Many Canadians travel to the United States for tourism, business, and family visits, but some also wish to marry while in the country. While it is legally permissible for a Canadian visitor to marry in the U.S., immigration rules determine whether they can remain after marriage. Intent plays a key role in the process, and entering on the wrong visa or staying beyond authorized status can create immigration complications.
Marriage in the U.S. on a Visitor Visa (B-2)
A Canadian can enter the U.S. without a visa (under the Visa Waiver Program) or with a B-2 visitor visa, allowing temporary stays for tourism or personal travel. U.S. immigration authorities assess whether the visitor intends to return to Canada or stay permanently after marriage. According to the U.S. Department of State’s Foreign Affairs Manual (FAM):
- A fiancé(e) of a U.S. citizen or lawful permanent resident (LPR) may qualify for a B-2 visa if they intend to return to a residence abroad soon after marriage (9 FAM 402.2-4(B)(1)).
- A fiancé(e) of a nonimmigrant visa holder (such as an F-1 student, H-1B worker, or L-1 transferee) may qualify for a B-2 visa if they plan to marry and then either depart or apply for a change of status (9 FAM 402.2-4(B)(2)).
- A spouse married by proxy to a nonimmigrant in the U.S. may be issued a B-2 visa to join their spouse, but they must apply for a change of status after consummating the marriage (9 FAM 402.2-4(B)(3)).
Marriage to a U.S. Citizen or Lawful Permanent Resident
Entering the U.S. on a B-2 Visa for Marriage
A Canadian who intends to marry a U.S. citizen or lawful permanent resident may qualify for a B-2 visa if they plan to return to Canada soon after the marriage. According to 9 FAM 402.2-4(B)(1), a B-2 visa may also be issued for:
- Meeting the fiancé(e)’s family
- Becoming engaged
- Planning a wedding
- Renewing a relationship with a prospective spouse
However, if a Canadian enters on a B-2 visa or as a visa-exempt traveler with the intent to remain in the U.S. after marriage, this could be considered visa fraud under U.S. immigration law.
Applying for a K-1 Fiancé(e) Visa
For Canadians who plan to marry a U.S. citizen and remain in the U.S., the K-1 fiancé(e) visa is the appropriate path. Under INA 101(a)(15)(K), the K-1 visa allows a Canadian fiancé(e) to enter the U.S., marry their U.S. citizen partner within 90 days, and apply for a green card through adjustment of status. This is the preferred option for those intending to remain in the U.S. permanently.
Marriage to a Nonimmigrant Visa Holder
If a Canadian is marrying a nonimmigrant visa holder (such as someone on an F-1, H-1B, or L-1 visa), they may qualify for a B-2 visa to travel for the marriage. However, after marriage, they must either:
- Depart the U.S. and apply for the appropriate derivative visa (e.g., F-2, H-4, L-2) from Canada.
- Apply for a change of status from B-2 to the appropriate derivative visa while in the U.S., though this process can take time and requires USCIS approval.
If the Canadian spouse intends to stay permanently rather than temporarily in derivative status, a B-2 visa would not be appropriate.
What If a Canadian Marries a U.S. Citizen While Visiting?
A Canadian who enters the U.S. as a visitor and later decides to marry a U.S. citizen may be eligible to apply for adjustment of status to obtain a green card. However, USCIS will assess whether the individual misrepresented their intent at the time of entry.
The 90-Day Rule
USCIS applies the 90-day rule, which presumes misrepresentation if a foreign national marries and applies for a green card within 90 days of entering the U.S. If the marriage and green card application occur after 90 days, there is generally less suspicion of visa fraud, but each case is reviewed individually.
Marriage by Proxy and Immigration Considerations
Proxy marriages—where one or both spouses are not physically present—are only recognized for U.S. immigration purposes after the marriage is consummated (i.e., the couple must live together afterward). Under 9 FAM 402.2-4(B)(3), a Canadian spouse in a proxy marriage may qualify for a B-2 visa to join their nonimmigrant spouse but must apply for a change of status after arriving in the U.S.
Key Takeaways
- A Canadian can legally marry in the U.S. as a visitor, but their intent and visa status impact whether they can stay.
- If marrying a nonimmigrant visa holder, they must either leave or apply for a change of status to a derivative visa.
- If marrying a U.S. citizen or LPR, they must prove nonimmigrant intent or apply for a K-1 fiancé(e) visa if they intend to stay.
- Misrepresentation at entry can lead to visa fraud concerns and future immigration complications.
- Marriage by proxy requires consummation before applying for a change of status.
Consult an Immigration Attorney
U.S. immigration laws are complex, and even a simple decision—such as getting married while on a visitor visa—can have long-term consequences. Canadians considering marriage in the U.S. should seek advice from an experienced U.S. immigration attorney to ensure compliance with immigration laws and avoid unintended legal issues.
Schedule a Consultation with an Immigration Lawyer
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We Can Help!
You may have questions regarding getting married in the U.S. as a Canadian visitor. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
