Canadian married to USC moving to US

[khaag 17]

Hi everyone,

I'm a Canadian and I married my wife, a US citizen in April of this year in Nevada, and then we returned to Canada.

I've recently got a job prospect in the US, and we're trying to figure out the best and fastest method of being able to move to the US and be able to work.

I would normally be able to qualify for a TN visa, but because we're married, I understand that I probably won't qualify anymore because the TN visa is supposed to be temporary, and that isn't our intent. I intend to get my green card.

We are both currently in Canada, so my question is: What is the best and fastest way to legally get into the US and be able to work. My wife doesn't have a job in the states so she can't sign an affidavit of support for me, but her mom would be willing to be a co-supporter.

Thanks in advance for any help!

[Boiler 45,670]

TN

[khaag 17]

I don't think I will be eligible for TN though, because I can't show intent to leave.

[Boiler 45,670]

Not heard of that being asked.

Who can anyway?

[khaag 17]

I mean that because I intend on getting my green card, my intent would be immigration. I've heard that if you are married to a USC, the officers are trained to recognize that as intent to stay in the US.

[Boiler 45,670]

You have discussed your case with a lawyer?

[khaag 17]

I've been in touch with one, yes

[Boiler 45,670]

And they said it was a bad idea?

[khaag 17]

Yes, they said it would likely cause suspicion to commit fraud.

[Boiler 45,670]

I would seek a second opinion.

[NikLR 13,227]

You can try the TN visa or do the CR1 visa route but it can take up to a year (sometimes more) for that. I doubt your job prospect would be willing to wait.

Another idea is to do the TN visa then start the CR1 process but still do the consular processing (going to the consulate in Montreal to have your interview) vs adjustment of status. A reason I might not recommend adjustment of status is you may not be able to work between filing the AOS and getting the EAD (from what I understand,) however I could be wrong and it would be a good question to ask in the AOS from work visa forum!

[Boiler 45,670]

Would remain TN until EAD obtained.

[khaag 17]

What if we sent in I-130 and then I applied for a K3 visa? This would allow me to go to the states while I wait for my green card, correct? Anyone have any experience with this?

[Harpa Timsah 13,258]

What if we sent in I-130 and then I applied for a K3 visa? This would allow me to go to the states while I wait for my green card, correct? Anyone have any experience with this?

K3 is dead and when it was alive it took a year anyway. If that was a good option people would have mentioned it. Job prospect? I also vote for TN. You can stay on TN for a while then see what happens.