Canadian to marry US citizen during a visit to the US-several questions.?

Question

Hello,

Background info:

My fiance (US citizen, living in US) and I (Canadian Citizen, living in Canada) intend to get married this winter. I am a student in Canada and intend to return to Canada (alone, leave him in the US) after we get married. We are aiming to have the ceremony January 16, 08. I will have to stay in Canada in school at least until May 2008.

here are my questions:

1. Am I allowed to enter the US as a visitor if I intend to marry someone during my visit, if I prove that I intend to return after the planned duration of the visit?

2. If I return to Canada, and my boyfriend (or husband then) files the I 130 and the affidavit of support form (think its I 864?) it is my understanding that I am not allowed to return to the US as a visitor until the petition is approved and I am assigned a immigrant visa number....(according to the wait times...about 6 mos+ after they receive the form) is that correct?

am I on the right track with my thinking here? any advice

Answer 1

You're on the right track in your thinking.

An alien coming to marry a U.S. citizen or lawful permanent resident with the intent to return to a residence abroad soon after the marriage is one of the many activities in which a visitor can participate.

Of course, the inspecting officer is going to place the burden of proof on you when he tries to determine your eligibility to enter as a visitor.

You have to admit, showing up in a wedding gown or with one in your luggage isn't typical of visitors. Qualifications for admission as a visitor include:

Have a residence in a foreign country which the alien does not intend to abandon.

The applicant intends to enter the U.S. for a temporary visit.

Will engage in legitimate activities relating to pleasure.

Has made financial arrangements to carry out the purpose of the visit to, and departure from, the United States.

The inspector should start every inspection doubting the applicant. That's how they're trained. So be prepared to be doubted.

You should bring whatever you can to erase that doubt. Bring any and all evidence that you will return to Canada soon after the wedding.

Bring your school schedule, proof of employment, lease agreements, cards showing you have a dentist appointment in April, anything that shows that you haven't disconnected from your life in Canada.

Try to demonstrate that you'd be "stupid" not to return to Canada, i.e., that what's going on in your life in Canada calls for your return, that not returning to Canada just wouldn't make any sense notwithstanding the fact that you're going to be separated from your new spouse (another atypical desire).

As for the immigrant visa, work on it at a consulate in Canada. I could go on about that, but I'm running out of space.

Answer 2

To answer your first question - YES.
Think about the number of "international" visitors that get married each year in Las Vegas (or Niagara Falls)!

You should certainly be sure that you can prove you intend to return to Canada, though, if you're coming on a visitor's visa (which doesn't really exist for a Canadian coming to the US, but you know what I mean).

To answer the second question: hmmm.
The I-130 is the "Petition for Alien Relative", which includes spouses. The petition must be filed by your relative (spouse), along with proof of your relationship (marriage certificate). The petition must also be approved by USCIS.

As part of the petition, your sponsor (spouse) must meet two criteria by providing proof. These proofs are:
- - that he is a citizen or lawful permanent resident of the US.
- - that he can support you at a level equivalent to 125% of the mandated poverty line (This is by an "Affidavit of Support", Form I-864).

The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, DO NOT have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available.

The not having to wait is a good thing, from your perspective, since the current "wait times" for obtaining an immigrant visa number is in the 16-18 months range and increasing...

Answer 3

Hey be careful with this -
you should ask this on www.immigrate2us.net
People on yahoo answers aren't gonna help you really..
I am doing the I-130 right now..