Jump to content
clumsden

Non US Resident with Pending Visa Bringing Future Fiance to US

27 posts in this topic

Recommended Posts

Here is the situation/context of the assistance I am seeking... I am a Canadian citizen and I am being considered for a job in Wisconsin in early 2019. As I evaluate the opportunity professionally, I am concerned about the impact personally and I am trying to get an assessment on what steps/what chance of success/how long equation to determine next steps and how serious I am about this.

 

Essentially, if it is 1) it's clear what needs to be done (documents, steps), 2) there is a high degree of success (75% or greater) and 3) the timeline is reasonable (1 YRish) then I should continue to consider this opportunity. However, if 1) it's completely murky what needs to be done (documents, steps), 2) there is a low degree of success (50% or less) and 3) the timeline is long (2 YRS+); it is going to be too disruptive to my personal life and I will excuse myself now from consideration...

 

About my situation: I am current in process of getting a divorce (expected to be granted Feb/Mar 2019) and am getting engaged around XMAS this year to my girlfriend (also a Canadian citizen). She is a soon to be fiance, but she cannot be my wife for at least a few months (the basic city hall/court house). So in summary, I am a Canadian citizen who will be sponsored to work in the US by the firm, and given that she is a Canadian citizen too, and for the next 3-6 months effective Jan 2019, will be my fiance, but not wife, and who is not sponsored to work in the US - do I go for this or walk away?

 

I hope that was clear enough context, variables and detailed information about both to provide the forum with guidance and recommendations...I am open to any and all suggestions. Thank you in advance. :)

Share this post


Link to post
Share on other sites
3 minutes ago, clumsden said:

Here is the situation/context of the assistance I am seeking... I am a Canadian citizen and I am being considered for a job in Wisconsin in early 2019. As I evaluate the opportunity professionally, I am concerned about the impact personally and I am trying to get an assessment on what steps/what chance of success/how long equation to determine next steps and how serious I am about this.

 

Essentially, if it is 1) it's clear what needs to be done (documents, steps), 2) there is a high degree of success (75% or greater) and 3) the timeline is reasonable (1 YRish) then I should continue to consider this opportunity. However, if 1) it's completely murky what needs to be done (documents, steps), 2) there is a low degree of success (50% or less) and 3) the timeline is long (2 YRS+); it is going to be too disruptive to my personal life and I will excuse myself now from consideration...

 

About my situation: I am current in process of getting a divorce (expected to be granted Feb/Mar 2019) and am getting engaged around XMAS this year to my girlfriend (also a Canadian citizen). She is a soon to be fiance, but she cannot be my wife for at least a few months (the basic city hall/court house). So in summary, I am a Canadian citizen who will be sponsored to work in the US by the firm, and given that she is a Canadian citizen too, and for the next 3-6 months effective Jan 2019, will be my fiance, but not wife, and who is not sponsored to work in the US - do I go for this or walk away?

 

I hope that was clear enough context, variables and detailed information about both to provide the forum with guidance and recommendations...I am open to any and all suggestions. Thank you in advance. :)

if you were to get the job, you can only bring the spouse to USA not a fiance, if she is able to come across to visit that is one thing however she would not be allowed to stay in USA as she would only be a fiance.

Share this post


Link to post
Share on other sites

@ Khallaf, thank you. Assuming she would be my wife at some point say mid next year, is it like a long time/complicated process for her to then join me? If I were a US citizen and married a CAD citizen I think that path is clearer but as a CAD citizen, living/working in the US, who is looking to bring his CAD wife to the US to live (at the start, but at some point work too) is that going to be a hellishly long and complicated thing with low chance of success, or is it like easy-peasy, slam dunk?

Share this post


Link to post
Share on other sites
3 minutes ago, clumsden said:

@ Khallaf, thank you. Assuming she would be my wife at some point say mid next year, is it like a long time/complicated process for her to then join me? If I were a US citizen and married a CAD citizen I think that path is clearer but as a CAD citizen, living/working in the US, who is looking to bring his CAD wife to the US to live (at the start, but at some point work too) is that going to be a hellishly long and complicated thing with low chance of success, or is it like easy-peasy, slam dunk?

hahaha nothing about immigration is an easy-peasy slam dunk.

 

it took over 17 months for my husband to get a visa approved to come to the USA, and I was born and raised in America.

 

I do not know the specifics of a work based visa for a spouse, but I can tell you it isn't a fast, easy process, and takes time, money, and paperwork.

