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Need advice - canadian to marry US citizen

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  • Need advice - canadian to marry US citizen

    I am Canadian citizen living in Canada. My fiancé lives in US and is US citizen by birth. We plan to marry later this year (in US and live there) and I would like to know what’s the best route to do this. I've read these forums but still not sure what’s the best way for us.

    Should I apply for K1 or just go to US and get married (spur of the moment)?
    My main concern with K1 is that I have been refused TN visa early this year 2 times (got a job but rejected due to my diploma).

    I have gone over the border since but each time they sent me to the customs for check.

    Thanks

  • #2
    You should NOT "just come" to the US with the intention of marrying AND filing for Adjustment of Status. That would be coming under the VWP (Visa Waiver Program) as a non-immigrant with immigrant intentions.

    Yes, you can get married here in the US, but it would be best for you to return back to Canada afterwards and go through Consular Processing or a K-3 visa.

    Yet, the easiet and best way is going the K-1 visa. You will be able to come to the US, begin employment, marry within 90 days of your arrival, and adjust your status to resident.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Thanks for the quick answer.

      I don't mind going that way, it's just I am afraid that for some reason I can be refused to get one (K1).

      Do you know of any cases where for some reason someone was refused? I have no criminal record or anything. The only thing is, that TN visa that I was refused early this year.

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      • #4
        It can not "just" be denied. Unless you are found inadmissible...

        If you are "that" worried she can come to Canada and and get married and file for a K-3 for you.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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        • #5
          When I say afraid, It's just from my personal experiance with the officers at the border.

          The TN visa was refused due for not having a 2 year college diploma. It was a missed opportunity but I am not planning to try again.

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          • #6
            I've been searched on both sides and sent to customs multiple times. The wait time at the customs is 2-3 hours sometimes... I always stayed calm showing little emotions, knowing that is the only way. But even that irritates them sometimes

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