need help with immigration for my husband

[squidleet 0]

My husband and I got married two years ago. I am an American citizen, but have been living in Canada for the past three years as a permanent resident. Opportunities have arisen recently that make moving back to the states a really good idea. So, now we're trying to figure out the fastest way to get him able to work legally since we would both like to, and are both used to working. we have filled out I-130 form and are planning to submit the i-129f form to get a k-4 visa so he can start working, we just want to make sure that we are choosing the most suitable path before we pay the fee and submit the paperwork.

thanks for the help!

[canadian_wife 1,831]

No, for working purposes do not submit the I129F for the K3 visa. If issued, this does not allow for work in the US.

If you stick on the path you are on, an Ir1 visa should be issued after the interview in Montreal.

For now, do nothing but wait.

good luck

[Boiler 47,494]

Takes about a year fyi.

[squidleet 0]

From here :

Immigration law allows the alien spouse of a U.S. citizen and his or her minor children to be admitted to the United States as nonimmigrants while they are awaiting the adjudication of a Form I-130 Petition for Alien Relative. It also allows them to obtain employment authorization while they are waiting.

Upon admission, K-3 and K-4 nonimmigrant visa holders may obtain employment authorization. They can obtain evidence of eligibility to work legally in the United States by filing Form I-765, Application for Employment Authorization. Upon filing an application for adjustment of status, K-3 and K-4 nonimmigrant visa holders may also apply for employment authorization based on that pending application even if the K-3 or K-4 nonimmigrant status expires.

Does this not mean that he can get a job this way?

[Boiler 47,494]

From here :

Does this not mean that he can get a job this way?

Very few K3's go the distance, but lets say yours did, yes he could get Work Authorization eventually but it is a longer process than the IR1.

I thought your focus was him immigrating with work authorization?

Edited September 22, 2015 by Boiler

[canadian_wife 1,831]

If your focus is work, the follow the Cr1 path.

Yes, a K3/4 can work, but it is more hassle where as the Cr1 allows for immediate work

what is your focus here?

good luck

[squidleet 0]

Okay, so the k-3 is probably not the way to go then, since we do want him to work as soon as possible. So, full disclosure, I have a friend that could get him a job where he works, if it were legal for my husband to work in the states. So, yeah, him working asap is the goal (legally, of course, no one will give him a job while he's still an icky Canadian =P )

Going to look up the Cr1 now, to see what that entails. (Any further comments or suggestions are, of course, welcome)

[Boiler 47,494]

What sort of job?

Ir1 you have been married 2 years.

Edited September 22, 2015 by Boiler

[squidleet 0]

We don't think it's something he'd qualify for a work visa. He has five years of experience as tech support, and this job would be doing a similar type of work, but for a better company than where he is now.