Marrying an American AND Starting Your Career in the USA

[Red_Dahlia 0]

Alright. Here's my deal. My American boyfriend and I have been long distance throughout our relationship - he has visited me in Canada, and I have visited my boyfriend in Minnesota at least once a month since we got together a year ago. I'll soon be graduating with a MLIS from the University of Toronto and wanted to get information on the following:

Would it be better to get a work visa to work in the United States OR should he go through the Fiancee visa process?

- I have read the information regarding TN1 visas as opposed to H1B. I know that TN-1 visas are easier to get and quicker to process, but my concern is that my history of coming down to the United States to visit my boyfriend will clearly show that I have dual intent: to work in the US and immigrate. I'd like to hear from anyone who has gone through this situation. I'm told that TN-1 visas are also less work for employers and is the more attractive option, but I am really concerned that my application for a TN visa will be declined b/c of my continuous history of going to the States to visit my boyfriend.

If I do get a work visa, whether TN1 or H1B, am I allowed to then get married to my American partner thereafter or would I still need to apply for a Fiancee visa in addition to my work visa? My immediate question is: does getting a work visa complicate getting the fiancee visa and vice-versa?

If I were to go through the fiancee visa route, how would I go about obtaining a work permit? How long would it take before I can apply for one? How long is it good for?

Thanks for taking the time to read my post. If possible, please address the specific questions above.

[sachinky 464]

You would apply for a K-1 visa. Once approved at the interview, you will have to enter the U.S. and get married to your fiance in 90 days. Then you would apply for your AOS based off your marriage and once you get the EAD (employment authorization document) or Green Card (whichever you get first) you can start working.

You can also get married right and apply for a CR-1 which authorizes you to work immediately upon entry.

I'm not too sure about TN/H-1B visas but I'm sure someone else can clarify those questions for you.

Read the guides for more information on the K-1 and CR-1.

[Gemmie 142]

I don't know too much about work visas, but I do know that a Fiance visa (K1) is simply for entering and marrying whilst you apply for your green card (which allows you to work). Personally, if my goal was to marry my American boyfriend and also be able to work, I would go the K1 route. If my goal was to get my career going and then worry about getting married in the future, I would pursue the work visa.

If I were to go through the fiancee visa route, how would I go about obtaining a work permit? How long would it take before I can apply for one? How long is it good for?

Once you've entered the US, you have 90 days to get married. Once you're married, you can apply for AOS AND also your work permit. The work permit (aka EAD) takes about 8 weeks roughly, but most people get their green cards shortly after that anyway.

[Udella&Wiz 325]

Alright. Here's my deal. My American boyfriend and I have been long distance throughout our relationship - he has visited me in Canada, and I have visited my boyfriend in Minnesota at least once a month since we got together a year ago. I'll soon be graduating with a MLIS from the University of Toronto and wanted to get information on the following:

Would it be better to get a work visa to work in the United States OR should he go through the Fiancee visa process?

- I have read the information regarding TN1 visas as opposed to H1B. I know that TN-1 visas are easier to get and quicker to process, but my concern is that my history of coming down to the United States to visit my boyfriend will clearly show that I have dual intent: to work in the US and immigrate. I'd like to hear from anyone who has gone through this situation. I'm told that TN-1 visas are also less work for employers and is the more attractive option, but I am really concerned that my application for a TN visa will be declined b/c of my continuous history of going to the States to visit my boyfriend.

If I do get a work visa, whether TN1 or H1B, am I allowed to then get married to my American partner thereafter or would I still need to apply for a Fiancee visa in addition to my work visa? My immediate question is: does getting a work visa complicate getting the fiancee visa and vice-versa?

If I were to go through the fiancee visa route, how would I go about obtaining a work permit? How long would it take before I can apply for one? How long is it good for?

Thanks for taking the time to read my post. If possible, please address the specific questions above.

Hello and welcome!

While your degree in Library Science may enable you to apply for and get hired by an American company who will then apply for the TN VISA, unless you know of something for sure. The border guards play a big role in approval of the TN Visa and if your paperwork is not perfectly in order, the chance of being approved can be dicey.

