Quickest Route for Canadian husband to Move to US and Work

[Chani32 0]

Hi

I moved from the US almost 7 years ago with my Canadian husband to live in Vancouver. Now, we are ready to leave all the rain behind and move back home to Georgia. I have one child who is a dual-citizen.

I want to know what is the fastest way to get my husband permission to live and work in the US. I am a stay-at-home mom and he is a software engineer. He has already been in touch with interested companies, but thinks it will be much easier to get hired if his work does not have to sponsor him. We were married in the US.

Can I file though the Vancouver consulate? Or will we be sent to Montreal?

K3 or IR1?

Thanks!

[canadian_wife 1,795]

http://www.visajourney.com/content/i130guide1

IR1 is the way to go, see the guide above!

Welcome (back) to Georgia!

Good luck

[Inky 1,110]

The only place that does spousal interviews is Montreal.

The medical can be done in Vancouver, Toronto or Montreal.

[grrrrreat 109]

Hi

I moved from the US almost 7 years ago with my Canadian husband to live in Vancouver. Now, we are ready to leave all the rain behind and move back home to Georgia. I have one child who is a dual-citizen.

I want to know what is the fastest way to get my husband permission to live and work in the US. I am a stay-at-home mom and he is a software engineer. He has already been in touch with interested companies, but thinks it will be much easier to get hired if his work does not have to sponsor him. We were married in the US.

Can I file though the Vancouver consulate? Or will we be sent to Montreal?

K3 or IR1?

Thanks!

The K3 visa is obsolete. Formerly, IR-1 visas took several years to process, so the K-3 was a temporary stopgap measure. Now, they take the same amount of time, and the IR-1 is simpler and cheaper. If he gets an IR-1, he obtains a Green Card as soon as he enters on it, and can begin working immediately.

As for which is fastest: if your husband can qualify for an H1-B visa, sometimes employers can obtain those far faster than the gov't processes IR-1 visas. IR-1s can take several months if not more than a year. If your husband gets a job and can get a H1-B pretty quickly, then you can even adjust status and get a Green Card for him once you are in the U.S.

On the other hand, if you make it clear that you are a U.S. citizen living abroad and are petitioning from there, sometimes USCIS will process the spousal petition pretty quickly (as in, just a couple months as opposed to more than 5-6.) It's just hit and miss. You might consider a dual strategy--start the IR-1 process now, and have him continue working for good U.S. jobs that he thinks can get him a H1-B. Then, whichever works out first is the winner. If you get the H1-B, you lose the money you put down on the spousal petition, so it's really up to you.

[configuration 2]

Can he obtain work (i.e. have a job offer in hand) before you move? If so, a TN-visa may be a quick option for now. Maybe others can correct me on this, because I'm not sure if you can adjust status to permanent residence from a TN visa, or if they will give your husband a TN visa if you already have a pending I-130 petition on his behalf.

[Inky 1,110]

Can he obtain work (i.e. have a job offer in hand) before you move? If so, a TN-visa may be a quick option for now. Maybe others can correct me on this, because I'm not sure if you can adjust status to permanent residence from a TN visa, or if they will give your husband a TN visa if you already have a pending I-130 petition on his behalf.

Spousal visas grant the green card on entry and they can work as soon as they have an SSN with the stamp in their passport.

[configuration 2]

Spousal visas grant the green card on entry and they can work as soon as they have an SSN with the stamp in their passport.

I'm aware of that. OP wants to know if there is a quick way for her husband to be able to live and work in the US. My suggestion was a way for him to do so without waiting 8-10 months for a IR-1 visa.

[grrrrreat 109]

Can he obtain work (i.e. have a job offer in hand) before you move? If so, a TN-visa may be a quick option for now. Maybe others can correct me on this, because I'm not sure if you can adjust status to permanent residence from a TN visa, or if they will give your husband a TN visa if you already have a pending I-130 petition on his behalf.

