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Canadian marrying American in Jail

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  • Canadian marrying American in Jail

    Originally posted by IndigoBlue View Post
    I am a Canadian who wants to marry an American inmate in New York. I want to cross the border, go to New York and get married, stay there for one week and then return home to Canada. I will not be moving to the States at this time. I would not be telling them at the border that I am coming down to get married. If I was to visit him a year later after we were married, would they know at the border that I married an American if I don't say anything? And if we got married now, at some point in the future, would it be possible for me to move to the States if I did not tell them at the border that I was going down to get married, and when I was married, I did not say that I was going down to visit my husband? Because I did not tell the truth, will that ruin my chances of ever being able to move to the States?

    Thank you.
    WHat is the answers to Indigo Blue's question? I have the very same questions. I wondered if I needed a K-1 Fiancee visa, but the American is supposed to file that and he's in jail. I have heard of people getting in trouble for marrying an American and not being truthful about their intentions when crossing the border to get married. I don't want to live there until he gets out in a few years. We have a child together as well. What is the best way to go about it? What ended up happening to IndigoBlue's situation?

  • #2
    Originally posted by katieo View Post
    WHat is the answers to Indigo Blue's question? I have the very same questions. I wondered if I needed a K-1 Fiancee visa, but the American is supposed to file that and he's in jail. I have heard of people getting in trouble for marrying an American and not being truthful about their intentions when crossing the border to get married. I don't want to live there until he gets out in a few years. We have a child together as well. What is the best way to go about it? What ended up happening to IndigoBlue's situation?


    There's nothing illegal about coming across to get married without a visa; tourists do it all the time!

    It's coming across to get married with the intention of remaining here that's the bad part

    There is a bigger problem for both of you though and that's the nature of his conviction. Certain felons are prohibited from sponsoring immigrants. Plus, even if his felony isn't on the bad bad list, he's going to have a hard time finding a job which will in turn make sponsoring you very, very difficult.

    If you insist on marrying the felon, you'll both need to understand the ramifications of sponsorship (it's a BIG deal), and he will have to file for your spouse visa before you cross the border once you decide to come to the US.

    If you get married, go back, and come back into the US without a visa and THEN try to file for your residency, you'll be in deep doo doo.

    Comment


    • #3
      By the way, this doesn't mean you'll be automatically allowed to come into the country; the border agent has the right to deny entry if s/he thinks you're going to stay without permission.

      Comment


      • #4
        great response Dogmatique.

        Originally posted by Dogmatique View Post
        There's nothing illegal about coming across to get married without a visa; tourists do it all the time!

        It's coming across to get married with the intention of remaining here that's the bad part

        There is a bigger problem for both of you though and that's the nature of his conviction. Certain felons are prohibited from sponsoring immigrants. Plus, even if his felony isn't on the bad bad list, he's going to have a hard time finding a job which will in turn make sponsoring you very, very difficult.

        If you insist on marrying the felon, you'll both need to understand the ramifications of sponsorship (it's a BIG deal), and he will have to file for your spouse visa before you cross the border once you decide to come to the US.

        If you get married, go back, and come back into the US without a visa and THEN try to file for your residency, you'll be in deep doo doo.

        Thnk you Dogmatique. Well, our child is 14 and she was born in the US and plans to attend university in NY. I may need to wait until she is 18 and earning $ there to sponsor me. In the meantime, I would ike to marry her dad and continue to live and work in Canada, visit him frequently, and when he's out, if he can sponsor me, I would continue to reside in Canada during green card app. I would want to visit him during applcation process. Do I need to inform border protection tht I married on my visit?

        Comment


        • #5
          katieo, you added your question to another poster's old thread from 2009. You should have started your own new thread. I will start a new thread for you.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            Originally posted by katieo View Post
            Thnk you Dogmatique. Well, our child is 14 and she was born in the US and plans to attend university in NY. I may need to wait until she is 18 and earning $ there to sponsor me. In the meantime, I would ike to marry her dad and continue to live and work in Canada, visit him frequently, and when he's out, if he can sponsor me, I would continue to reside in Canada during green card app. I would want to visit him during applcation process. Do I need to inform border protection tht I married on my visit?


            I do have a quick question, katie. You've been with this guy a long, long time obviously - is there any rush to getting married right now? Because your life will probably be much easier if you wait until he's out.

            Because you're a Canadian resident, you can come and go as a single person visiting a friend, much easier than you can come and go if you're married to a US citizen who is still in the US.

            Border agents will think this is somewhat unusual, and may deny you entry (the assumption would be that you've married this guy, so you obviously intend to stay in the US with him - and you don't have permission).

            (Also thank you, Betty )

            Comment


            • #7
              Originally posted by Dogmatique View Post
              (Also thank you, Betty )
              No problem - glad you could help the OP.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Originally posted by Dogmatique View Post
                I do have a quick question, katie. You've been with this guy a long, long time obviously - is there any rush to getting married right now? Because your life will probably be much easier if you wait until he's out.

                Because you're a Canadian resident, you can come and go as a single person visiting a friend, much easier than you can come and go if you're married to a US citizen who is still in the US.

                Border agents will think this is somewhat unusual, and may deny you entry (the assumption would be that you've married this guy, so you obviously intend to stay in the US with him - and you don't have permission).

                (Also thank you, Betty )
                Yes , thank you Betty. I'm new to this. Well, we broke up in 1999 when our daugther was 2. We got back together last year and he got into trouble 6 months later. We were planning to get married this summer before the arrest happened. We could wait until he's out of course. Being married makes for better prison visits...as married couples do have certain priveledges.
                I understand that Customs&Border Protection has the right to refuse me entry if they suspect anything, which is why I bring proof of my home and job in Canada. I see why they would be suspicous but I can't exactly stay with him if he's incarcerated, plus the green card application won't be pending. We won't (and can't) start the green card process until he's out.
                Furthermore, I was informed by an immigration lawyer that an American cannot sponsor a Canadian until their criminal record is at least 5 years old (as if the end of sentence served.) I can't find any supporting evidence on the internet to this. People are saying their ex-con partners sponsored them as soon as they were released from prison and had a steady job. (I understand getting a steady job after a prison sentence can be hard, and they must prove at least 1 tax return showing an income significantly above the poverty level.) But I want to know if that 5 year rule is true. As a back up, my American daughter can sponsor me, but that's a long time away.
                Whether I marry him in jail or out, I won't be moving to the States until I can legitamately work there. I fully plan to continue to live in Canada and work at my job here. Visiting NY is easy enough and I'm not in a developing country I need to escape. I have no issues staying up here. We were planning an "out of country green card application". So either way, once I marry him, for at least 2 years I'll have issues with CPB at the border. I have issues with them anyways due to entering with an I-192 (waiver).
                So my main inquiries are: once a Cdn marries an American, can they freely visit their spouse while residing in Canada if they can prove they have no intention of living in the States until it's legal for them to do so? AND Is it best if I let them know of my intentions to marry upon entry? Thank you.

                Comment

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