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Canadian coming to U.S. to get married and then returning to canada Options · View
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#1 Posted : Sunday, July 26, 2009 1:12:13 PM
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My Fiance is a citizen of Canada and resides there. We will be getting married in the U.S.A, where I live, and then we will go back to Canada after the wedding.
I hold dual canadian and U.S. citizenships, so there should not be any problems with me, however, I'm worried about U.S. immigration not letting my fiance in to the U.S.
Does U.S. immigration give trouble when a noncitizen comes to the country to get married?

Is it better to consult with an immigration lawyer before he comes? Or should he not be worried about it. People keep telling me that he will have trouble. I know he could just say he is coming for vacation (which is half true) when he is at U.S. immigration, but he will be traveling with about 24 other family members, so that might tip the immigration officers off.

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peterbaumann
#2 Posted : Monday, July 27, 2009 10:11:02 AM
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It is legal for your fiance to enter the United States as a visitor, despite the fact that he plans to marry you. He will continue to be a bona fide visitor because he will return to Canada soon after the marriage ceremony.

If your fiance were planning to stay in the United States and apply for permanent residence, then he would have needed to obtain a fiance (K-1) visa. But since he is returning to Canada, there is no need to obtain the fiance classification.

The legal basis for this advice is the U.S. State Department's Foreign Affairs Manual (9 FAM 41.31 Note 14.1-1) The manual indicates that "an alien proceeding to the United States to marry a U.S. citizen is classifiable K-1 as a nonimmigrant...The fiance of a U.S. citizen or law permanent resident may, however, be classified as a B-2 visitor if you (The Consul) are satisfied that the fiance intends to return to a residence abroad soon after marriage."

Canadian citizens are not required to obtain a visa from a U.S. Consul, but the same rules apply. When your fiance enters the United States he should be very clear that his purpose is to be married. He should bring proof of his intentions to return to Canada. Such proof might include a job letter with recent pay stubs, or perhaps proof that he is currently in school if this is the case. If he is flying to the United States, he will of course have a return ticket with a specified date of return.

The decision to permit your fiance to enter the United States is up to the Inspector at the U.S. border. He or she will need to decide if your fiance has sufficiently proven that he plans to return to Canada after the wedding. Your fiance should enter the U.S. early enough so that he will have time to resolve problems should they occur.

I do recommend that you consult with an immigration lawyer before he comes to the United States.

I wish you and your fiance the very best!

Peter Baumann

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#3 Posted : Monday, July 27, 2009 8:10:29 PM
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Thanks so much for the info.

What concerns me is the fact that my fiance's entry is based on the sole discretion of an immigration officer.

Also my fiance will just be graduating in November, so he will not be in school OR working. But I can try to have him gather up some evidence of his intent to return. As I understand it, a return ticket is not always seen as a good indicator of a person's intent to return to their home country since it is easy to cancel.

We will be having a reception in Calgary the week we get there, so maybe he can produce the contract with the caterers and venue, etc.

It all sounds so risky, I figured that he might have to drive across the border if they refuse entry at the airport, but that would just throw everything off cuz there are events planned for everyday once he gets here.

Would it be a good idea or a viable option for him to contact the US embassy and discuss his plans with them and see what they recommend?


peterbaumann
#4 Posted : Wednesday, July 29, 2009 9:17:46 AM
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Your fiance should feel free to discuss his situation with the US Consul. However, the decision to admit your fiance into the United States will be made by the Immigration Service, a different US agency.

If your fiance is refused entry at an airport, he will also be refused entry if he attempts to enter the United States by driving. It is important that he present his case well initially.

I strongly recommend that you consult with an immigration attorney. A good attorney could help you sort out the issues in a one hour meeting.

Peter Baumann
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#5 Posted : Saturday, July 10, 2010 4:45:49 AM
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I would like to know if I marry a US citizen in the Canada, begin the immigration procedures to to to the US, can I enter the US during the immigration process?
and:

If I marry in the US, can I go back to Canada during the immigration process? Ideally; I would like to be able to move freely between the two since I have family on both sides.
Thank you
Margie
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