I would put your money on a K-1 Fiancé Visa. You will move here once you are approved, marry and then Adjust Status (AOS) which will allow you to work approximately 3-4 months after you enter. Someone here who has come through a K1 recently can tell you the approximate timeline from Application to approval if you go that route. The H1B route is tricky. When the block of VISA's is released (or whatever you wnat to call it) The company willing to hire you must be ready to pounce and submit their paperwork. I might be wrong, but I think the 2010 Visas started in April of this year and they've probably all but met their quotas by now.

You could also get married now and apply for the married version (K3 or CR1..) - I believe you'll be eligible to work immediately once approved and you move to the US...someone will chime in, I'm sure.

If your intent is to get married and move permanently to the US....why bother going a temporary work VISA route (ie TN or H1B)? I realize you're looking for a way in...but the TN has to be renewed and you have to maintain ties to Canada etc....why cause yourself undue trouble.

You may have roughly a 9 month wait or more...what would you plan to do in Canada if that is the case? You may want to consider that.

Are you even engaged? You may want to get over that hurdel too

These are of course my opinions and others will weigh in.

Edited June 8, 2010 by Udella&Wiz

[tatianman 0]

I am currently on a H1B visa and believe me it cost a lot and it is not easy to get an H1B visa these days with the economy being so bad. I think your boyfriend should start applying for your K1 Visa now, that will allow you guys some time to get things started once you come over to the US. You need to get married legally asap, establish bank accounts, utility accounts together and take lots of pictures with friends and family and the civil ceremony to show a legitimate marriage before you apply for AOS, you will not be able to work with a K1 visa but once he file for AOS for you, he will also need to turn in an application for work permit at the same time. It will take around 2 months to get a work permit while the AOS is in process, that way you can at least work. An H1B visa cost a lot more, and you need to hire a lawyer to do it and you can only work in the field you graduated it, in some case, with the economy these days it is hard to be picky when it comes to a job.

Let me know if you need help with forms, send me a message. Maybe I can help. I recently file for AOS because i got married with my Mr. Right and I have been in the US for like 10 years now (started off just going to school here, but eventually getting JOB after i graduate). I mailed my package out on May 25th and today I got all my I797C showing that department of homeland security has reviewed the documents i submitted. Yay!

[Udella&Wiz 325]

I am currently on a H1B visa and believe me it cost a lot and it is not easy to get an H1B visa these days with the economy being so bad. I think your boyfriend should start applying for your K1 Visa now, that will allow you guys some time to get things started once you come over to the US. You need to get married legally asap, establish bank accounts, utility accounts together and take lots of pictures with friends and family and the civil ceremony to show a legitimate marriage before you apply for AOS, you will not be able to work with a K1 visa but once he file for AOS for you, he will also need to turn in an application for work permit at the same time. It will take around 2 months to get a work permit while the AOS is in process, that way you can at least work. An H1B visa cost a lot more, and you need to hire a lawyer to do it and you can only work in the field you graduated it, in some case, with the economy these days it is hard to be picky when it comes to a job.

Let me know if you need help with forms, send me a message. Maybe I can help. I recently file for AOS because i got married with my Mr. Right and I have been in the US for like 10 years now (started off just going to school here, but eventually getting JOB after i graduate). I mailed my package out on May 25th and today I got all my I797C showing that department of homeland security has reviewed the documents i submitted. Yay!

You don't need to have joint utilities and bank accounts to file for your Adjustment of Status. If you come in on a K1 (Fiance) you have to marry...period and then you can file for AOS. I think you're confusing the need to prove a legitimate, ongoing marriage when you file for something called Removal of Conditions which is 2 years down the road. Then you are trying to establish proof pof an ongoing joint relationship wioth things like joint finances, housing leases or mortgages, bills etc....but that is a ways away

To the OP....take a look at the Guides - they are extremely helpful in listing what you need for each stage. I'm sure you can find tons of similar situations here ...good luck

[Krikit 1,163]

You don't need to have joint utilities and bank accounts to file for your Adjustment of Status. If you come in on a K1 (Fiance) you have to marry...period and then you can file for AOS.

I'm thinking they're responding that way because they're adjusting from a totally different visa.

once he file for AOS for you, he will also need to turn in an application for work permit at the same time.

Just so the OP doesn't get confused, it will not be her husband who files the AOS. It has to be done by the beneficiary.

