Looking for suggestions for my situation

[SWebner 1]

Hello everyone and thank you in advance for your advice! 

 

I am looking for the best way to gain PR status and reunite with my family given the following circumstances:

 

- I am Canadian currently working/living In Canada (travelling to USA to visit family when work alloes)

- wife of many years is USA citizen currently living in a place I am renting in the USA

- wife is not working/taking care of children

- I have been accepted for a job based in the USA that is willing to sponsor me for a work permit granting me the ability to travel to the USA to work (oilfield work 20 days on with Days off after). Still awaiting my work permit. 

___________________________

 

Would I be able to apply for change of status once I arrive in the USA under my work permit? 

 

Should I just apply for CR1/IR1 and use my job as my means of support on the affidavit of support? 

 

Thank you immensely for any advice!

 

 

 

 

[JFH 12,189]

If your wife is a USC then just go the spousal visa route. Much easier, no adjustment of status required, almost guaranteed to be approved (assuming you are not generally inadmissible, which it doesn’t appear that you are).

 

Not all work visas are dual intent - so it would be fraudulent to obtain a non-immigrant visa that does not have dual intent with the specific intention of adjusting status. 

[JFH 12,189]

Your wife has to be the sponsor for a spousal visa, even if she has no income. You can use a joint sponsor if that’s the case. 

*~*~*moved to “what visa do I need”*~*~*

[SWebner 1]

7 minutes ago, JFH said:

If your wife is a USC then just go the spousal visa route. Much easier, no adjustment of status required, almost guaranteed to be approved (assuming you are not generally inadmissible, which it doesn’t appear that you are).

 

Not all work visas are dual intent - so it would be fraudulent to obtain a non-immigrant visa that does not have dual intent with the specific intention of adjusting status. 

 

Thank you very much for this.

 

Would I be able to use my source of income as means of support though? Whether that is my current employment or my new job?

 

In either case, either source of income will continue if I were granted PR status. My Canadian job just requires that I travel back to work as I currently am doing.

[Boiler 43,437]

Which visa is your Employer sponsoring you for, difficult to comment without knowing that.

[geowrian 22,335]

4 hours ago, SWebner said:

Would I be able to apply for change of status once I arrive in the USA under my work permit? 

Depends on the visa.

For example, a TN does not permit immigrant intent - you cannot use it to enter the US with intent to stay/adjust status. An L visa would not be an issue for this.

[carmel34 3,531]

Your US citizen wife will need to be your sponsor for US immigration.  The applying immigrant/beneficiary's income cannot be used.  Sounds like you'll need a co-sponsor for your plan to work.  And ask your company if the US work permit they are getting for you is dual intent (allows for adjustment of status in the US).  Good luck!