Sticky situation

[tonyr7 0]

if you file for a work visa, you will have to wait for a visa number to become available this may take years because only a limited number of visa's are issued each year

however, family based petitions are not subject to availability

as a USC you could approach the consulate in canada i am certain they would have a USC services section

they can advise you on the best course of action without having to pay any attorney fees

I may be wrong but i believe as a usc, you are entitled to some form of assistance from them as an american abroad.

[pushbrk 12,109]

My read of your situation gives the impression your best course of action would be to return to the US as soon as practical and get the medical care you need. Let your husband stay behind and visit as finances and time allow. Concurrently, you can file an I-130 for an immigrant visa for him, either DCF or from the US. DCF might save some time. Also concurrently, your husband can pursue his work opportunities in Georgia, through his employer. They too can sponsor his visa. If he comes on an H1B visa, your I-130 can then be used to adjust status instead of to pursue a visa. Adjusting status to permanent resident is allowed for H1B visa holders but not for visititors in your circumstances.

The suggestion above entails some separation but I imagine you intend to make the well being of your child and self top priorities. Good luck.

[misa 2]

The OP won't be able to DCF since she only has visitor status in Canada.

http://toronto.usconsulate.gov/content/con...igrant_petition

Copies of multiple evidence of the petitioner's & beneficiary's lawful residence in Ontario, Canada, e.g. immigration documents, provincial health card or driving license, lease, utility or banking statements over time. The petitioner must also show a long term visa or other permission from Canadian immigration authorities to reside in Ontario, Canada and have done so for at least 6 months before filing the I-130.

[rebeccajo 14]

I'd like to add that a co-sponsor does not have to be a family member.

[trailmix 77]

if you file for a work visa, you will have to wait for a visa number to become available this may take years because only a limited number of visa's are issued each year

Actually Canadians can apply for a TN (Nafta) visa to work in the U.S., as long a they meet certain criteria. While it is not a cake walk, it takes a few months, rather than years (he just needs an employer to sponsor his application).

Edited August 2, 2007 by trailmix

[Reba 2]

Why not ask the Uncle at the Petrol company to joint sponsor your husband?

Any US citizen or legal resident can be a joint sponsor, it doesn't have to be family even. A friend or acquaintance can also sponsor.

[misa 2]

if you file for a work visa, you will have to wait for a visa number to become available this may take years because only a limited number of visa's are issued each year

Actually Canadians can apply for a TN (Nafta) visa to work in the U.S., as long a they meet certain criteria. While it is not a cake walk, it takes a few months, rather than years (he just needs an employer to sponsor his application).

Canadians can apply at a POE with the required documentation.

The OP's husband already has immigrant intent though so would that not be fraudulent to obtain a TN when his intent is to immigrate?

[desert_fox 32]

Are you sure that the coverage that you have in the US wont reimburse the costs if you receive medical treatment in Canada??

The coverages that I have had provide for this should I be out of the county or out of their service area.

[Acidreign 0]

I appreciate all the many responses. Luckily, and with many prayers, the situation has been rapidly resolved. I spoke with a friend I knew from Yahoo who had a similar situation and referred me to her attorney. Bringing my husband into the U.S. on a visitor visa and then filing for AOS is actually perfectly legal. The only problem would lie in getting over the border. Once that hurdle is crossed, there is no need for us to be separated or to file any other visas. The other woman that I have been speaking with both on the telephone and via messenger was a great comfort. She advises myself and anyone else in an immigration situation not to attempt the paperwork and hassle yourself but to hire a competent attorney. A few thousand dollars and forms filed together got her husband from I-130 to Green Card interview in two months. I'm not expecting anything as quick as hers, but there is no way this has to take a year or more either. That's insane. I'm willing to dole out that kind of cash. I'm not going to let the paperwork and the headaches and the stress get to me right now, especially when I'm pregnant. We are just going to give it all to a lawyer and let it be handled from there.

In addition to this, my husband's company has agreed to hire him on at their Georgia location. We are keeping our fingers crossed about this until we get the reassignment papers in our hands.

