Canadians are accustomed to having free access to the U.S. when visiting. However, when there is a romantic relationship with a U.S. citizen, visiting privileges can stop.
Below is an example of a couple who innocently thought they could simply move the Canadian to the U.S. to be married. This violates the rules and can result in a bar from the U.S.
Question
I met my fiance online over 8 months ago and we got along from the 1st day. I went up to meet her last week in Vancouver and she wanted to move here with me. We packed up all her things and headed for the border. The border agent pulled us aside and grilled us for over 2 hrs. They said she should have had a K1 visa. Earlier, she stayed in the U.S. with a friend for 14 months. She didn’t know that she could only stay for 6 months. We want to be together and want help. We’re not sure if she is barred. We want to proceed with the k1 visa but know they will ask if she has ever been here and how long. We’re afraid she will be denied. Please help. Neither us are rich. Thank you very much.
Answer
Richard, Thank you. It is not clear whether she is barred based on what you wrote. There is the possibility of a bar for overstay, but there is likely a good argument she is not barred. Canadians have visa free entry to the U.S. and there is no time limit on a stay. If she entered without a visa, then she is very likely not barred for overstay. (If she entered with a visa, I need to know the type of visa and some details in her passport.)
However, a problem arises when a Canadian stays so long it looks as if she is a resident, not a tourist. If it appears that a Canadian is not just visiting, then a border agent can accuse the Canadian of violating the terms of the visa free status. In this case, there is the possibility of a bar based on summary deportation at the border. A border agent has the power to summarily deport and bar a foreigner. Whether a bar exists depends on what the border agent did. I would like to screen the case to rule out this possibility.
Your fiance can very likely immigrate on a K1 fiance visa. You are not finding an easy solution because each case is different. There is not enough information about her status on her prior stay or what occurred during the recent attempt to enter the U.S. under the Canadian visa free program. A phone discussion is required. When calling, it would help to have a copy of her passport pages and any documentation provided her by a border agent. It will also help to have appx. dates of entry and exit as well as manner of entry (car or plane).
I realize you simply did not take her immigration matters into account. Even so, the U.S. requires that people know the laws and follow them. It is not easy to gain the sympathy of immigration officers. They are trained to enforce the rules. When you call, I can help work out an immigration plan.
Kind regards,
Allan Lolly
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If Richard’s fiancee in Canada is barred, how long would the bar be?
Every bar is different and has different conditions. There also can be multiple bars at the same time. In this case, the foreigner is likely not barred based on what i read, but there is not quite enough information to confirm.
A border agent has the power to summarily deport a foreigner from the U.S. for good cause. If the border agent in this case barred Richard’s Canadian fiancee from the U.S., then it should be a 5 year bar for summary removal.
Separately, we would need to look at the reason for the bar. Sometimes a bar is imposed due to misrepresentation, a criminal offense, prior overstay, and so forth. There can be various reasons for imposing summary removal. If the border agent had good cause to believe the foreigner was an intending immigrant and not just a visitor, then this would be an allegation of misrepresentation, which can create a secondary, life bar based on misrepresentation.
As I said, I do not believe she is barred in this case. However, it does commonly happen that foreigners run into difficulties at a U.S. border and it becomes critical to examine what happened and determine the damage caused. Certainly, a case review should take place early, prior to filing for a fiance visa or marriage visa. You want a good immigration plan at the outset and be aware to help avoid snags during case processing. When things do not go smoothly, the risk of visa denial is high.
Allan Lolly
I’m interested in living and working in Vancouver and spending time with a girlfriend. Is it easier for me to got to Vancouver or to bring her to the US?
Dylan, Each country has a different set of rules. You need to please check with a Canadian immigration attorney for assistance with immigrating to or working in Canada. Generally, the Canadian government will not want other foreigners to take jobs away from locals without a good reason. For example, if you marry a Canadian then you should be able to live in Canada as a married couple and can immigrate on that basis. If you have special skills then you can perhaps obtain a Canadian work visa.
