process! fastest route still takes around 6 months or soo. Best of luck
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goodmapleleafNew Member
Topic author
Posts: 6
Joined: 21 May 2007
Location: Toronto

What If I get married in Canada and then move...

Post Mon May 21, 2007 11:59 am

Thank you all very much for the replies.

We applied for K1 visa last July. It's almost one year and the case is still pending due to background check. It seems the background check is never going to end. We have been apart for 3 years and just don't want to wait and go over any of those procedures any more.

Another question: What if my fiance and I get married in Canada and then I cross the border and stay in the states and apply for adjustment of status? Is it legal or illegal that way?

Appreciate your help.
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flames9CanuckAbroad VIP
Posts: 601
Topics: 1
Joined: 8 Mar 2007
Location: Managua Nicaragua

Post Mon May 21, 2007 12:56 pm

Since you have already applied for a K1 they already know you,lol And if you just got up and mioved to the USA,that would be a huge no no, as one can not knowingly goto the USA and stay, which is what ur now saying. have you visited visajourney.com lots of info there--all legal of course,lol

Prior to my wife and I strated our cr-1 visa journey, we had a free consult in DC with an attorney. She told us for me to stay in the USa, get married and Adjust of status (AOS) which i could not, beecause I was in the Cdn Armed Forces at the time. Doing that way is a bit tricky, tad on the shady side, but if one enetered the USA and at that time had no intention of staying, then did, that would be ok. But with you already filing a K1, I would think, put an end to that,as you do have the intention of staying. As a canuck, you could stay in the USa for 6 months a year as a tourist, just can't work. have you contacted USa immigration. Better yet, get the USA spouse to contact his congressperson to get the ball moving. Explain the whole situation to him/her. People on visajourney have had success with that approach. Doernt hurt to try.
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Reba

Post Tue May 22, 2007 4:19 am

If you marry in Canada you are not eligible to adjust status in the US. It would be highly UNlikely that they'd even let you enter the country, considering the status of your current K1 application.

Wait it out is your best option. Pain in the ass yes, but in the long run, your best bet.
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goodmapleleafNew Member
Topic author
Posts: 6
Joined: 21 May 2007
Location: Toronto

Thank you all guys! I appreciate your help.

Post Tue May 22, 2007 10:55 am

You are right Reba. I guess I have to wait patiently for the K1 visa result.

Thanks a lot.
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flames9CanuckAbroad VIP
Posts: 601
Topics: 1
Joined: 8 Mar 2007
Location: Managua Nicaragua

Post Tue May 22, 2007 12:10 pm

One can stil visit the USA while the K1 is in process. I visited my wife monthly whil eour CR-1 was in process. Many visit and have no problems, and yes soem do get denied, but many that do get denied entry, is becuase they did not bring any ties to Canada with them ( lease, letter from employer, etc) Just be honest, and answer their questions, but dont blab away,lol
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goodmapleleafNew Member
Topic author
Posts: 6
Joined: 21 May 2007
Location: Toronto

Thanks Flames

Post Tue May 22, 2007 4:23 pm

Your experience really encourages me,Flames8. That's going to be much better if I can still visit while the K-1 is in process. BTW, Did you get married in the states or in Canada?
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flames9CanuckAbroad VIP
Posts: 601
Topics: 1
Joined: 8 Mar 2007
Location: Managua Nicaragua

Post Tue May 22, 2007 5:05 pm

I got married in the USA, then came back and we started the cr-1 process. Just did a courthouse wedding,lol Then later on did the unofficial family wedding. it looked real, but was not,lol.

I had no prblems crossing into the USA. Always be honest! But don tadd to their questions if you know what i mean! Dont bring lots of luggae,lol or job resumes. Be confident, look them in their eyes when answering. They are looking for people lying,etc. If your honest, all should go well. bring any of your K1 immigration paperwork with you. Never volunteer that, unless they want to see eveidence.

They would ask me, business or pleasure? i would say pleasure and returning on such a such date. If they asked I was seing a girlfriend or wife i would say yes, and i would be returning on such a date. just tell the truth! If you do get denied entry and you tel lthe truth, no big deal, but if you LIE, well things could be all downhill. Read a few stories on Visajourney where people where denied entry (not enough ties to Canada) and when it came time for the Immigration interview, it did not hamper thier application. Always tell the truth,lol

With your k1, you HAVE TO get married in the USA! No if and or buts! And it is a ONE time entry! You can't just activate the visa, and decide, next day you want to go back to Canada. I'm sure you already know that though! Lots of good info on K1 visas on visjourney.com Best of luck
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