K1 Visa

[immihelp]

Hello,

I live in Canada and want to marry my girlfriend who lives in California. I have info about getting the marriage license but am wondering now, do I need a k1 visa to apply for the form I-485? Or am I able to marry and immediatly go to the adjustment of status? I currently only go to visit within the 6 months given and do not have a visa in the states. Any help or advise would be great. thank you

[immihelp]

If you are in the US while you get married, you don't need K1. You can just apply for I-130 and I-485.

[nichole]

It is my understanding if you enter the US as a "visitor" with the intention of marrying and remaining in the US, then you are considered as committing fraud. The visa waiver entry from Canada is for tourist purposes only and not for immigration. Why would all these people from VWP countries be applying for K1 visas if it was so legal to immigrate via a tourist entry.

Some choices as I see it are:

Get a K1 visa, move to the US, marry in 90 days, file I-485.

Marry in the US as a tourist, return to Canada, get a K3 visa, move to the US, file I-485.

Marry in the US as a tourist, return to Canada, get a CR1 visa and move to the US and no need to file I-485.

Marry in the US on a "spur of the moment" decision with no pre-planned intent at the time you entered as a tourist, file the I-130 and I-485, do not leave the US for any reason until you have a green card in hand, and do not work until you receive a green card or EAD work authorization.