(Closed) Question for Canadian's marrying in the States?

posted 5 years ago in Legal
Post # 3
Member
2250 posts
Buzzing bee
  • Wedding: August 2010

@JDChood:  I’m sorry, I don’t really have any details, but I wanted to let you know that one of my university roommates married an American last year, and moved to the States with him later. It was NOT an easy process… they ended up having to spend an entire year after their wedding living in separate countries. They were married Nov. 19, 2011, and on Nov. 19, 2012 they were finally able to have their interview as the last part of the process of her becoming a joint citizen.

If I were you I would try to call someone from the Canadian gov’t (or even the American gov’t, it shouldn’t matter) and have them lay out the process to you. My friends were married in Canada, and as far as I know that part went really smoothly and wasn’t all that difficult. It was what came after that put a serious strain on a newlywed relationship, despite the fact that they had been living in separate countries for most of their relationship.

Post # 4
Member
894 posts
Busy bee
  • Wedding: December 2012

@JDChood:  first of all YOU WILL NEED A FIANCEE VISA!!!!

You need to plan everything and then you will need betweein 2 to 3 months to get your Fiancee visa. it is illegal to enter the united states as a tourist and get married to an america without it. It is considered immigration fraud.

If you need more help please PM and I will help you all the way.

To become an American Citizen first you will need to change your status from Fiancee to Permanent Resident. For this you will get a green card. Then after many many many years of living in the US you can apply for citizenship.

If you get married in Canada it is a lot easier because he doesnt need a visa.

You will need to get your marriage License Apostilled and he will have to bring it to ontario us consulate and start from there.

 

Post # 5
Member
1671 posts
Bumble bee
  • Wedding: October 2014 - Church

@JDChood:  One of my friends is getting married in NY this September. He and his partner are going to City Hall to get married there for the legal stuff to be taken care of and are still doing a ceremony when we are in NY. In some ways it’s just easier. That being said, not sure what you need to get married in the States. Usually you can ask a travel agent. I would just contact the authority that does marriage licenses in that state to find out exactly (they probably have an email or phone number on a website)

Post # 7
Member
1471 posts
Bumble bee
  • Wedding: November 2013

@bbfyso:  If she is coming, getting married, and leaving again, I’m not sure if she does need a fiance visa. I thought the illegality would be if she came on an ESTA (tourist visa waiver), got married and then tried to do an adjustment of status for immigration purposes? Because, for example, Hawaii is a popular destination wedding location for a number of Japanese couples. I could be wrong about this though, OP, so don’t take it as gospel.

Also, 2 or 3 months would be a dream (Unless they have both lived in Canada for over 6 months and Canada allows direct consular filing – then it is still probably too short, but only by a little). We’ve recently recieved NOA2, 8 months after we sent the first set of visa paperwork away. This is a common scenario at the moment, dependent on the service center you get processed through (California or Vermont), and you don’t choose this. From the USCIS website, California is officially processing 18 July 2012 filers, and Vermont has a timeframe of 5 months. We expect about another 3 months of processing on the Japanese end until we get our interview, and potentially more processing after our interview.

Post # 8
Member
894 posts
Busy bee
  • Wedding: December 2012

@JDChood:  you still need a fiancee visa. It will make everything easier. 

Because you are marrying an american. You can be both canadian and american both citizenships allow for you to be both. 

Once you are married you can go back to canada and wait for your greencard

Post # 9
Member
894 posts
Busy bee
  • Wedding: December 2012

@farawayviolet:  the same rules dont apply. If you are both not american  an Esta b1 b2 are more than enough.  if you are marrying an american you need a fiancee visa

Post # 10
Member
9955 posts
Buzzing Beekeeper
  • Wedding: December 2012

First and foremost, I see this is your first topic on WBee… so a BIG Welcome to “the Hive”

The info provided here by the other Bees is correct.

Your original Question and the idea of getting married in the USA with limited requiements ONLY APPLIES to Canadian Citizens who are visiting as Tourists and choose to marry in the USA (such as Mr TTR and I who are BOTH Canadians, but Eloped to Florida over the Christmas Holidays)

In your particular case…

The issue is that in the USA, you would be considered a Non-American marrying an American… (doesn’t matter to them that you are a Canadian Citizen… the same rules applies to everyone).. because Americans take your marriage to mean that you’d probably WANT to “become an American”… then their Government wants a say in your Marriage.  Hence why you ABSOLUTELY MUST HAVE a Fiance Visa to marry there as a Non-American marrying an American.

Department of Homeland Security – US Citizenship and Immigration Services (Fiance Visas) = http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD

In Canada, we have a “friendly” relationship with many countries, including the USA when it comes to Marriage and “possible” immigration (same goes for the UK… and I believe Australia as well)… lol, this is because we see Citizens from these countries as “desirable” immigrants to our country (in that we all have a lot in common I suppose… language, education, etc)

So, one doesn’t require a Visa to visit Canada from the USA, not even to marry here (ONLY if one wants to go to school here, work here, or live here full-time)

So you guys getting married here will be a lot easier than in the USA.  And I mean A LOT Easier !!