Once married, your wife’s access to the U.S. can be denied at a border stop. Her ability to visit the U.S. becomes unstable. The Canadian visa free entry to the U.S. is for visiting only, not for moving to the U.S. If a border agent suspects she may try to move to the U.S., her entry can be blocked. The fact of marriage makes things unstable. In this case, it may be best to sort out an immigration plan for you in Canada and her in the U.S. Once you fully understand the situation, then you can decide how to proceed. You are welcome to call me to discuss if you like at 1-888-483-0311. Kind regards,
Allan
Multiple DUI convictions got hit and run and reckless driving down to misdemeanor. Need help getting into Canada.
You need to please contact a Canadian immigration attorney. I practice U.S. immigration law only.
I am a Canadian and so is my bf. He is currently working in the states on a J1 visa and renewing it for a H1B visa. I am studying in the field of Applied Kinesiology and have a BA in Communications from Canada. We want to be together, but his heart is set on the US. I want to move to the US but as a kinesiologist, (Correct me if I am wrong) I was told that there are no sponsorships given to this field of work. Most kinesiologists come out to start their private practice.
If we were engaged and he has a working visa, does that give me any privilege to start my own private practice? Or if he has a green card, does that make a difference in getting me to the states?
On another note, if I became an Australian citizen, what privileges would I have to work in the states with my own private practice?
thanks for your help!!!
Cassandra, Thank you. Essentially, this is an employment immigration question. My expertise is in family immigration. I know enough about employment immigration to be dangerous, so I won’t say much. I can say that your engagement alone will not help you obtain work authorization in the U.S. The petitioner must be a U.S. citizen, not a J or H visa holder. If he were to obtain a green card, then it can be possible for him to immigrate a foreign spouse and you as the spouse can obtain a green card with work privileges. However, there will be about a 3 year hold placed on your marriage visa processing currently because he is not a U.S. citizen. The U.S. government slows case processing where the petitioner is not a U.S. citizen to help limit chain migration.
You might benefit from being a spouse dependent of his H visa status. However, this may not grant you the ability to work in the U.S. Your best choice will be to have you screened for employment immigration opportunities. This would be a paid consultation with an employment immigration attorney since there are many possible scenarios and the attorney would need to pick through and analyze. Please consult with a U.S. employment immigration attorney. If you like you are welcome to write to me for a referral for a paid consultation. Plan on spending about US$350 for a consultation. My email address is allan@asl-lawfirm.com. Kind regards, Allan
My GF is in Canada and wants to visit. If she were to visit and we got married here in the US, would she have to go back to Canada? We are unsure that we want to get married yet because she has 3 minor children and I do not know how long the process would be or if its feasible for them all to move here with me, go to school, work (for her), or how long naturalization would take.
Her children’s father is deceased (death cert is avail), We really want to be together for good as we have dated since 2008. Would they all have to get I485, I30 etc to be here?
If its a long drawn out process then we may just end it all because the travel costs and long periods apart are wearing on both of us. We have stuck it out for this long because of love, but I cant continue to wait if I have to wait even longer.
Javon, Crossing into the U.S. as a “visitor” is for visiting purposes only. If you were to marry and she remained in the U.S., this would not be a visit. A fiancee visa is the proper visa for her. Your suggestion cuts corners and is risky. Is is possible to do? Yes, definitely. However, there is the risk that an immigration officer will accuse her of misrepresentation as a visitor and this can cause some serious problems for her, including a bar from the U.S. based on misrepresentation.
A phone call is required to examine options and risks. My number is 1-888-483-0311. You are welcome to call to discuss if you like. Kind regards, Allan
Hi, Mr. Lolly.
I am a female. USA citizen. My boyfriend is Canadian.
He owns property, free and clear in the state of Florida. And he has a legitimate business that he is trying to get up and running also in Florida.
We very much want to get married. We have been together for 2 years. (Him going back to Canada every six months) Our question is: is that any way that we can go ahead and marry here in the states and he NOT have to LEAVE for any length of time? Or if he did have to leave, how long could he be kept from returning to me? And if we married, would he be able to work immediately in the USA? He has also considered a work Visa but since we want to marry and be together for the rest of our lives… we would rather go that way. We are aware of the E visas… and the K visas… and the CR-1. That’s about all we know… is that he has options. But we want the BEST & FASTEST option available to us. If we were to go ahead and marry, what are the consequences of that? And would it be that he possibly would be able to stay here? We don’t want to make it harder on ourselves and we don’t want to break the laws and get him barred forever. BUT we DO want to marry and be together as easily and quickly and painlessly as possible.
