Canadian married to American, can I get a work visa?

[phoenixfire 0]

I'm a Canadian married to an American citizen with a child born here in Canada. Just wondering if there is some way to apply for a work visa to be able to move down there right away instead of doing the long i-130 process. Thanks.

[canadian_wife 1,791]

Unless you are highly skilled and are offered a position with a company already, the I130 is your way to go

Plus, the work visa isn't 'right away' anyway, that takes time (the dual intent ones - you won't be issued a non-immigrant visa with a USC spouse and child)

File ASAP

Good luck

[Jojo92122 1,924]

I'm a Canadian married to an American citizen with a child born here in Canada. Just wondering if there is some way to apply for a work visa to be able to move down there right away instead of doing the long i-130 process. Thanks.

You can not directly apply for a work visa by yourself.

An employer must apply for the work visa. The employer must go through the US Labor Department and certify that no US person is qualified or available to do the job, and that is why the employer needs a work visa for a foreign national.

Generally, US jobs are for US residents. If an employer can't find a US person, then the employer is allowed to bring a foreign national to the US on a work visa. You can certainly understand why the US does not open up its border to any foreign national seeking a job that a US person can do. That is why the employer has to go through so many steps to get a work visa for a foreign employee. It's goes against US interests to let a foreign national into the US on a blanket work visa to look and compete for jobs with people already here.

Your best hope of working in the US is to have your US citizen spouse file an I-130 to petition for you. You can work once you become a legal permanent resident of the US.

---------------------------

http://travel.state.gov/visa/immigrants/types/types_1323.html#petition

Edited March 30, 2011 by Jojo92122

[Jojo92122 1,924]

I'm a Canadian married to an American citizen with a child born here in Canada. Just wondering if there is some way to apply for a work visa to be able to move down there right away instead of doing the long i-130 process. Thanks.

There is nothing that would allow a foreign national to move to the US right away. Whether it is a work visa or immigration visa, the process can take months if not years.

[phoenixfire 0]

Thanks for the replies. We're already going through the i-130 process going on month 6 but still only on the first step.

Does adjustment of status relate to my situation at all? It mentions going through family based petitions concurrently.

[Jojo92122 1,924]

Thanks for the replies. We're already going through the i-130 process going on month 6 but still only on the first step.

Does adjustment of status relate to my situation at all? It mentions going through family based petitions concurrently.

No. Adjustment of Status to a legal permanent resident is only available to certain individuals who are already in the US. Your spouse has applied for you while you are outside the US, so you cannot apply to adjust your status.

The I-130 route to an immigration visa is your only viable route to immigrate to the US. As soon as you get the immigration visa, you can enter the US. You will automatically become a legal permanent resident when you enter the US with the immigration visa. You can get a social security card and start working immediately.

[canadian_wife 1,791]

Sorry no, you started the process outside of the country and you must finish it outside of the country

Like Jojo said, adjustment of status is for people already in the US (like on student visas, work visas, TPS, etc)

I know it is frustrating, we waited 6 months for USCIS alone, good thing is that Montreal now books in terms of weeks...not months like it did before

Good luck

[Harsh_77 716]

I'm a Canadian married to an American citizen with a child born here in Canada. Just wondering if there is some way to apply for a work visa to be able to move down there right away instead of doing the long i-130 process. Thanks.

If you can find one please let me know......

Do you think if there was a way ppl would go thru this painful process?

[phoenixfire 0]

If you can find one please let me know......

Do you think if there was a way ppl would go thru this painful process?

Well I know of the k-3/k-4 visa but I don't think that applies to me any more since my i-130 has been approved but my son has not. Unless i'm wrong on this.

[Harsh_77 716]

Well I know of the k-3/k-4 visa but I don't think that applies to me any more since my i-130 has been approved but my son has not. Unless i'm wrong on this.

K3 is no longer valid, K3s are not done anymore they have to go thru CR1.

Also K3 is not right away, yes it faster compared to CR1.

Edited March 31, 2011 by Harsh_77

[Boiler 43,543]

A Work Visa will be a LOT quicker assuming it is not a H1b for a Profit organisation.

If you have that option, go for it.

[Dakine10 5,452]

I'm a Canadian married to an American citizen with a child born here in Canada. Just wondering if there is some way to apply for a work visa to be able to move down there right away instead of doing the long i-130 process. Thanks.

Being married to a USC does not disqualify you from entering on a non-immigrant work visa, but it does become exponentially harder to convince the CBPO that you do not have immigrant intent. I do know one person who was able to enter the US in Tn status to work after getting married to a USC. I have heard of many others who are denied.

The problem with a non immigrant work visa is that your intent would still be to return to Canada at some point. As Canadian_Wife posted, the work visas that have dual intent take a while to process, so it's generally faster going ahead with the I-130.

[Harsh_77 716]

A Work Visa will be a LOT quicker assuming it is not a H1b for a Profit organisation.

If you have that option, go for it.

Boiler - with i-130 filed and in process even H1B would not approved, as CO would assume he is trying to bypass the i-130 process and then later do a aos.

Being married to a USC does not disqualify you from entering on a non-immigrant work visa, but it does become exponentially harder to convince the CBPO that you do not have immigrant intent. I do know one person who was able to enter the US in Tn status to work after getting married to a USC. I have heard of many others who are denied.

The problem with a non immigrant work visa is that your intent would still be to return to Canada at some point. As Canadian_Wife posted, the work visas that have dual intent take a while to process, so it's generally faster going ahead with the I-130.

I go with you, most cases would be denied, some ppl can squeeze thru and can enter, but that number would be very small.

[Boiler 43,543]

Boiler - with i-130 filed and in process even H1B would not approved, as CO would assume he is trying to bypass the i-130 process and then later do a aos.

I go with you, most cases would be denied, some ppl can squeeze thru and can enter, but that number would be very small.

I have seen quite a few people go with the dual intent work visa, lots of advantages, quicker and somebody else pays and you know you have a job on arrival.

[Harsh_77 716]

I have seen quite a few people go with the dual intent work visa, lots of advantages, quicker and somebody else pays and you know you have a job on arrival.

I think that might work if he was already in US on H1b and then got married and filed i-130 then it might work.

I can tell even in my own case I had got a B1, while my i-130 was in progress, but I had to clearly show I was traveling on B1 for my company (which is a major brand name) and I was not filing for B1 to skip immigration process.

So as long as the OP can show that H1b is for the company and not to circumvent the existing immigration application, which is difficult to do.