[Hugglebuggles 60]

The biggest hurdle would be trying to find an employer in the US willing to hire you and support your application for a TN. Thanks to the poor economy and high levels of unemployment in many areas of the country, there is a lot of competition out there for jobs, no matter what field you are in.

For what it's worth, I faced a similar struggle when I decided to file for a K-1 and move to the US. When my husband and I became engaged I was still in school perusing my BA. Since my main purpose for relocation was to get married and live with my husband, we ultimately decided that a fiance visa was the best idea for us. In the end I'm very sure we made the right decision. My visa was approved before my graduation, and I was able to finish school in Canada, get married, settle into life in the US, and then start a new job when I was completely ready.

Good luck with whatever you decide!

[Krikit 1,163]

Welcome to VJ, Red_Dahlia.

[BelleSade 3]

My fiancé tried to get a work visa for an entire year (and not in a common field, mind you), and all failed. I wouldn't suggest it. The economy is pretty bad and companies don't really want to sponsor a foreigner.

[Krikit 1,163]

The problem is they have to provide justification for hiring outside the country. And that's pretty hard to do right now with the unemployment rate.

[Red_Dahlia 0]

Thanks for the answers everyone - and thanks for the warm welcome!

I've been reading the guides and the postings and it's been quite helpful.

One more question. Once I have the K1 Visa, it says I may enter the US any time within six months of the visa being issued. Thereafter I have 90 days from the point of arrival to get married and file for the AOS. I've read postings where it stated that I can get married ANYWHERE in the US including Hawaii, the US Virgin Islands, and Puerto Rico. However, I've been advised that receiving the marriage certificate can take anywhere from 4 - 6 weeks depending on the jurisdiction. Does anyone have any experience with this?

Since it's clear that once I enter the US with a K1 visa I have to apply for an AP before I can travel outside of the US, my fiance and I wanted to just combine the ceremony and honeymoon into one.

[Krikit 1,163]

A lot -- if not most -- of us on K-1 visas married in a civil ceremony to fulfill the 3 month requirement and get the AOS started, and then had the religious/formal wedding at a later date. If you do this at a courthouse (which was quite a nice ceremony in my case) you can obtain a copy of the certificate on the same day.

[Wishing 1]

Hi!

I was in US for 6 months last year on a TN visa working...I had an easy time finding a job but that was only because I am in a very, very high demand field (health care). The licensing process however was something else, don't even let me get into that!

So...now I'm back in Canada and we are going the K1 visa route. All in all, I wish we had been ready to do the K1 earlier, but we weren't and therefore went on the TN visa first, partly to be closer for a while. When it came down to it partly because of the dual intent stuff we decided it would be best for me to come home and then do the K1 visa route. So I would definately recommend just going ahead for the K1 if thats what you guys are ready for! Get is all done in one swoop! If you have more questions about the TN feel free to PM me:)

[warlord 72]

Well first off it's a TN status. It is not a visa at all like the H1Bs. Saying the wrong thing to a border guard could get you on the bad side (like what once happend to me).

Now just as long as you have no intent on marriage or anything when you apply for a TN status, then you can go that route. If you have any intent then you must go through the finance route if you are enganged. If you remain just dating when you apply for the TN, then you can try that method. The officers though then would make a decision if you have intent or not and either deny or approve your TN status.

H1B's have a cap that gets lifted every few years, usually that cap is in Sept or Oct. So you really need to find out when that occurs so you could apply. This isn't the most desirable method to go through if you qualify under a TN catagory. In fact anyone that qualifies for a TN status should go that route without ever needing to ever apply for a H1B.

With the TN status. It is easier and a much better status now then when I was on it. It is now a 3 year status (compared to a 1 year status) before it ends and you need to apply for a new TN. 3 years gives you a lot of time that if you do get married, you should have enough time to apply for AOS. On the yearly one like me, things had to be timed very accuratly and it was a bit stressful.

So basically ask yourself this:

Do you intend on marriage? If so, it's the finance visa route

Do you just intend on just dating? If so maybe a TN would be better

Do you intend on dating and then eventually getting married? Tricky one, and it may be tricker to convince the IO that as well if you try for a TN status.