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mignaci0

US citizen dating Canadian citizen going through divorce, want Canadian to move to US -- HELP!!

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Hi All,


I have been trying to do my research on the many different situations however it seems as though mine is a bit more complicated. I am currently dating a Canadian citizen and she is in the process of going through a divorce that should be finalized by May 2017. We really wanted for her to move to the U.S. within the next couple of months (October or November 2016). Evidently I know that marriage is the easiest way to get her to live here in the U.S. long-term but her divorce status will prevent that. We're pretty much not wanting to do the long-distance situation and want to be here in the near future, not wanting to have to wait more months. Moving forward, what are our options? A couple questions come to mind...


1. If she comes to visit long-term (I believe she is allowed to stay 6 months in a duration of 1 year?), is she allowed to look for work in that time she is here and then convert to a working visa if she is successful?

2. If we decide that we want to do the fiance visa, will we only be able to apply for this after her divorce is complete?

3. If she comes for 6 months, could we apply for the fiance visa to extend her allowable time to be in the U.S.?

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1. No, if she comes to VISIT she is not allowed to WORK. If she wants to work, then she needs to find a job that will sponsor her for a work visa. I just typed in "Can I obtain a work visa on a B2?" and got "You cannot seek for employment while you are in US on B1/B2. If you get job offer, then US employer has to file Petition first for you. "

2. Yes, BOTH parties have to be legally able to marry to apply for the fiance visa. The only time that people have filed while they couldn't TECHNICALLY get married, were those who had two month wait times, as by the time the application would be adjudicated, they would be free to marry.

3. Are you asking to extend from the six months that she's already in, or asking if she was approved would it be an issue that she had been in the country for six months already? The first, no it won't extend her already being in the US. She will need to go back to Canada at some point for the interview, as for the second, yeah if she stayed in the US for six months, then tried to come in with an approved K-1 there shouldn't be an issue as it's a separate visa from the tourist visa.

Your case isn't that much different than anyone elses.


You don't have to answer, but how long have you been dating? You say you don't want to have to do the long distance thing which is something all of us go through, and you're from a country that is sooo much easier to have a long distance relationship with than most. The fiance visa isn't meant to be a visa that allows you to "see how it works", while a lot use it that way, be careful on using it like that.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013
 

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Met online: June 2010
Started dating: March 20, 2013
Engaged: November 27, 2014
Married: Feburary 20, 2016



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05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

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1. No, if she comes to VISIT she is not allowed to WORK. If she wants to work, then she needs to find a job that will sponsor her for a work visa.

2. Yes, BOTH parties have to be legally able to marry to apply for the fiance visa. The only time that people have filed while they couldn't TECHNICALLY get married, were those who had two month wait times, as by the time the application would be adjudicated, they would be free to marry.

3. Are you asking to extend from the six months that she's already in, or asking if she was approved would it be an issue that she had been in the country for six months already? The first, no it won't extend her already being in the US. She will need to go back to Canada at some point for the interview, as for the second, yeah if she stayed in the US for six months, then tried to come in with an approved K-1 there shouldn't be an issue as it's a separate visa from the tourist visa.

Your case isn't that much different than anyone elses.

You don't have to answer, but how long have you been dating? You say you don't want to have to do the long distance thing which is something all of us go through, and you're from a country that is sooo much easier to have a long distance relationship with than most. The fiance visa isn't meant to be a visa that allows you to "see how it works", while a lot use it that way, be careful on using it like that.

Thanks for the quick responses!

1. Understood.

2. Understood.

3. So if I understand correctly she would have to go back to Canada after the 6 months, get the K-1 and then come back to the US? If this is correct, would she have to wait another 6 months to come back with the K-1?

I realize the implications for the fiance visa in that it's not to test the waters on a relationship. I would certainly not go through this trouble for somebody I wasn't sure I was going to marry in time. Given the complicated circumstances of safety with her divorce and just generally wanting to be with each other permanently, we wanted to go through with her moving to the states. Her being able to work also obviously being a consideration to take into account.

I appreciate the help!

Edited by mignaci0

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Moving to Canada might be an option?


 

 

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Thanks for the quick responses!

