marrying in the us?

[holly28]

I'm engaged, and I think we are deciding to get married before applying for my visa. Is it legal for us to get married in the US without a visa, if I am planning on returning to canada to file for K3 visa and only returning to the US when we are approved to do so? I have no intentions of staying in the states illegally, we just really want to be married. The sooner the better, because he is starting up a ministry soon and will be super busy. Thanks.

[LOBW]

First you want to apply for the visa and then enter the country (you'll be given 90 days to get married). Marrying first voids your ability to apply for a fiance visa because he'd already be your husband! As such, he'd have to apply for a green card for you and if you have to travel out of the US after marrying and before you get the green card, customs won't let you back into the US until you get the green card through the US embassy in Canada. Entering without admitting that you're coming to marry or that you have a husband in the US will be considered "fraud" because you're not really a regular visitor coming to tour the US, etc. So to save yourselves much stress, apply for the fiance visa... I also recommend you weigh your options with an attorney to find the proper solution for your situation.
Bindu Wotorson, Esq.
www.wotorsonlaw.com

[ozziewench]

It is NOT illegal to enter the US to marry. Many have done this, including myself. Immigrant intent at entry is what they concern themselves with. If one enters the US, one can marry, file the petitions (I-130 and I-129F) and return to own country when supposed to, interview for the visa and then reenter the US. All perfectly legal and above board. See here

All the best to you Holly