Question about options moving forward

[surfndan 0]

Hey all

Well, a lot has happened since I last posted. My fiance and I broke up. However, her and I are still exploring seeing each other if we are able to spend more time together in person. Potentially, she would move from Kamloops, BC to Washington DC. Here is where the problem is, we have received our NOA1, had gotten all the necessary immunixations and were waiting to set up an interview at the Vancouver consulate but are unsure of how long she could stay in DC without using the K1 Visa.

Does anyone know our options moving forward? Are there any jobs available to non-citizens I could look into? Will we have to start the K1 process over again or can we delay the interview process while she hangs out in DC. Please let me know any advice you can give. Thanks.

[payxibka 10,045]

Hey all

Well, a lot has happened since I last posted. My fiance and I broke up. However, her and I are still exploring seeing each other if we are able to spend more time together in person. Potentially, she would move from Kamloops, BC to Washington DC. Here is where the problem is, we have received our NOA1, had gotten all the necessary immunixations and were waiting to set up an interview at the Vancouver consulate but are unsure of how long she could stay in DC without using the K1 Visa.

Does anyone know our options moving forward? Are there any jobs available to non-citizens I could look into? Will we have to start the K1 process over again or can we delay the interview process while she hangs out in DC. Please let me know any advice you can give. Thanks.

She can stay as long as the authorized period granted to her upon entry. For Canadians arriving without a visa it is typically 6 mos. There are many jobs available for non-citizens, however there are no jobs available for non-citizens who do not possess work authorization. A standard "tourist" entry does not provide work authorization or the ability to get it.

Edited January 13, 2010 by payxibka

[surfndan 0]

She can stay as long as the authorized period granted to her upon entry. For Canadians arriving without a visa it is typically 6 mos. There are many jobs available for non-citizens, however there are no jobs available for non-citizens who do not possess work authorization. A standard "tourist" entry does not provide work authorization or the ability to get it.

Well can she come and work in the US while still in the process of applying for the K1? Also, how would she go about trying to find a job in DC?

[Sam and Ben 2]

Well, you asked for advice regarding your options, so I won't go into a long bit of text regarding anything otherwise... only to say, be sure you give pause to whatever reasons you broke up in the first place. Though the reverse process (US to Canada) has a bit more of a "try it to see if we like it" option, the US doesn't really give that option. The K1 is the only thing closest to that, in that it gives 90 days to figure your stuff out and move onto the next phase of immigration (AOS).

You didn't mention how many days she's accumulated visit-wise in the US. That is reason your only avenue for spending more time together, or obviously you visiting her. She cannot work as a visitor. She can't even work as a K1 - she has to apply for AOS after entering the country as a K1, so she can receive her temporary work permit. Applying for a work visa now, with obvious intent to permanent relocate shown by your K1 application, would probably result in a denial.

Your best options are to sit down and discuss whatever issues you have going on between you. You can choose to not pursue the K1 any further, spend some more time getting to know one another, and then choose to restart the application later on. Take time to visit, etc. This may cause you delay at the border, so be sure that she comes bearing great detail in the way of ties to Canada during visits.

Your other option is to continue the K1, do the interview, and then wait before moving her down. There is a span of six months after receiving the visa before you have to activate it. However, unless the consulate provides you with permission to visit without activating the visa (which, you'd have to prove real good reason as to why you'd need that, IF they'd allow it even then), she wouldn't be able to visit you in the States.

Either way, if you wish to pursue a life together (aka, her moving to D.C., pursuing work, etc), you have to go about the means to achieve all of that. Her visiting wouldn't render you that result.

Well can she come and work in the US while still in the process of applying for the K1? Also, how would she go about trying to find a job in DC?

She cannot work without work authorization. As a visitor, she cannot receive work authorization.

Employers do not generally indicate positions for citizens versus non-citizens. They require that she be legally able to work.

[SapphireDreams 71]

Well can she come and work in the US while still in the process of applying for the K1? Also, how would she go about trying to find a job in DC?

She cannot work without an EAD (employment authorization document) or a work visa of some kind. Since you have already applied for a fiance visa, you cannot apply for a work visa. This is because typically work visas imply that you have no immigration intent... however, since you applied for a K1, you already have shown immigration intent.

She can definitely come and hang out for up to 6 months in DC as a visitor, she is just going to have to visit.

I think we all wished that we could've come for a test run and found jobs and see how it all panned out, but unfortunately it's just not that easy.