 

edit--

 

and Patience lots and lots of patience.

Edited by Khallaf

Share this post


Link to post
Share on other sites

@ Khallaf, that's exactly what I was looking for...17 months and not easy (and expensive)...and you are a US citizen so a Canadian like me is looking at at least that long and more...I don't want to be too gushy/love struck, but I don't want to risk my relationship with her at this critical junction over a job. Hmmm, lots to consider...

Share this post


Link to post
Share on other sites

I see no path for her to accompany you as a fiance.  If you are the holder of an H1b (for example) visa, she could accompany you as your spouse (H4), but she would not be authorized to work.  A Green Card holder can petition for a spouse, but the processing time is about 2 years.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

Share this post


Link to post
Share on other sites
1 minute ago, clumsden said:

@ mushroomspore, 99% sure it would be the H1-B Visa, slim slim chance for the TN Via.

Ok that's what I thought. This is really a matter you should bring up with the company since they will be filing your papers for you and your future spouse's papers depend on yours. Your girlfriend's application is not something separate or something you take on by yourself. Can't provide insight into timing but you can't do anything til your divorce is done and you marry her anyways.

Share this post


Link to post
Share on other sites
4 minutes ago, clumsden said:

@ Khallaf, that's exactly what I was looking for...17 months and not easy (and expensive)...and you are a US citizen so a Canadian like me is looking at at least that long and more...I don't want to be too gushy/love struck, but I don't want to risk my relationship with her at this critical junction over a job. Hmmm, lots to consider...

honestly if you love each other, than really no matter of distance or time, or space will cause a rift in any relationship, as there is a chance she can still come to visit you, and you can go back and forth.

 

my husband isn't coming into USA until Feb 2019 so we are still apart, our relationship was new, and we made it work, it takes love, honesty and respect, as well as dedication when it comes to being miles apart.

 

our distance is over 6K miles, and a travel of at least 19 hours one way... just a thought.

Share this post


Link to post
Share on other sites
5 minutes ago, mushroomspore said:

Ok that's what I thought. This is really a matter you should bring up with the company since they will be filing your papers for you and your future spouse's papers depend on yours. Your girlfriend's application is not something separate or something you take on by yourself. Can't provide insight into timing but you can't do anything til your divorce is done and you marry her anyways.

@ mushroomspore, understood RE: filing and the company's role. Thanks.

Share this post


Link to post
Share on other sites
Just now, clumsden said:

@ mushroomspore, understood RE: filing and the company's role. Thanks.

They will be able to provide better insight into timing and the process of filing for your spouse when it comes time to. I don't believe you have to file with her at the same time. As in, you can get your H1B first and then file for your spouse after marriage. The company's the one with a legal team taking care of all this so it's best to defer to them directly.

Share this post


Link to post
Share on other sites
1 minute ago, Khallaf said:

honestly if you love each other, than really no matter of distance or time, or space will cause a rift in any relationship, as there is a chance she can still come to visit you, and you can go back and forth.

 

my husband isn't coming into USA until Feb 2019 so we are still apart, our relationship was new, and we made it work, it takes love, honesty and respect, as well as dedication when it comes to being miles apart.

 

our distance is over 6K miles, and a travel of at least 19 hours one way... just a thought.

That's true...she seems to be up for it as an adventure; I just want to make sure our experience together is amazing and not seeing each other for weeks or months at a time (when we have seen each other every day for the last year) would be a major adjustment. It's a good job for sure - so something to consider with great seriousness. Thanks for your kind words.

Share this post


Link to post
Share on other sites
Just now, clumsden said:

That's true...she seems to be up for it as an adventure; I just want to make sure our experience together is amazing and not seeing each other for weeks or months at a time (when we have seen each other every day for the last year) would be a major adjustment. It's a good job for sure - so something to consider with great seriousness. Thanks for your kind words.

As Canadians, you'll have a significantly easier time visiting each other during the separation period. I'm Canadian too and I never appreciated it as much as I have until the past year. We don't have to apply for a tourist visa just to come visit the US. Almost everyone else have to and denial rates are high in many places. Lots of other couples literally cannot see each other until the foreigner gets a fiance(e) or spousal visa.

Share this post


Link to post
Share on other sites
1 minute ago, clumsden said:

not seeing each other for weeks or months at a time (when we have seen each other every day for the last year) would be a major adjustment

US immigration is an extreme adjustment for most of us.  Some of us have spent a year or more (some much longer) without seeing our spouses.  It is not a pleasant process.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×