Zed

Ok, here's the deal.

I'm a Canadian, my fiancée is an American (Texas). She and I filed for
the K-1 visa in mid September, and have been planning a wedding for
around late June 2004.

I am currently visiting her in Texas, and she and I have decided we
will do anything to be together as soon as possible, including move
her to Canada temporarily.

People say it's risky, but I'd really like to know: How dangerous is
it for me to just marry her right now (Justice of the Peace, likely),
and then tell the INS we're now married?

What are the risks, and how often do they just approve these cases
without complication?

If this can't happen, and we still feel like we feel in another week
from now, then I'm going to help her pack up the car & we'll drive up
to Canada, get married there, and then try to come back here. What's
involved in that? I hear lots about the I-130 Visa, but isn't it a
different situation since she would be living up there with me, not
here in Texas?

And if we do that (marry in Canada, live there while we wait), what
eligiblity requirements will have to be met for us to move to the US?
She obviously won't have a job here by then, which may throw a wrench
in the whole idea.

Please offer your advice. I'm sure there are dozens of you that have
dealt with these same struggles - we would like to make this decision
before my vacation is over (1.5 weeks from now).

Thanks guys.
Ben

James Mars

I am not an attorney but being at the NSC has certainly given me a temptation to try a K3. I did decide to wait it out because I did want to marry too early either. But a K3 may give you a better timeline.

I think there is no legal risk other than invalidating your K1. I think you could withdraw the Visa, marry and then file for a K3 and I think some people have done this. The K3 timeline at the MSC appears to be better than a Texas K1 right now at the TSC so you might be better off time wise.
The K3 really does not involve where you live. It is really in the context of what happens when a US citizen lives aboard in Canada.

I would research it further but look into K1 withdrawl and a K3 Visa.

golfnut

If you marry in the US, you can just apply for an Adjustment of Status. I don't believe the K3 even comes into play (someone correct me if I'm wrong).

James Mars

I don't know. Why would this be different for someone from Western Europe? It does seem possible that their may be a legal risk to coming to the US to immigrate. I would ask one of the lawyers here about doing that.

Aliluv

I think if you marry in the US and stay here there may be a slightly greater chance of them proving you intended to immigrate when entering the US (being as you had a K-1 and all).

I think you should wait for one of the resident experts to come in here and answer.

Also if you have to start the k3 do you pay all the money again or what? Probably.

golfnut

IN my response, I didn't take into account that he had a K1 filed. Aliluv is correct. With a K1 on file, getting married in the US would probably raise some red flags.

Lc

Really quick question - is it really the case that if I went to the US
and married my fiance, I could just get by with AOS? What else would
I have to take into account?

Thanks,

LC

Maryanne Kehoe

    >From: member@british_expats.com >(James=A0Mars)
    >Originally posted by golfnut
    >If you marry in the US, you can just apply for >an Adjustment of
Status. I don't believe the K3 >even comes into play (someone correct me
if >I'm wrong).
    >I don't know. Why would this be different for >someone from Western
Europe? It does seem >possible that their may be a legal risk to >coming
to the US to immigrate. I would ask >one of the lawyers here about doing
that.
    >--
    >Posted via http://britishexpats.com


The legel risk is that if he croses the US border and says to the
Immigration officer "I am here to get married", he could possibly be
denied entry. This is even with the W. Europe countries participating on
Visa Waiver. Canada should be no different.

If he wants to marry NOW, he should marry in Canada and have his wife
file for K-3. Before 9/11 you could have waited it out while you were in
process, but no more.

If you are denied entry at the border, that will most certainly impact
your wife's application for you for K-3.

lpdiver

The CIS may think you came here under false pretenses...talk toa GOOD attorney.

Folinskyinla

Hi:

Refusal of entry at Port of Entry. Denial of the application. Forced removal. Possible criminal charges against both you AND the US fiance.

That's just off the top of my head of what is possible.

Breaking the law is frowned upon. Planning in concert with others is REALLY frowned upon -- its called "conspiracy."

Yes, I know that many people get away with it -- but you asked what COULD happen.

I'm fighting a removal proceeding where client is seeking adjustment of status but the car was pulled over in 1994 when a passenger tossed an empty cigarette package out the window. Client paid a $150 fine and no jail time. It was necessary for him to move from the Midwest to California to have any chance at the good life -- the sun, the weather and the 9th Circuit.

Lc

Gulp - ok - point taken! Let's go the legal route instead!

Thanks for the advice!

LC