Quickest route to work authorization?

XPeter3994 · March 23, 2017

Hello all,

Stumbled upon this forum recently and have learned a lot about the immigration process! Hoping that I could get some advice on my situation:

My girlfriend and I have been dating for almost 5 years, she is a Canadian citizen and I am an American citizen. We're both college educated - I have a job in New York, and she is graduating this spring. We were initially investigating the TN-1 route, but she has had little luck applying for jobs here (Smart girl, chemical engineer, just no dice). As far as I can tell, this leaves us with two options: the CR-1 visa, and K-1 visa.

Although I am fine with supporting her indefinitely, she's worked hard for her degree and understandably wants to get a job in her field as soon as possible. From the information I've gathered online, the steps below would be the quickest route to a work permit (1 year by my estimate), but please let me know if I'm wrong:

1) Get married in Canada

2) Come back to the US, and file the I-130 (Question here: Could we legally get married in Canada, come back together to the US, and then file the CR-1 petition while she is visiting here? I know that Canadians are allowed to stay in the US for 180 days and can visit while the I-130 is processing, but I'm not sure if we can file while she is physically in the country)

3) Have her live with me during the summer, and then go back to her parents until the visa is done processing

4) After her visa is granted, she comes to the US and begins applying for jobs

One thing to note: She did an internship here on a J-1 visa and has a social security card/number, not sure if that changes anything.

Any advice is appreciated!

Ben&Zian · March 23, 2017

Each way has it's own benefits and negatives.

CR-1, takes about 10-12 months, but she would have a green card upon entry to the US after approval, which means she could then work.

K-1 takes about 5-7 months; but then you have to apply also for adjustment of status and work authorization which can take anohter 3 months before she gets it.

As to her visiting/staying with you while either of these options are processing, yes she can. She just needs to enter the US the same way she always has, being honest and upfront about her trip and show ties that she does plan to return when her trip is over. It is always up to the immigrations whether to allow entry or not.

No, her doing a J-1 and having a SSN doesn't make any difference really (my partner had 2 J-1's and has had a SSN for several years, it did not have any effect on our process so far, good or bad).

The choice honestly is up to the two of you which you prefer; but nothing is quick or fast and it takes time.

Review the guides here for any further information regarding the visa options:

http://www.visajourney.com/content/k1guide

http://www.visajourney.com/content/k1flow

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