1. I know she would be required to get a working visa, but my question is if she comes for the 6 months if in that time she would be able to look for work which will sponsor her, and then get that working visa

2. Understood.

3. So if I understand correctly she would have to go back to Canada after the 6 months, get the K-1 and then come back to the US? If this is correct, would she have to wait another 6 months to come back with the K-1?

I realize the implications for the fiance visa in that it's not to test the waters on a relationship. I would certainly not go through this trouble for somebody I wasn't sure I was going to marry in time. Given the complicated circumstances of safety with her divorce and just generally wanting to be with each other permanently, we wanted to go through with her moving to the states. Her being able to work also obviously being a consideration to take into account.

I appreciate the help!

1. MOST job applications ask the person applying if they're legally able to work in the US. That answer is no. Ideally she shouldn't even be LOOKING for jobs. There are generally work visa limits, you can't just get a work visa in a lot of cases. Does she have any special skills? Bachelors degree? Something that would make her MORE hire able than anyone living in the same state/region as where you are? She won't be able to say, go to Macy's and apply for a cashier job and expect Macy's to start her on a work visa.

I'm also not 100% if she can try to obtain a work visa WHILE in the US on a B2 visa. I believe she may have to have the company she wants to work for apply for her to COME INTO the US. There MAY be a way to adjust status to a work visa, but I'm not 100% and if you can, I can't believe it's easy at all. I believe that if she wants to work in the US, it'll be almost exactly like the fiance visa, where she has to go BACK to canada for an interview at the consulate, then wait for her passport and visa.

Also look at this long term, her coming in to stay for six months on a visitors, then trying to find someone to sponsor her for a job, say she goes back to canada for the interview and gets it somehow (I don't see it happening), then she gets married, it looks like she's just skirting around the system to... do exactly what you said, be here with you for longer because ya'll don't wanna be apart. To USCIS, it looks like she just wants to live in the US, and exclude you from the picture.

3. Ya'll could apply for the fiance visa, but make sure she goes back to Canada for the Medical appointment and interview, then she'll have to stay in canada until she has the passport back in hand and THEN she can come back into the US. I've seen some people do that, where the Canadian beneficiary goes back to Canada for a month or two usually after the petition I-129F had been approved, to do medical and interview, then comes back once they have the passport back in hand.

She -has- to go back to Canada to do her medical and interview. Visa's are not for staying in the country (that's visa extension), they're for coming INTO the country for X reason.

It's not easy to simply live in the US. This is done on purpose by USCIS. You're still looking at a long time of being together permanently no matter what route you take, including moving to Canada, as it could take just as long to approve to get you there.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013
 

Spoiler

Met online: June 2010
Started dating: March 20, 2013
Engaged: November 27, 2014
Married: Feburary 20, 2016



The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail

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Couldn't edit the above.

But your best options are for you:

To either move to Canada

or

Have your fiance to come visit for a while (since you don't want to do a long distance relationship), apply for the I-129F when she is legally marriageable (divorce finalized), have her go back to Canada to complete her medical and interview, wait for her to get her passport with the visa back (assuming she gets approved), have her come back into the US, marry, then apply for adjustment of status for a green card.

I think trying to add in a her working in the US by seeking someone that will give her a work visa WHILE she's in the US is going to cause you more problems than help you.


Also, does she need to be present for her divorce proceedings? You want to make sure she stays to do that if she does. If her safety is an issue, you don't want to give her ex any fuel by her leaving the country to be with her new lover.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013
 

Spoiler

Met online: June 2010
Started dating: March 20, 2013
Engaged: November 27, 2014
Married: Feburary 20, 2016



The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail

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Is she eligible for a TN?

If she is, she needs to start looking for a job now, as she'll need a job offer and a handful of other documents showing she can enter on TN status.

https://www.uscis.gov/working-united-states/temporary-workers/tn-nafta-professionals


*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013
 

Spoiler

Met online: June 2010
Started dating: March 20, 2013
Engaged: November 27, 2014
Married: Feburary 20, 2016



The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail

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OP, your biggest hurdle is the lengthy divorce proceeding in Canada, or at least that portion of CA. I don't know if it's the same throughout the country. Then, as others said, fastest route is the I-129F.