Thank you for your responses and I wish each of you the best of luck with your own situations.

[misa 2]

Sorry, but it's not "perfectly legal'. It's fraudulent to enter as a visitor with intent to immigrate upon that entry.

[trailmix 77]

Canadians can apply at a POE with the required documentation.

The OP's husband already has immigrant intent though so would that not be fraudulent to obtain a TN when his intent is to immigrate?

In my opinion, no, I don't think it is. Who knows what his intent is, let's say he received a TN, who is to say if he would ever apply for AOS, they may never bother, they may move back to Canada in 2 years. Just because you want to go and live in the U.S. and you then get a TN visa, I don't think that is necessarily fraudulent?

I don't think that the OP necessarily said they have 'immigrant intent' - they were/are in a hurry and are looking at all options - PR status is generally the first thing that comes to mind, but may not be the easiest.

In any case, (to the original poster) I'm glad you have found a way to proceed, I'm really glad your stress level has been reduced and I wish you both good luck!

Edited August 2, 2007 by trailmix

[misa 2]

I don't think that the OP necessarily said they have 'immigrant intent' - they were/are in a hurry and are looking at all options - PR status is generally the first thing that comes to mind, but may not be the easiest.

Perhaps you're right but they did mention AOS in their first post.

However they definitely DO have immigrant intent now based on their last post...

[trailmix 77]

I don't think that the OP necessarily said they have 'immigrant intent' - they were/are in a hurry and are looking at all options - PR status is generally the first thing that comes to mind, but may not be the easiest.

Perhaps you're right but they did mention AOS in their first post.

However they definitely DO have immigrant intent now based on their last post...

Just to clarify, I just find this conversation interesting, I'm not trying to be argumentative

So let's use a hypothetical. Say that my Husband and I were pondering a move to the States, in fact had decided to move and were looking at our options, K visas, IR1 etc.. Say my Husband got offered a job in the U.S. tomorrow, they want to sponsor him for a TN visa and give him a 2 million dollar salary (ok I just threw that in for fun).

Because we had discussed our want to move to the States and had discussed possible visas, if he then turned around and accepted that job and we moved over there - would that be fraud - assuming we decided to do an AOS later?

Or, even better, here is a 'real' example, because I know someone who has just done this.

2 Canadians are married, they move to the U.S. on a Nafta visa, have been living there for 7 years on this visa. Each year they have to cross the border and renew the visa.

Last year the wife discovered that she had a claim to derivative citizenship and promptly filed the N-600 and had her citizenship documented. Now we have added an American citizen to the mix.

This year they came up to Canada and crossed the border as usual, renewing his TN visa and that of their child. She showed proof of her U.S. citizenship at the border.

They have now applied for AOS for the child and the Husband. Would you consider that to be fraud? Should they have left the home that they own, his job of 25 years (Canadian company which became a U.S. company) to come to Canada and file the I-130?

[misa 2]

Just to clarify, I just find this conversation interesting, I'm not trying to be argumentative

Neither was I! My comment about it being possibly fraudulent was actually a question because I wasn't 100% sure.

I'd also be interested to hear responses from others who know more about the TN, etc. comment on the 2 situations you presented. Actually, just the first one since the second one is different (both Canadians and the wife only found out later that she could apply for citizenship).

As for the OP, if they do pursue the suggestion of their friend (enter as a visitor with intent to immigrate), that would be fraudulent.

Edited August 3, 2007 by misa

[trailmix 77]

Just to clarify, I just find this conversation interesting, I'm not trying to be argumentative

Neither was I! My comment about it being possibly fraudulent was actually a question because I wasn't 100% sure.

I'd also be interested to hear responses from others who know more about the TN, etc. comment on the 2 situations you presented. Actually, just the first one since the second one is different (both Canadians and the wife only found out later that she could apply for citizenship).

As for the OP, if they do pursue the suggestion of their friend (enter as a visitor with intent to immigrate), that would be fraudulent.

Yeah, I agree, basically crossing the border knowing you want to immigrate but saying you aren't going to is a lie - or fradulent as it were. I wonder how many people actually do that - sounds like a question for a poll!