THANK YOU SO MUCH for your time and any information that you can help us with.
We are so confused about visas and mostly the TIME restraints that each one has.
Thank you, Mr. Lolly. Have an amazing day.
Joie
Joie, Is your fiance currently in the U.S.? I need to know when he entered the U.S. and his manner of entry. Did he fly in or drive across? At the port of entry to the U.S., what questions were asked of him and what were his answers? He was coming to the U.S. for a visit only. Relocation to the U.S. after marriage is not a visit. At his green card interview, an immigration officer will examine his manner of entry to determine whether there was any misrepresentation. A misrepresentation before an immigration officer can result in a bar from the U.S., married or not.
If his entry was truthful and without incident, then it can be possible for him to remain in the U.S. and change from the Canadian visa free entry to permanent resident based on marriage. Lawful entry must be proven. Immigration officers will not assume that he entered lawfully because he is Canadian.
If you have an interest in the possibility of working together, I would be glad to discuss further at allan@asl-lawfirm.com or 1-888-483-0311. Kind regards, Allan
Hi, I am Canadian PR (Japanese Passport) and my boyfriend is H1 visa holder in USA. He is working in USA and will apply Green card soon. We are thinking to marry and live in USA together.
What should we do to process our visa?
Misa, Thank you. It seems that your fiance will apply to adjust status based on his employment status on the L1, yes? His would be an employment based green card. Has he spoken with the attorney who helped obtain the L1? Generally, that is the starting point to see whether you can be added as his dependent based on marriage. You are welcome to contact me as needed at allan@asl-lawfirm.com. Kind regards, Allan
I am us citizen and I going to get marry to Canadian Guy and 8 months ago I haf misdemeanor charge which is now over from court but my question is am I getting any problem crossing Canadian border or Canadian citizen ship
Shena, I am sorry, but I practice U.S. immigration law only. You need to check with a Canadian immigration attorney. In the U.S., an admission of guilt even without a conviction can cause problems. The Canadian attorney will likely want more detail about the circumstances. Kind regards, Allan
In a situation where both people are the same gender, can one of them come to the US on a fiancée visa? My girlfriend and I have been in a relationship for almost a year and she is from Canada and I’m from the US and I want to move her here. I live in a state where same sex marriage is legal if that helps. If she can’t come as my fiancée, how long would it take for her to get dual citizen ship, and in your opinion, would it be something we should look into? Thanks.
Nichole, Unfortunately, the U.S. Federal Government does not recognize same sex marriage, so there are no provisions in our immigration rules to support same sex marriages. Currently, DOMA passed by Congress is not being enforced by the Obama Administration. Also, there was an Obama policy change to make it a low priority to deport foreigners who are in the U.S. out of status in a same sex marriage. Finally, Canadians have visa free entry to the U.S. This may mean that your Canadian fiancee could possibly enter the U.S. visa free and remain in the U.S. indefinitely without becoming unlawfully present.
If you like, I can offer a paid phone consultation to discuss possibilities. My number is 1-888-483-0311. Please explain your situation and this blog exchange, and mention you would like a paid consultation. I charge $60 for the first 15 minutes and then $3 per minute after that time. Kind regards, Allan
Hi Allan,
My girl is a canadian citizen and i am a US citizen. She came to visit me couple of months back. She thought of staying with me for 5 months, so we lease an apartment and we are living together. We have opened a joint bank account. Electric bill of the apartment is on her name.
Now, i don’t like her to go back to Canada, though we were not intended to marry in this visit but we decided to do it now.
we like to get married and stay together in the US.
she drove through the border, and she doesn’t have visa.
Can you suggest me how can i apply for her status adjustment? I am going to hire you right away if you can suggest me some possible ways to do this
Jew, It may be possible to legalize her status stateside, but the effort carries risks and she may have difficulty proving lawful entry. U.S. border agents do not mark her entry precisely so that she will have trouble remaining in the U.S. At the green card interview, she can be denied and then problems will follow from there onward.