And as you’d already be married, going thru the US Immigration cycle for you to live in the USA with a Green Card as a Canadian (a highly desireable country to immigrate from to the US) the hold-up shouldn’t be a lengthy one

Instead of your going back and forth to the USA… you guys should be looking at his going back and forth to Canada (also means that if he wanted he could qualify for Canadian Citizenship and all the great things we have up here, like FREE Healthcare once you guys are married, if he chose to live here)

You are right about your Visitor Status in the USA in regards to Canada Health Care.  As a general rule of thumb, you have to live in / be in your Province 6 Months Plus 1 Day (183 Days) annually to be considered a resident, and therefore qualify for national health care (as delivered by your Province of Residence).  The clock runs from Jan 1st to December 31st.  And visits outside of your own Province to other Provinces / Territories in Canada… also count against that number (something to be aware of).

As a Canadian Tourist (no Visa Required) to the USA, you can visit UP TO 6 months less a day annually (at the discretion / determination of the US Customs, Border & Immigration folks)… in that you have to be able to prove that you spend more time in Canada (your country of residence) than you do abroad.

For more info on this subject (well written article) check out this website = http://travelinsurancefile.com/headlines/how-long-can-a-canadian-snowbird-stay-out-of-the-country/

Additional info also available on the following Websites:

Canadian Border Services Agency (CBSA) = http://www.cbsa-asfc.gc.ca/menu-eng.html

and

US Customs & Border Protection (CBP) = http://www.cbp.gov/

Hope this helps,

 

Post # 11
Member
894 posts
Busy bee
  • Wedding: December 2012

@This Time Round:  Yes this is true however if she gets married on a tourist visa. Us immigration departement will consider she lied when she came into the country ” What is the purpose of your visit ” “tourism” and ” getting married” is not the same thing.

You need a K visa Honey 

Canada and Us have great relations like you said and she will get her visa in no time. So why spend countless hours of unessesary paper work in order to avoid a visa that will make every single thing easier….afther that you can apply for your Immigrant visa for a Spouse IR1 or CR1.

Unwanted trouble. Go by the rules. It will be shorter time frame.

 

Post # 12
Member
9955 posts
Buzzing Beekeeper
  • Wedding: December 2012

PS…

In either case, you can expect that both the US and Canada Immigration process, will have a waiting period before you guys are determined to be full residents in the other’s country.  If you sponsor him to come to Canada that can be somewhere in the 6 to 12 month range… if he sponsors you to come to the USA, it can take a year or longer.

So even if you get married in Canada (easier than in the USA)… you are probably still going to be looking at a long time where you guys won’t be able to be in the same place (country) with each other 24/7×365

And your “visiting” time to the other country will mean the clock is running (re: Tourist visiting limitations annually) and the non-resident can’t work, go to school, etc.  Unless they manage to get a visa to do so.

Hope this helps,

 

Post # 13
Member
9955 posts
Buzzing Beekeeper
  • Wedding: December 2012

TO @bbfyso:  oh I totally agree

I never advised her to lie etc. 

(and YES it can be considered a criminal offence to do so… never mind that one could be marked an “undesirable” and not allowed in the country EVER AGAIN that one is seeking to visit)

Lol, I know enough about Canadian & US Immigration from my career, to know that those are the folks YOU NEVER lie to / cross.  They can f-up your life big time !!

PS… Just so as to not make things any more confusing (for clarity).  As Canadians we don’t get Tourist Visas (I-94s) to visit the USA… we come in on the “invisible paperwork”… that just our Canadian Passports provide… only country as far as I know to do so. 

Which is no doubt one of the reasons that the Original Question like this OP had comes up… without a whole lot of paperwork to visit the USA (or for Americans to visit Canada), many assume that things are “the same” on both sides of the Border.  They aren’t !!

We are very very much two very different countries.

 

Post # 14
Member
1471 posts
Bumble bee
  • Wedding: November 2013

@JDChood:  For more details/ questions, check out the visa journey forums. They are more than helpful there! Best of luck!

Post # 16
Member
9955 posts
Buzzing Beekeeper
  • Wedding: December 2012

TO @JDChood:  Yes you can end up being a US Resident, with a Green Card (able to work etc) and still maintain / keep your Canadian Citizenship.

Dual Citizenship is also possible… but it can come with a lot more obligations (ie tax requirements)

Whatever you choose you’ll want to weigh the Pros & Cons … and there can be cons to both scenarios (personally I’d never give up my Canadian Citizenship for anyone)

Hope this helps,

 

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