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can this be done??

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  • can this be done??

    MY finace lives in the USA and i am in canada,, we want to be together so badly ,, and dont want to wait for the fiance visa ,, what i want to know is ,, if i just go down there on my vacation,, and decide to marry him ,, what will happen? can i do it that way ? as far as i have heard i can ,, but its a pain in the butt , because you get loaded with paper work, and maybe a penalty ,,has anyone done this before ?

  • #2
    MY finace lives in the USA and i am in canada,, we want to be together so badly ,, and dont want to wait for the fiance visa ,, what i want to know is ,, if i just go down there on my vacation,, and decide to marry him ,, what will happen? can i do it that way ? as far as i have heard i can ,, but its a pain in the butt , because you get loaded with paper work, and maybe a penalty ,,has anyone done this before ?

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    • #3
      Here is my suggestion: ask him to file you a K visa. You'll wait about 3 months and can come in the US to marry him and start processing your paperwork. In this mean time, put his pic on your nightstand, get an ice bag and put out your fire. Three months is nothing in a lifetime. It's worth it to wait the time!
      Good luck!

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      • #4
        Supposedly there is a new method (only a couple years old) to help married couples reunite in about as much time as a fiance visa. I still recommend the fiance visa, but you can't wait to get married (even if it means living apart for a while) you may want to speak directly with a lawyer to get clarification on the new law and what needs to be done.

        Good Luck!

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        • #5
          Do Not get married while on a 'vacation' visa or visa waiver. I did and I was arrested and charged with fraud on my next visit. It took 9 months to get out of it, but I still have to leave the US and await my K3

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          • #6
            CURDSVILLEMAN:
            Would you please tell me how INS found out about your marriage upon your return?
            Thank you!

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            • #7
              Simple, GTI, I told them! After getting married in the US on a visa waiver I left after the three months allowed and returned almost immediately. This aroused their suspicions and I was detained for commiting fraud, i.e. getting wed when a waiver only allows for a vacation. Fortunately the Judge at my hearing allowed me to withdraw my application and depart voluntarily.(this took 9 months) Meanwhile I await The I130 petition to be approved.

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              • #8
                you never should have left after getting married that is why you were banned from entering that time. You should have filed your paperwork and if you had to leave waited until your travel document had been approved.

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                • #9
                  Also, he might have entered the country with the intention to get married under a waiver (and not a spur of the moment) and married less than 30 days upon entering which triggers the 30/60 day rule which means fraud.

                  To not scare people off... it is perfectly legal to enter the US under a not-for-marriage-intended visa and get married after all as long as there is no intention to do so.
                  If you get married withing 30 days after arrival there is an automatic presumption of visafraus and you will be charged with this.
                  If you get narried within 30 to 60 days upon arrival they still ca do this but they do have to have substantial prove.
                  Marriage after 60 days is considered save but yet they cab still start an investigation although rarely.

                  If you overstayed your visa after marriage and you leave the US you will trigger the 3/10 year ban depending on how long you overstayed. Being married will do you no good.

                  So apply for traveldocument and you will be safe.

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                  • #10
                    You say you want to be together *so badly* and you don't want to wait for a fiance app. First you need to settle down and act mature. Stuff like *so badly* is the impulsive kind of stuff that will make you and your relationship suspicious. Kind of like what other impulsive things are you prone to do? The INS is not a matchmaker, it is looking to see if you plan things out carefully.

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