Everyone knows someone who did things one way or another way, but this is anectdotal. Some get lucky while others suffer. What you need is a risk assessment and a plan. I can help set out an immigration plan that makes sense. Please contact me directly and we can discuss, o.k.? I hope to hear from you. Kind regards, Allan
Dear Allan,
I am a french citizen, working in the US on a J1 visa. I will stay in the US approximately 3 years. My girlfriend is Canadian and we would like to live together in the US. I know that she cannot stay more than 6 month/year, but does she needs a visa for this ? My fear is that the border agent will suspect her to overstay in the US and might refuse her entry when she will cross the border with a load of personal effect.
I would also be happy to contact you for more information about getting married in the US under my current status.
Thank you for your help.
Max
Max, My apologies for the delay in reply. I did not see your post for some reason until now. What you really need is a game plan and not really help with case processing. A paid phone consultation is appropriate in this circumstance. Can you please contact me directly off the blog and restate your situation, and ask the cost of a paid phone consultation? Kind regards, Allan
Hi Allan,
I am a US citizen. My girlfriend is a Canadian citizen. She has been living with me in California since December 2013. Now in November we both traveled back to Montreal. Had our stay, went to the airport to catch our return flight home and the nightmare began. She was pulled aside at customs and denied entry into the US for overstaying her 6 month visit. She was told that she was not barred and has been given documents stating that she has not been banned from coming to the us.
We have built a life here in California. We came back to Canada to get her birth certificate so we can start the process of getting married. Just our luck that this happened now. I just don’t know how to get her home ASAP. Any help would be very appreciated
We have never filed for anything at this time.
Thank you for your time.
Kevin
Kevin, This is a common problem. Immigration officers are the gatekeepers. It seems clear she was not simply visiting the U.S., but was instead living in the U.S. It’s common for Canadians to overstay a visit and also common to get caught and blocked, and often barred from the U.S. for misrepresentation. In your case she was only blocked and not barred, so that’s fortunate. Any future attempt could result in a bar because she has already been warned away. She needs a fiancee visa. Currently, it is quickest to obtain one for those Canadians who reside in B.C., but it is still reasonably possible to obtain a fiancee visa for her in Montreal. Please contact me directly if you have an interest in working with me on her immigration filings. Kindly, Allan
Hi,
My girlfriend and I have been together for four years, most of the time in Montreal, Canada. I am an American citizen, but a Canadian Permanent Resident as well. She is a Canadian citizen. We would like to live in the US. We want to follow the correct process, so as I understand it, we have two options:
1. wait for a K1 visa then marry in US, or
2. marry in Canada and wait for a Green Card.
Is this correct? If so, which option is faster or cheaper or easier?
We’ve been reading the US government websites and resource guides, but a lot of the information is confusing. It looks like there are significant waiting times for both these options, but it’s hard to understand.
Also, we’re concerned with the financial support component. I am currently a grad student in the US, so make a limited income and pay for school through government loans. My girlfriend is employed in Canada with a salary well over the poverty line, but obviously doesn’t have a job waiting for her in the US yet. We don’t want to start looking until we have an understanding of the timeline. She doesn’t have a lot of savings (maybe a couple thousand?) and I have basically none. One of my family members could co-sponsor, but it’s not ideal.
We appreciate your advice. How much is your phone consultation?
Thanks,
Alexandra
Alexandra, There is no charge for a phone consultation. I only ask that you have some interest in possibly working with me on your immigration process. What you need is an immigration plan that works, so can you please call me and we can discuss options? A single call can clear up a lot of uncertainties quickly. There should be a phone number on this page. Kind regards, Allan
Allan,
Hello. I am a U.S. Citizen and have been dating for more than a year a Canadian who is on a student visa here in the U.S. We are wanting to get married. Are there possibilities of us marrying in the States while she is on her student visa and her be able to stay and change residency status after marrying? What obstacles might we face if we married in the States as opposed to marrying in Canada? If we married in Canada, would she be able to stay under a different residency type after we re-enter the States as a married couple?
