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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
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I am a Canadian looking to move to the united States to

Customer Question

I am a Canadian looking to move to the united States to marry my fiance. How do I do it? Do I have to go with the K-1 visa? I was told but someone in the states due to me being a Canadian and not needed a visa to enter the country. I can just go down there and marry her but I don't know if that is true. Please help.
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Expert James replied 4 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a back and forth conversation. Once you've received the information you need, you can thank me by issuing me a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job, so please do not forget this before leaving the site.

ANSWER: The K-1 fiance visa was created for the exact purpose that you describe. If the purpose of coming to the US is to get married to your fiance, then the right way to do this is to go through the fiance visa process - K1 visa. Otherwise, they never would have created that visa in the first place.

Yes, some Canadians do come to the US as visitors and then get married and apply for adjustment of status to permanent residents. That is OK, but only if they came intending to be visitors, and then later changed their minds and decided to stay after marriage.

But in this scenario that you describe, that is not what is happening. So you should go through the Fiance visa process for a K1 visa. What you decide to do, I cannot control. I can only tell you what the law says and what the appropriate actions and processes are.

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Customer: replied 4 months ago.
Ok but originally I went down as a visitor and then later in my trip decided to propose to her. Does that mean I can go back down and marry her without the K-1 visa? Or did i have to do it at the time?
Customer: replied 4 months ago.
Or did it have to be, I go down and then when I am down there I just propose and get married within the trip? I'm still kinda confused.
Expert:  Expert James replied 4 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a back and forth conversation. Once you've received the information you need, you can thank me by issuing me a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job, so please do not forget this before leaving the site.

QUESTION: Originally I went down as a visitor and then later in my trip decided to propose to her. Does that mean I can go back down and marry her without the K-1 visa?

ANSWER: No. A proposal is not a marriage. You would have had to marry her while you were there, and then apply for adjustment of status.

28 Jul 2016, 3:39 AM

Customer

Or did it have to be, I go down and then when I am down there I just propose and get married within the trip?

ANSWER: Correct.

Now, since your purpose of going to the US is to get married and stay there to live and work, you are supposed to get a K-1 fiance visa because that is the stated purpose of this visa.

Some people take their chances by entering as visitors and getting married and adjusting their status, but I cannot tell you to do that because that would violate my professional responsibility by telling you to circumvent immigration process by not getting a fiance visa, and instead using a visitor status. But what you decide to do only you can decide.

I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

And if you want to talk on the phone for 30 minutes, I can send you an offer for that.

Once you have received an answer, please help me get credit for doing my job, by giving me a positive rating of 3, 4 or 5 stars or any of the smiling faces. You can still ask more questions, even after you’ve given a rating.

A BONUS is also appreciated if you feel I've earned it.

And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 4 months ago.

Hi, I’m just checking in to see how things are going.

I see you have reviewed my answer but I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.

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