Hi, I need some help

[snoop 0]

Hi, I am currently a resident living in Calgary Alberta, Canada and I'm trying to get my visa to be with my girlfriend that lives just outside of Buffalo NY. The problem is, is that she is still trying to get her divorce through, so technically she is still married. I'm assuming this would rule out being able to apply for any type of visa through fiance or marriage. I just wanna know how I, can get to be with her. plz help

[VanessaTony 3,567]

Hi, I am currently a resident living in Calgary Alberta, Canada and I'm trying to get my visa to be with my girlfriend that lives just outside of Buffalo NY. The problem is, is that she is still trying to get her divorce through, so technically she is still married. I'm assuming this would rule out being able to apply for any type of visa through fiance or marriage. I just wanna know how I, can get to be with her. plz help

You will need to wait until her divorce is final. once it is final, the very next day she can send off a fiance petition for you. OR you can meet and marry and she can do a CR1 petition for spouse.

All in all you need to wait.

[az110965 252]

You are correct that your girlfriend still being married precludes her from filing for either a fiancee or spousal visa. K-1 visa appplicants must be free to marry, CR-1 visa appliocants must be married to each other.

Your best bet is to simply head to the USA to spend some time with her (you can stay for up to 6 months). Therotically, she can file anb I-129F petition for a K-1 Visa the day her divorce becomes effective.

Alan

[snoop 0]

if i were to just go and visit for the maximum of 6 months i wouldn't be able to work legally would I? How or what do I apply for to be able to work and live in the U.S?

[dakay ♥ 10]

if i were to just go and visit for the maximum of 6 months i wouldn't be able to work legally would I?

no you can't with a tourist visa (I'm assuming that you have it)

How or what do I apply for to be able to work and live in the U.S?

you can not do it while the process is running, you have to wait until get the visa and after apply AOS and then get the EAD (Employment Authorization Document)

[pushbrk 14,361]

if i were to just go and visit for the maximum of 6 months i wouldn't be able to work legally would I? How or what do I apply for to be able to work and live in the U.S?

Join the club. Visa Journey is full of members in international relationships. It isn't easy but Canadians tend to have it easier overall because they can usually freely visit before and during the process. You don't get to work in the USA without authorization and are not going to get authorization until after you go through the appropriate fiance or spouse visa process. If working right away is a priority, forget the fiance visa route. You'll be here at least three months after marriage, plus the time between entry and marriage before you obtain authorization to work. The CR1 spouse visa has you entering fully work authorized.

Start with the CR1 guide and remember, the process starts after her divorce and your marriage.

[Bernie C 24]

if i were to just go and visit for the maximum of 6 months i wouldn't be able to work legally would I? How or what do I apply for to be able to work and live in the U.S?

Research the B type visas and info contained therin. Typically you cannot work and receive "salary" from a US based employer on a "business/visitor' type visa. There are visas that allow you to work but the are typically apllied for by the employer for the individual - not by the individual.

http://travel.state.gov/pdf/BusinessVisa.pdf

The link above has additional information. Probably doesnt fit to your situation but I'm no expert on the subject either!

[snoop 0]

thanks for all the info. It's too bad there isn't a quicker way to do things but I'm sure everyone on here is saying that =P well I guess I just have to be patient, and be happy i can freely go to visit.

[toma1 10]

thanks for all the info. It's too bad there isn't a quicker way to do things but I'm sure everyone on here is saying that =P well I guess I just have to be patient, and be happy i can freely go to visit.

Um, I can't believe that no one mentioned that Canadians in most professional occupations don't even NEED a visa to work in the US. No waiting period or anything; they just stamp you in at the border for up to three years at a time. Most professional occupations qualify. Almost any BS degree that will actually get you a job seems to work. You have to get a letter from an employer first.

Occupation List Here:

http://www.visapro.com/S/TN-Visa-Ocuupation-ListPop.htm

Edited March 14, 2010 by toma1

[Minya's wife 25]

Um, I can't believe that no one mentioned that Canadians in most professional occupations don't even NEED a visa to work in the US. No waiting period or anything; they just stamp you in at the border for up to three years at a time. Most professional occupations qualify. Almost any BS degree that will actually get you a job seems to work. You have to get a letter from an employer first.

Occupation List Here:

http://www.visapro.c...ion-ListPop.htm

I'm not sure its quite as simple as that. It seems that the position being offered in the employment letter, must very clearly fit within one of the occupations listed in the occupation list and any deviation as perceived by the adjudicating border official can be cause for denial. The example I read was about Management Consultant...that the job offer is carefully scrutinized to make sure that the position is indeed that of a Management Consultant and not simply a Manager. The granting of TN status is completely upon the discretion of the border guard present at the time border crossing is attempted. And while one is free to travel back and forth, the TN status can be revoked upon the whim of the border guard at the border crossing. That's a heck of a big chance one is taking each time they travel home...if for example they're living and working in the US, have their life somewhat established, and upon returning from visiting family their TN status is revoked because the border guard is having a bad day.

The OP has intent to emigrate, and the TN status most importantly does not have the doctrine of dual-intent attached to it (and this is how it majorly differs from the H1-B visa). I don't know, is in-country AOS even possible in such a situation?

[Minya's wife 25]

double post...

Edited March 14, 2010 by Minya's wife

[toma1 10]

It's pretty easy. You really picked a longshot scenario in your example with the Management Consultant category, etc.