Do Canadians Need a K-1 Visa to Enter the U.S. & Marry a U.S. Citizen?

If a Canadian citizen wishes to marry a U.S. citizen inside the United States, then applying for a K-1 visa at a U.S. consulate is the appropriate first step. This might be a surprise to any Canadian who is accustomed to the easy application procedures that usually apply. For example, Canadians wishing to enter the United States as tourists can simply show up at the border or port of entry, present their passport, and enjoy their stay for up to six months.

Similarly, Canadians wishing to obtain various types of temporary visas, such as TN visas, can simply prepare their paperwork and bring it straight to the U.S. border or other port of entry for a decision by U.S. immigration officials, without making a stop at a U.S. consulate.

The fiancé(e) visa is an exception, however. To get a K-1 fiancé(e) visa, Canadians need to go through the full process described below, including submitting a petition (Form I-129F) to U.S. Citizenship and Immigration Services (USCIS) and then applying to a U.S. consulate in Canada for the K-1 visa for U.S. entry.

We'll describe, in this article, why you should not attempt to do an end run around this process.

Why Not Just Enter the U.S. From Canada as a Tourist and Get Married?

It has probably occurred to you that you could save all this trouble by simply showing up in the U.S. with your Canadian passport, getting married, and then applying for your green card. There's just one problem with that strategy, and it's called "visa fraud."

By using your rights as a Canadian for quick entry, you are telling U.S. immigration officials that your intention in the United States is to be a tourist visitor, and to leave, typically within 90 days; though the maximum is six months. That's true even if you get waved through without an interview by an officer at the U.S. border, and never actually say to anyone "I'm coming here as a tourist." (It's even worse if you do get interviewed at the border and actually tell the officer your intentions were to be a tourist, and then soon after, you get married and apply for a U.S. green card.)

If you get married after arriving in this way, and apply for a green card, USCIS will take a look at your U.S. entry to see whether you misused your entry rights. The agency will look especially hard if you got married within three months of your U.S. entry. The "90-day rule" presumes that all applicants who marry or apply for an immigrant visa within 90 days of having entered the United States misrepresented their intentions, unless they can prove otherwise. With luck, you might be able to convince the agency that you were only considering getting married when you entered the United States (or better yet, hardly knew each other), and that you made your decision and plans to marry after your U.S. entry.

Or, you might be able to apply for a waiver of your visa fraud, but that's hard to get approved.

If all of that fails, you will be found inadmissible and denied the U.S. green card.

An even worse possibility is that you will be denied entry to the United States at the outset. Even if you pretend to be a tourist for purposes of U.S. entry (which again, is a bad idea), the border or other U.S. immigration officials could search your belongings and discover, say, a wedding dress, documents that you brought along in preparation for the green card application, a copy of a contract with your wedding caterer, or something similar. They could, at that point, issue an order of removal in your case. And you wouldn't be allowed back into the United States for five years.

Applying for a K-1 Visa From Canada

So, having realized that you'll need an actual K-1 visa to enter the United States and get married, what's next? The K-1 visa application is a four-step process:

1. The U.S. citizen fiancé(e) fills out and submits the fiancé(e) petition on Form I-129F, prepares supporting documents, and submits it to USCIS along with a fee payment.
2. When the petition is approved, the foreign national fiancé(e) fills out more forms, according to instructions from the National Visa Center (NVC), which is part of the U.S. State Department.
3. The foreign national fiancé(e) brings everything to the U.S. consulate in Montreal for a personal interview and a decision on the K-1 visa.
4. Once the K-1 visa has been approved, the foreign national fiancé(e) enters the United States, and, within 90 days of entry, marries the U.S. citizen and if desired, submits an I-485 Adjustment Application by mail to USCIS (the primary form for which is the I-485) in order to obtain U.S. lawful permanent residence.

Next Steps

For more information on the K-1 visa application process, see Steps to Get a K-1 Fiancé(e) Visa. You might also consider hiring an attorney for help with the paperwork and with monitoring your case through the U.S. immigration bureaucracy. Many immigration attorneys charge flat fees for straightforward services like this, so you'll know in advance what to expect.