Thanks,
Van
Hi Van. All visas and statuses have letters. For example, a student visa might have an F1, an M1, or a J1 classification. It would help to know the type of student visa. If she did not enter the U.S. recently, then there is a good chance you can apply to change her status stateside based on your marriage. If you marry in Canada, then her student visa becomes subject to cancellation and it would likely take well over a year to immigrate your wife from Canada currently. Please call me at 1-888-483-0311 to discuss options if you have an interest in possibly working together with me. Kind regards, Allan
My boyfriend is a Canadian resident. I want to marry and am considering proposing to him! My question is if I propose to him and we get married would he have to return to Canada or could I sponsor his citizenship adjustment without him leaving. Please help am so confused! P.s. I am a woman.
Jamie, Thank you for your inquiry. The answer depends on his immigration status when he is in the U.S. Normally, when a Canadian visits the U.S., he is expected to return to Canada at the end of the visit. When he enters on a fiance visa, he is allowed to remain in the U.S. after marriage to obtain a green card. What you are suggesting is that he have cross purposes: come as a visitor and then switch to become a resident, and this is problematic. Immigration agencies offer visas for specific purposes and when you bend or break the rules, there can be problems. Can you please call me to discuss? Contact information is on the blog. I would be glad to discuss the particulars if interested. Kind regards, Allan
My husband is a Canadian citizen and Iam a U.S. Citizen we picked up and moved to the U.S. Jan 1 and have been here nearly 6 months. We haven’t applied for a green card but I was wondering if it mattered how long we waited since we are married already ?
Yes, it makes a difference. Longer is better. It sounds as if he did not enter on a marriage visa, correct? I’m available to discuss and assist with case processing if interested. It’s a question of how much risk you want to bear. Kindly, Allan
My fiance and I are looking to get married. I am a US citizen and she is a Canadian and well I am a bit confused on how best to do it. We have met many times in person and there are pics of us together all over facebook and we have been together for 2 years. We met in person back in January of 2013 and we have met in person many times since. She actually left back to Canada 2 weeks ago on her most recent visit.
We have been very cautious about how long she vists and make sure that she is never here for more than 5 months (1 month protection). We both have clean criminal records and neither of us have been barred from each others country.
I have looked into the K1 process but I am a bit confused and worried about a few things. First is age I am 22 and she is 21 I fear that they will deny us because of our ages I maybe 22 but I work full time in IT and own a 3bed/3bath house here in the US and turn about 51K a year. I think I make enough to pass the economic portion.
So should I just file for a K1 and hope it works also how long do you think it would take for us to get the K1 to go through? Would it be worth sending my self or getting an immigration lawyer like your self?
I think it worth working with me. It can be worth it depending on the fee charged and also the value added. Canadians often get stuck because they don’t realize immigration can take a long time and often foreigners are prevented from entering the U.S. to visit while the case is in process, even for Canadians. It helps to have a good attorney assisting the same as having a car mechanic work on your car. You can do things yourself, but why if the price is fair? Kindly, Allan
Hello.
For now this is just an inquiry but it might become something solid in the next 6 months as i have not fully weighed all of my options.
I am a male. Born in Canada and grew up in Canada. I am a dual citizen( Canadian father with American born mother) I lived in Canada until I was 18 then i moved to the united states(richmond, va) to live with my grandparents and work for my uncles company. (My mother’s whole family lives in usa)
Up until now I have only been living here as a temporary job. But I have come to love living in the United states and working for my uncle. And I am considering living here permanently.
Here is where my problem begins.
I have a girlfriend who lives back in Ontario Canada where I am from. I also have a infant child with my girlfriend who lives with her.
What are my options and routes I could take if I decided to stay here permanently and I wanted to get her and my child residency and/or citizenship.
Also. If my girlfriend is Canadian and I am a dual citizen. Is my son eligible to be a dual citizen?
Thanks in advance.
Adam, It is likely your child is not a U.S. citizen and you cannot help the child acquire U.S. citizenship directly. It is likely you will need to immigrate the mother and child to the U.S. as your fiancee or spouse, plus the child. A fiancee visa is quicker currently. If interested in working together with me on case processing, please call me at 1-888-483-0311 and I will be glad to discuss. Very kindly, Allan