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MustLoveCats

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Jan 24, 2016
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I apologize if this is the wrong place to post but I am having trouble finding the information I'm looking for.

I'm American and my fiance is Canadian. We are getting married next October. I am aware of the K-1 Fiance Visa that would allow him to come to the US and marry in my state (NY). The part I'm confused on is that it states we would file paperwork for him to live here. We have no intention of living together right away. He's working hard at his job to save money for a home for us, and I would still be in graduate school. He would stay for about a week after our wedding then return home. What we have discussed is that he will continue to work and save money. I continue with my education. I live here in the states for an additional year or two, building my resume up for my career and earning money for a home too. Then I will be the one to relocate to Canada when we have reached our savings goal.

What is the proper procedure if we just want to be married in the United States but have no intention on making him an American citizen?
 
Simple. He enters the U.S. as a visitor...you get married and he returns to Canada.

TaDa! It's that simple.
 
Ponga said:
Simple. He enters the U.S. as a visitor...you get married and he returns to Canada.

TaDa! It's that simple.

Really? That IS incredibly simple. I got a little worried because I read that could possibly be visa fraud? But we have no intention of filing for residency so that part didn't make sense to me.
 
When I go and obtain our marriage license in my city will it matter if he's not an American citizen? We just want to make sure everything is legal.
 
MustLoveCats said:
When I go and obtain our marriage license in my city will it matter if he's not an American citizen? We just want to make sure everything is legal.
happens in Vegas all the time! check with your local registry
 
MustLoveCats said:
When I go and obtain our marriage license in my city will it matter if he's not an American citizen? We just want to make sure everything is legal.

there is no problem. all he needs is is passport (And maybe birth certificate - it depends on your state.). There is nothing illegal about going to the US as a visitor to get married and a person doesn't have to be a US citizen to get married in the US. people do it every day, my husband included. He does not need a visa to visit the US. Since he is a Canadian citizen, he is visa exempt.
 
MustLoveCats said:
Really? That IS incredibly simple. I got a little worried because I read that could possibly be visa fraud? But we have no intention of filing for residency so that part didn't make sense to me.

Canadians do not require a visa to enter the U.S., so I don't see how him coming to `visit' you and then getting married, would in any way be seen as fraud. :-\
He should enter with a return ticket (if flying, of course) and be prepared to show ties back to Canada (job, home, bank account(s)), if asked by the CBP officer.

While he should NEVER lie to a border officer, he can choose whether or not to voluntarily disclose the fact that he's coming to get married. If he's traveling with your wedding ring, he's be smart to declare it...and his plans.:)


MustLoveCats said:
When I go and obtain our marriage license in my city will it matter if he's not an American citizen? We just want to make sure everything is legal.

Not at all.
 
Wow. You guys are so nice. Thank you for all this helpful information. That is a BIG relief as both of our families were unfamiliar with the proper protocol as none of us were in this situation before.

We live 2-3 hours away from each other depending on traffic. I'm in Buffalo and he is in the KW area. Our wedding date is Sunday October 1. His plan is to arrive Friday, September 29 and stay until Sunday the 8th. We'll basically celebrate our honeymoon week together in my home.

I don't know if he would bring the ring down or if he would give me it in advance to hold onto. But I was wondering if he should directly tell the border officer he was getting married or just say visiting his girlfriend. I heard stories that when people say when they are getting married, that's when they probe you even more and sometimes deny you entrance.
 
There's really no reason not to disclose his plans, but it's up to him. Personally, I'd tell them and see if they offer congratulations.

Since entry into the U.S. is never guaranteed, unless the person is a U.S. citizen or Green Card holder, he should be prepared to provide evidence that he is NOT abandoning his life in Canada (as mentioned previously). As long as he is not otherwise inadmissible (criminality, for example) and he can satisfy any concerns that the officer might have regarding him staying beyond his authorization to stay, he really shouldn't have any problems, IMHO.

They admit travelers like him every day.
 
They would turn him away at the border if he is vague and shady about how long his stay is or what his plans are... if he says he is leaving on October 8, I can't imagine he'd have a problem. Just in case he can bring proof that he's living and working where he says he is - a lease agreement, or something like that. If they ask a lot of questions he can clarify that the eventual plan is for you, the American, to immigrate to Canada.
 
Those are good ideas. Thank you. He lives with his parents right now for free. That's been a big help in saving money for our future. I'm sure when his family and friends travel down they would declare the reason for their visit as a wedding in Buffalo for the day and returning at night. So maybe the best bet for him is having a letter with the proper company letterhead from his employer (he works at Toyota) stating that they are aware he is taking the work week of October 1st off for his wedding and honeymoon, and will restart work Monday, October 9, 2017. Will that help?
 
MustLoveCats said:
Those are good ideas. Thank you. He lives with his parents right now for free. That's been a big help in saving money for our future. I'm sure when his family and friends travel down they would declare the reason for their visit as a wedding in Buffalo for the day and returning at night. So maybe the best bet for him is having a letter with the proper company letterhead from his employer (he works at Toyota) stating that they are aware he is taking the work week of October 1st off for his wedding and honeymoon, and will restart work Monday, October 9, 2017. Will that help?

Great plan!
 
MustLoveCats said:
Those are good ideas. Thank you. He lives with his parents right now for free. That's been a big help in saving money for our future. I'm sure when his family and friends travel down they would declare the reason for their visit as a wedding in Buffalo for the day and returning at night. So maybe the best bet for him is having a letter with the proper company letterhead from his employer (he works at Toyota) stating that they are aware he is taking the work week of October 1st off for his wedding and honeymoon, and will restart work Monday, October 9, 2017. Will that help?
perfect