ROC Timeline!

Service Center : California Service Center

NOA1 : 2017-09-01

Biometrics : 2017-09-28

 

AOS Timeline!

Marriage : 2015-01-10

AOS/EAD/AP NOA1 : 2015-01-20

Biometrics : 2015-02-17

EAD/AP Approved : 2015-03-17

EAD/AP Card Received : 2015-03-27

NPIW : 2015-06-11

AOS Approved : 2015-11-24

GC Received : 2015-12-01

 

K-1 Visa Timeline!

Service Center : Texas Service Center

Transferred? No

Consulate : Frankfurt, Germany

I-129F NOA1 : 2014-03-11

I-129F NOA2 : 2014-08-12

Consulate Received : 2014-09-15

Interview Date : 2014-11-13

Interview Result : Approved

Visa Received : 2014-11-15

US Entry : 2014-12-31

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No the OP's biggest hurdle is wanting to not have a long distance relationship. Yeah divorces in Canada take a while. Especially contested divorces (but contested divorces in the USA can take forever and a day too.)

She can visit you. She cannot live in the USA without some sort of status or visa that allows her to. Even trying to visit for 6 months is pretty risky because she can be denied entry due to presumed immigrant intent. Considering you guys want to do a K1 after she's finally divorced, the CBP wouldn't be making a wrong assumption in that case.

As my cousin wrote in my card he gave me at my wedding, what is a year in a lifetime? As it was we weren't living together even a year after our wedding and yes it sucks and it's hard. But it was the way it was.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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TN sounds the best bet.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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OP what does your fiancé do for a living? The TN visa that keeps being suggested is for specialized workers generally in shortage in the U.S. if you give us more information about her current work situation, a TN might be achievable.

Good luck


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March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


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Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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OP what does your fiancé do for a living? The TN visa that keeps being suggested is for specialized workers generally in shortage in the U.S. if you give us more information about her current work situation, a TN might be achievable.

Good luck

To reiterate, she is not my fiance just yet. However, she works as a recreation coordinator for her current municipality in Alberta. I do not believe this falls into a TN unfortunately.

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To reiterate, she is not my fiance just yet. However, she works as a recreation coordinator for her current municipality in Alberta. I do not believe this falls into a TN unfortunately.

No, unfortunately it doesn't. The answers have pretty much been given. Unfortunately, you need to take a deep breath and relax. She needs a final divorce decree no matter what. Once that is done you have other options. I would forget the whole 6 months visiting thing. It says she has no ties to Canada and probably will get a B2 denial. Go visit her, she can try and visit you. Move to Canada is a possibility. If being away from your gf is the biggest problem then the truth is, you are just going to have to learn patience. I have not seen my fiancee in person in over 8 months and yet we're doing fine.


 
12/31/2015 - New Year's Eve 2015 Engagement
03/19/2016 - I-129F Package sent via Express Mail (Cashier's Check)

03/21/2016 - Notice of Receipt (Text/Email)

03/24/2016 - NOA1 Approval :dancing:

06/13/2016 - NOA2 Approval :dancing:

07/13/2016 - NVC Case received and Case # Assigned. YES!!!! :dancing:

07/19/2016 - K-1 document package arrives Tokyo, Japan Consulate

07/22/2016 - Packet 3 Received and Returned

08/07/2016 - Tokyo Embassy Interview...APPROVED!!! :dancing:

08/09/2016 - Passport & Visa Received from Embassy

09/29/2016 - POE San Francisco, CA

10/28/2016 - MARRIED!

11/09/2016 - AOS Package Received

11/18/2016 - Electronic I-131, I-765 NOA1, I-485 Biometrics Fee Acknowledged.

11/26/2016 - I-131, I-765 NOA1 Letters Received

11/27/2016 - I-485 NOA1 Received

12/14/2016 - Biometrics Done

02/11/2017  - RFE Recieved for EAD

02/13/2017 - Response to RFE Sent for EAD

02/21/2017 - EAD & I-131 Approved

03/01/2017 - EAD/AP Combo Card Received

 

 

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