US/CAD Spouse Question

[kf21 0]

Hi all, not sure if this has been asked before but thought I'd give a try to get your thoughts. Also I understand that your responses shouldn't be taken as legal counsel but would welcome your thoughts/ideas/previous experiences.

 

I am a US/CAD dual citizen. My wife (just married ~8 months ago) is a CAD citizen. We have both been living in Canada for the last ~15 years. 

I will be moving to the USA upon taking a job in the next few weeks. We plan on staying their "temporarily" (ie. 3 years) before moving back to Canada. We also have strong ties back to Canada (families, bank accounts, assets, etc. all here).

 

Upon getting the job offer a month ago, we thought about our options, which were:

- Wife to move over with me on a TN visa (she's a CPA and we understand that is covered) when she gets a job offer

- Start the process of getting a K-3 visa but we worried that could take some time and didn't want to be apart for very long

 

My questions are: 

- Does anyone know what her chances of getting a TN visa are (given I would technically be living there already as a US citizen) and if she could even get one while she is in the process of a K-3 visa application?

- If she is in the process of waiting for her K-3 visa, can she come to visit me on a visitor visa?

 

Would welcome any thoughts! 

 

[Danni.B 37]

Hi @kf21 Congratulations on getting a new job in the US! My fiance is a dual citizen as well. He lived in Canada his entire life and just moved to LA in Feb this year. I have been visiting him from Vancouver every single month while waiting for my K-1 Visa. I don't know anything about TN Visa. But I'm 100% positive that she can visit  

[Cyberfx1024 7,980]

13 minutes ago, kf21 said:

Hi all, not sure if this has been asked before but thought I'd give a try to get your thoughts. Also I understand that your responses shouldn't be taken as legal counsel but would welcome your thoughts/ideas/previous experiences.

 

I am a US/CAD dual citizen. My wife (just married ~8 months ago) is a CAD citizen. We have both been living in Canada for the last ~15 years. 

I will be moving to the USA upon taking a job in the next few weeks. We plan on staying their "temporarily" (ie. 3 years) before moving back to Canada. We also have strong ties back to Canada (families, bank accounts, assets, etc. all here).

 

Upon getting the job offer a month ago, we thought about our options, which were:

- Wife to move over with me on a TN visa (she's a CPA and we understand that is covered) when she gets a job offer

- Start the process of getting a K-3 visa but we worried that could take some time and didn't want to be apart for very long

 

My questions are: 

- Does anyone know what her chances of getting a TN visa are (given I would technically be living there already as a US citizen) and if she could even get one while she is in the process of a K-3 visa application?

- If she is in the process of waiting for her K-3 visa, can she come to visit me on a visitor visa?

 

Would welcome any thoughts! 

 

First off please read up about the K-3 visas. They are almost hardly ever given out at all. If you try to file for a K3 visa, it will more than likely revert to a CR1 visa. The current timeline for a CR1 visa is about 1 year until visa in hand. 

 

If you don't want to be apart your wife can come visit you with no problem, but she has to can not stay longer than what they give her at POE. 

[geowrian 22,344]

K-3 visa is obsolete. The I-129F will almost certainly be administratively closed, with the I-130 remaining open (allowing the beneficiary to apply for a CR-1 visa). ETA: 12-14 months. If you have already started down that path (submitted an I-129F), then that's fine...just expect it to be closed eventually. If you haven't submitted that yet, then save yourself the stress and money.

 

While she can get the CR-1 visa to live in the US, she will abandon LPR status once she moves back to Canada.

Edited May 26, 2017 by geowrian

[kf21 0]

7 hours ago, cyberfx1024 said:

First off please read up about the K-3 visas. They are almost hardly ever given out at all. If you try to file for a K3 visa, it will more than likely revert to a CR1 visa. The current timeline for a CR1 visa is about 1 year until visa in hand. 

 

If you don't want to be apart your wife can come visit you with no problem, but she has to can not stay longer than what they give her at POE. 

@cyberfx1024

 

Thanks a lot. It seems that even though K3 visas are virtually obsolete, the USICS specifically told me on the phone that it was still an easier route. Now I understand the administrative complications and have a clearer picture. 

 

 

 

[kf21 0]

7 hours ago, Danni_xo said:

Hi @kf21 Congratulations on getting a new job in the US! My fiance is a dual citizen as well. He lived in Canada his entire life and just moved to LA in Feb this year. I have been visiting him from Vancouver every single month while waiting for my K-1 Visa. I don't know anything about TN Visa. But I'm 100% positive that she can visit  

Thanks @danni_xo ! 

 

Had we have known that this move to the US was happening, we would have gone the K-1 route while we were still engaged. That ship has now sailed and it seems the K-3 visa also has...

 

The TN visa is a NAFTA temporary work visa that allows citizens of Canada and Mexico to work temporarily (meaning it is not dual-intent and the visa holder doesn't intend to apply for a green card). There are certain job certifications that are covered by the visa (ie. professional certifications) and we thought that would be the easier route if we only plan on living in the US for ~3 years. 

 

 

[Finayyy 14]

7 hours ago, kf21 said:

Thanks @danni_xo ! 

 

Had we have known that this move to the US was happening, we would have gone the K-1 route while we were still engaged. That ship has now sailed and it seems the K-3 visa also has...

 

The TN visa is a NAFTA temporary work visa that allows citizens of Canada and Mexico to work temporarily (meaning it is not dual-intent and the visa holder doesn't intend to apply for a green card). There are certain job certifications that are covered by the visa (ie. professional certifications) and we thought that would be the easier route if we only plan on living in the US for ~3 years. 

 

 

I've worked under the TN status for 3 years.

 

The issue is that if you're crossing back and forth with your spouse and they question the relationship between you and spouse, they could possibly deny you entry. If you apply for CR1 or K3 (basically obsolete) and TN at the same time, they will most probably deny you the TN as they'll see that there is a pending application. The TN states that you have no intent to immigrate to the US and if they have doubt that you're living there with your spouse, they will deny you easily.

 

For this reason, I decided to leave the country and apply for CR1 as I didn't want any issues. 

 

Adjustment of Status is pretty much out of the question also.