I want to marry my Canadian girlfriend!

I am in California, she is in Vancouver and we want to get married. Her lease is up in June but can move sooner, she doesn't need to work here right away as I can support her. What is the best legal way to do this? We really would like to be together now.
Can she just come to visit ( I know she can stay up to six months) and during that time we do a quick civil/legal ceremony then start the process of getting her a green card etc? How long will that take? Will she be able to go back and forth to Canada to visit family while that is happening? The fiancee visa seems to be an option but even if we went that route does she have to stay in Canada for the next 6ish months?
Eventually we would like to have a nice wedding ceremony in Toronto as most of our family and friends are on the East coast ( I am from Massachusetts). Does that complicate things?
Thank you in advance for your help...

Barry

visajourney.com

http://www.visajourney.com/content/compare



read the k1, cr-1 forums!!

1 can NOT come into the USA with the INTENTION to stay!! If you don't believe me, just tell the POE officer. Yes many go this route--they keep the "details" to them-self, thats alI will say about that!! they go the AOS route

k1 process takes around 6, the process seems to be getting a bit faster, as some of the process has gone electronic as of late. And yes 1 can stil visit, BUT it is up to the port of entry (POE) officer. Most have no problems. ALWAYS have evidence that 1 is returning to canada (letter from employer, return airfare, lease agreement,etc)

when going thru the POE:
Canadians Visiting the USA while undergoing the visa process, my free advice:
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, don't 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 isn't 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 didn't lie! Refer to #1

if one does AOS--one has to be married--and do NOT leave the USA until u have the greencard or advance parole (AP) The leaving the USA is NOT the problem--it is getting back in!!

check out VJ!!

Hello,
I am Canadian citizen (female) about to marry a US citizen and have been travelling across the border visiting my fiance for the last 3 years , once or twice a month and staying weekends or up to a week most times.Never once been seriously questioned,harassed,asked to step out vehicle Nadda.(inform officer I am visiting bf everytime!)

Okay, so I have searched the internet high and low to find Canadians who were denied or banned from the US for entering at the border as a visitor with plans of getting married to American, and then staying and filing AOS as spouse of an American. Seems most people get through the greencard interview regardless, if the marriage is legit an there are no other issues, that is.

It appears to me that most Canadians who have been going back and forward to the USA to visit a boyfriend/fiance/spouse, end up AOS successfully since their marriage ends up being a legitimate marriage. Seems that INS focuses more on if you overstayed, or have commited marriage fraud.

Yeah Yeah Yeah people keep talking about visa fraud because of your intents to stay in USA, you need to stay in Canada and file K1, Cr1 and wait, but I have not seen one person say they have been rejected for not doing such.

I am looking for feedback from others who took this route... either was banned/rejected and had to move back to Canada OR who completed this method successfully within the last 6 Months preferbly.

Thanks.

Problem is--people who break the law or get the ban dont often come on the interney and tell others and this isnt a very busy site,lol

Up to you what you want to do. I went the CR-1 route back in 2004 and was easy peasy!! Took 6 months back then, now it is longer of course, but the times appear to be getting a tad better.

Its quite simple--yes many goto the USA, get married and AOS and are Successful! Too easy!! BUT to KNOWINGLY do that and get caught and you get banned, well, whats the saying--u made the bed, now sleep in it?? lol Just saying, I personally could care less how people get into the country thery want to. I slept peacefully throughout the whole process, could leave the USA when I wanted to, etc etc!! Just saying,lol And yes their have been a few # on VJ that just went the AOS and was succewssfully, again I have never seen anyone come on say they got denied. Best of luck

Thanks for the feedback!!

But since Canadians can visit usa for up to 6 months in a year, cant I just come back file cr1 visa then stay in usa for 5-6 months then come back to canada for consular interview or whatever lol?

Sure!!

Many of us on Cdns onVJ (visajourney.com) visited the USA And got married and went the CR-1 route! Stayed for awhile and then returned back to Canada AND continued to visit the USA during the process! I visited the USA monthly will not a problem. BUT it is up to the POE officer! Some like myself had no problems, some get questioned a bit more and some do get denied entry! Just NEVER LIE!! A simple denied entry can lead to a BAN and then ur in for a world of hurt!

Or one does what soem do, just play dumb and visit the USA and then they "decide" to just stay and AOS!! Keep in mind if one goes that route (which many do successfully) one is unable to work in the USA and One can't leave the USA until they get the Green card (not sure how long that is, I think I read on here, it took someone 3 months) or if they apply for it and get it--Advance parole (AP) So if a family members passes away back in Canada, guess ur not going! (Just saying,lol) Problem is not leaving the USA--its the getting back in!!

All the step by step instructions onme needs to do the k1, cr-1,AOS can be found free on VJ.

When one does visit the USA--One wants to have proof of ties to canada! I.E. Letter from employer stating ur expected back on such a date, return airfare, apartment/ lease etc! If they know/expect u have a USA BF/Spouse, the POE May ask u more questions (or not) as he may think ur a higher risk at staying!! I never got hassled or had to show any proof, but many others have!! Cheers

Hi Everyone,

I am a US citizen with a Canadian girlfriend who is currently staying here in the states with me. I have read in the Kurzban Immigration Law book that Canadian visitors with B1 or B2 status can stay in the states for up to one year wthout returning to Canada. We are planning on getting married in the near future and have hired an immigration attorney. The immigration attorney agrees with what the Kurzban Immigration Law book says, unfortunately everywhere else I look including this discussion board all say a Canadian visitor with B1 or B2 status can only stay in the states for 6 months.

Can someone shed some light on this for me please? Why would the Kurzban Law book say one year, but everywhere else says 6 months? Does anyone have any experience with this?

Thanks

....

Two problems
1)If she entered as a toursit, it was B2, and she is only allowed 6 months, and must at all times maintain a foreign residence. B1 is for business vistors and can be granted for 1 year, but is not typically. Anything longer than six months must be specifcally requested and granted when she entered, it's not automatic.
2) More importantly, she must be tourist when in tourist status, which means no intent to immigrate; marrying a US citizen is not a tourist activity.

The fix is to marry, and adjust her status without leaving US. But if the six months has lapsed she cannot adjust since she cannot file an I-485 unless in legal status.

If she has stayed past six months, ask the lawyer how she can file AOS while illegal. Not possible. USCIS knows how long she was admitted (6 months), and will reject her AOS if filed after that date.
If she has been in less than six months, but won't be able to get all this done before the six months expires, her choices are to hop back to canada and try to re-enter (likely to be denied because she is not really a tourist), or, file an I-539 requesting a one-time six-month extension of her B2 status (that is where the one year maximum comes in). Then she will have B2 status for another six months and be legally allowe dto file AOS after you marry.

In any event, she should not go back to Canada at any point during this, until she gets married, and files for adjustment, and gets her paperwork back.

Thanks AGN,

I guess my biggest question is why would the Kurzban Law book specifically state that a B1 or B2 visitor can stay for up to one year WITHOUT any special requests and why would my immigration attorney agree with that? Are they both wrong?