Canadian and US intend to marry in Canada (Quebec) and then return to US where girl applies for residency?

Question

Can a US citizen enter Canada as a visitor with the intention of marrying a Canadian, then take the Canadian legally back into the US, and fill out all the forms then?

I think in the US, the foreign national can only enter with the K-1 visa if they intend to marry and stay there.

Alternately if there was no application for a K-1 visa made, upon entering the US, would it would be fraudulent to declare the purpose of your visit a "visit" as opposed to a "wedding" even if I want to return to Canada afterwards?

I have several Canadian friends that married US citizens in Canada and then returned to the US with their new partner, (they are just required to stay in US until their petition is processed) is that shady?

Thanks so much for your help. I think I am getting the hang of how my fiance and I can get married...

Answer 1

It would be 100% fraudulent. When you are asked what the purpose of your trip is, the officer asking the question expects an honest answer, not a misleading one.

An alien who defrauded an immigration officer to gain entry has not "lawfully" entered the U.S.

Section 212(a)(6)(C)(i) of the INA says Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

If you mislead the officer at the border, you will be an alien who procured admission into the U.S. by misrepresenting a material fact. If you gain a benefit by fraud, then later you would need a 212(i) waiver to become an immigrant.

It goes well beyond "shady." 18 USC 1001(a) says:

Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;

shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both.

Why don't you just play by the rules and avoid the consequences of being sorry later?

Answer 2

You can't do it that way. The American needs to come back, alone, and file an I-130 for his Canadian wife in order to get her a K-3 (spouse) visa.

To do what you say your Canadian friends did is to commit fraud. I do not recommend it at all.

Here's how it can be done, legally (as far as the US is concerned). You can come to the US as a visitor. You can get married in the US. You and your American spouse can leave the US and go to Canada. You can get married, again, in Canada (this would be nothing more than reaffirming your vows).

Your American spouse can then come back, alone, and file the I-130 for you while you wait in Canada.

It probably does not violate Canadian law since your wedding in Canada isn't technically a wedding, just a reaffirming of vows, because you'd already be married.

Answer 3

Many people visit other countries to get married on a visitor visa. Nothing illegal or shady about that.