I mentioned the H1-B visa because it is dual-intent, and you can still get it if you are intending to immigrate. The TN visa is not dual-intent, so there may be problems getting it with a pending I-130. Not sure if it would affect adjusting status after admission, it may just depend on whether a consular official asks you if you have intent to immigrate when you get the visa.

[Krikit 1,163]

Moving from K-3 Process to IR-1/CR-1 Process. You will want to check out the pinned topic in the Canada Forum about proving domicile in the U.S. The Montreal Consulate is very strict about this.

Link to Canada Forum

^^You will find lots of helpful information here. Welcome to VJ.

[JulieB 0]

On the other hand, if you make it clear that you are a U.S. citizen living abroad and are petitioning from there, sometimes USCIS will process the spousal petition pretty quickly (as in, just a couple months as opposed to more than 5-6.) It's just hit and miss.

This line really got my attention....

How would one make it clear that the US Citizen spouse is living abroad other than indicating it through the listed address on the I-130 form??

Thanks )

[grrrrreat 109]

This line really got my attention....

How would one make it clear that the US Citizen spouse is living abroad other than indicating it through the listed address on the I-130 form??

Thanks )

No one really knows because USCIS hasn't released any information about why some people filing from abroad are processed faster, but you can read this http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

[Chani32 0]

Please excuse my total lack of knowledge on this, but what about if he was able to get a job, but they won't sponsor. How long would it take to apply from within the US?

He spent 7 years in the US under the TN before we moved to Vancouver. He does have a SSN. Can that speed things up?

Thanks for everyone's help!

[sheeshkabelle 153]

Please excuse my total lack of knowledge on this, but what about if he was able to get a job, but they won't sponsor. How long would it take to apply from within the US?

He spent 7 years in the US under the TN before we moved to Vancouver. He does have a SSN. Can that speed things up?

Thanks for everyone's help!

It would actually take longer to apply from inside the US. Chances are that his six months of 'visiting' would run out before you complete the whole process, making him have an overstay.

Having a social security number makes no difference.

I would file a CR-1 from Canada ASAP.

You will then have to figure out the logistics of getting a co-sponsor in the US to sponsor your husband, and proving US domicile.

[JulieB 0]

No one really knows because USCIS hasn't released any information about why some people filing from abroad are processed faster, but you can read this http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

Thanks! Long post to read but great info!!!

[grrrrreat 109]

Please excuse my total lack of knowledge on this, but what about if he was able to get a job, but they won't sponsor. How long would it take to apply from within the US?

He spent 7 years in the US under the TN before we moved to Vancouver. He does have a SSN. Can that speed things up?

Thanks for everyone's help!

It still may take several months.

If he entered the US (such as on the visa waiver program), he'd have to adjust status to become an LPR (green card). He can submit an application for an employment authorization document at the same time he submits an application to adjust status, and sometimes the EAD is approved shortly before the LPR is approved (sometimes a few weeks, sometimes a few months, some people never get it before they receive the LPR card). He needs either the EAD or LPR to work. By this route, it would still take a few months to get the EAD. He also couldn't leave the US before an advance parole is received, which also takes a few months (can be expedited for emergencies).

He's not supposed to enter on the VWP with the intent to immigrate. If he's entering with the intent to immigrate, he's supposed to get the CR-1/IR-1 visa. Some people have entered and successfully adjusted status, but there are risks. You can't lie to the border officer or you risk a very long bar from entering, so sometimes it depends on if the border officer questions you about your intent. Certainly if immigration finds out he had a job lined up before he entered on the VWP, that could spell real problems.

SSN and the prior TN visa really don't have anything to do with it.

There's a good chance that a petition for CR-1/IR-1 could be adjudicated relatively quickly for you, so consider going that route.

It would actually take longer to apply from inside the US. Chances are that his six months of 'visiting' would run out before you complete the whole process, making him have an overstay.

Having a social security number makes no difference.

I would file a CR-1 from Canada ASAP.

You will then have to figure out the logistics of getting a co-sponsor in the US to sponsor your husband, and proving US domicile.

If you apply to adjust status before your authorized status ends, there's technically no overstay. Your status is protected as long as you have an adjustment of status application pending.