Seeking work on Visiting Visa?

[mignaci0 1]

To be clear about a few things...

You keep mentioning "visitor visa". If you're just meaning she comes as a visitor, that's fine, but Canadians (generally) do not need a visa to cross the border to visit.

To directly answer your question, CBP's potential feelings on the matter not withstanding, there's nothing stopping her from job hunting while here as a visitor. But as others have stated, she cannot legally start working while here as a visitor. If she were to find some employer willing to sponsor her, there is no way to magically change from a visitor to worker. She would have to return home to acquire the work visa and then re-enter. Unless she has a very specialized set of skills and education, most employers don't want to be bothered talking to people who aren't currently eligible to work for them. Going by your previous thread where you provide her current employment position, I think you're in for an uphill climb in proving no one in the US could do that job.

I don't mean to pile on, but the other posters have given you the best advice. We all want to have our cake and eat it too. Be patient. The legal immigration road isn't a quick journey. Visit in the meantime when you can and make sure she doesn't overstay or do anything else while in the US that could jeopardize things in the future.

I realized Canadians don't need an actual visa to cross the border to visit but I've previously seen people reference Canadians visiting as a "Visiting Visa" so I guess that's why I said it. I think what we wanted to do was at least have her visit for a few months (obviously avoiding overstaying) and try to look for an employer that will sponsor her, maybe get lucky to find one, go back to Canada to acquire the work visa, then come back. I can already tell it's an uphill battle but I guess it's a matter of just knowing what the options are.

Thank you all for the help and advice.

[Jojo92122 1,924]

Her chances of getting a work visa is zero based on her background as a recreation coordinator.

What work visa are you looking at? If she can't get a TN, then her chances at another work visa is zero.

Even if she qualifies for a work visa, it's would not be an immediate thing. She would unlikely get one until late 2017 at best. You do realize that it takes months or years to get a work visa right?

You are grasping at straws. Be thankful that your girlfriend can visit while her divorce is pending. That's better than most other couples who can't visit.

The only option for you two is to visit each other. Once she gets her divorce, you can proceed with her moving to the US.

Edited September 7, 2016 by Jojo92122

[kzielu 1,147]

Well according to this site: http://www.h1base.com/content/h1boccupations

She would fall under "OTHER Specialty Occupations" for "Other Occupations In Entertainment And Recreation" pertaining to H1B.

Just realize (that's assuming employer in that field is even willing to sponsor which is unlikely) next H-1B visas that she could apply for will be given out in October 2017 - and two last year - since there is a cap on H-1Bs - it ended up be (literally) a lottery (more applicants than visas).

[mignaci0 1]

Just realize (that's assuming employer in that field is even willing to sponsor which is unlikely) next H-1B visas that she could apply for will be given out in October 2017 - and two last year - since there is a cap on H-1Bs - it ended up be (literally) a lottery (more applicants than visas).

Seeming more and more like the quickest/easiest option would be to get married/spousal visa once we're both able to legally marry.

[Jojo92122 1,924]

Seeming more and more like the quickest/easiest option would be to get married/spousal visa once we're both able to legally marry.

That's correct.

[kzielu 1,147]

Just realize (that's assuming employer in that field is even willing to sponsor which is unlikely) next H-1B visas that she could apply for will be given out in October 2017 - and two last year - since there is a cap on H-1Bs - it ended up be (literally) a lottery (more applicants than visas).

Absolutely. Work visa is in this case not very likely - and even if it was, marriage based visa is almost always much simpler solution.

Note that work visas are non-immigrant by nature. If nothing happens (like adjustment of status), when it expires holder goes home. They do not provide any right or path to permanent residence.

[mignaci0 1]

That's correct.

In that case how does that process work? We marry (most likely at a town hall), then I have to apply for a spousal visa? Would she have to go back to Canada at some point with this route?

[afortunada 182]

In that case how does that process work? We marry (most likely at a town hall), then I have to apply for a spousal visa? Would she have to go back to Canada at some point with this route?

You can marry in the US if she enters on the VWP, but then she MUST return home. If she comes on a visiting visa and tries to stay and adjust status, that is immigration fraud and can result in a lifetime ban. But, yes, you can marry and then immediately apply for the spousal visa. It takes about one year to complete.

I'm sorry, but there is literally no way for you to be together during the entire process. If it were that easy, everyone would be doing it and we wouldn't all be suffering with the separation. Again, though, you are INCREDIBLY fortunate that it is so easy for the two of you to visit each other as many couples do not have that luxury!

EDIT: if you do want to go the fiance route, though, you could choose to do that instead and the process is shorter (maybe six months), BUT it is more expensive and she is not allowed to work until you file for AOS.

Edited September 7, 2016 by jacklynriquelme

[mignaci0 1]

You can marry in the US if she enters on the VWP, but then she MUST return home. If she comes on a visiting visa and tries to stay and adjust status, that is immigration fraud and can result in a lifetime ban. But, yes, you can marry and then immediately apply for the spousal visa. It takes about one year to complete.

I'm sorry, but there is literally no way for you to be together during the entire process. If it were that easy, everyone would be doing it and we wouldn't all be suffering with the separation. Again, though, you are INCREDIBLY fortunate that it is so easy for the two of you to visit each other as most couples do not have that luxury!

Thanks! Like I've said, this whole situation is so new to me so I lack all basic knowledge.

[afortunada 182]

Thanks! Like I've said, this whole situation is so new to me so I lack all basic knowledge.

It's totally fine. I did the same thing when I was starting out because I just could not accept the idea that I was going to be apart from my husband for so long! But everyone here is very helpful and gives lots of great information, so it's a great community to be a part of.

[mignaci0 1]

It's totally fine. I did the same thing when I was starting out because I just could not accept the idea that I was going to be apart from my husband for so long! But everyone here is very helpful and gives lots of great information, so it's a great community to be a part of.

I've always heard it was difficult to get this done but never believed it could be THIS hard and time consuming.

[Prystine 184]

I've always heard it was difficult to get this done but never believed it could be THIS hard and time consuming.

Yes, you learn a lot about immigration that most people have no clue about when you have to go through one of the visa processes. It's not easy or for the faint of heart and while being apart it makes it very difficult but everyone here has gone through it or is currently going through it so we all understand the pain of not being able to be with your other half. But you will learn you have to have a LOT of patience with the whole process because its not just a one step thing, you will be dealing with USCIS for years to come as well.

[JFH 12,189]

Please read the guides on this site. They will help you a lot with understanding how the whole process works for each visa type (including employment visas).

[mallafri76 1,012]

I would be careful in applying for jobs until she's authorized to work. The companies she apply with will take time and resources into reviewing her application, potential interview etc only to find out that they can't hire her because she doesn't have work authorization. She could be burning a lot of bridges by applying for jobs when she's not allowed to work. If you want to go down this road, I would make her US status, or rather lack of status, very clear in the application/letter.

[ricnally 258]

I read your other thread as well as this one. I'm wondering why her divorce will take so long, if they've been separated for some time, as you state. Back in Canada, I was separated from my Canadian ex for a few years before we filed for divorce, but once we filed, it was final in 3 months.