Angela123

I have recently met and fell in love with a man from Canada. I would like him to move to the United states or at least come here for a while to see if he enjoys it here. In order to do this he would need a work visa, he has just finished college and does not have the level of education required to be sponsored by an employer. I know it is possible to get a fiance visa but is it possible for him to find employment on a fiance visa. Wow i didnt think all this stuff was going to be this tough. Maybe i should move to canada instead

Wow true love is gonna take lots of work here.

Rete

Canada is not easier. It is just as difficult and more expensive and they don't have a Fiancee Visa.

Read the FAQ for starters if you are interested in Fiancee Visas. Unfortunately you are correct there is no way that he is qualified for either a H-1B or TN-1 visa with his lack of proper education and work experience.

Marriage would appear to be the only way you two can live together in the US. Why not consider migrating to Canada but not as a spouse. You might have the education, language skills, etc. to meet the point system to migrate to Canada on your own merit.

Rete

Angela123

Would marriage be possible without a fiance Visa beforehand. I guess the question would be can we get married before we apply for his work visa or green card. And after marriage how long would it take before he could be working in the US?

Any responses would be appreciated i am reading up on how to do this but the form informations do not always answer basic questions like the one above.

Angela123

Rete

Forms information won't tell you but the FAQ will.

You have many options. I'm assuming he needs to work immediately because you and he do not have income sufficient to maintain a 2 person household.

Just so you know, it is not a work visa. He does not qualify for one so you can eliminate that term from your vocabulary. He would be eligible for an Employment Authorization Document (EAD) on an approved K-1. That EAD is good for only 90 days. After marriage he would have to apply for adjustment of status and a one year EAD. The one year EAD can take up to 91 days from date of receipt by the USCIS for him to get.

Various visas and a brief scenario of each:

1. I-129F/K-1 Fiancee Visa. You submit the I-129F at the service center governing your living jurisdiction along with proof of your having met in person during the last two years. After its approval, the Canadian will interview at either Montreal or Vancouver's US Consulate. They will need a medical, police clearance, long form birth certificate, an Affidavit of Support (I-134) by you showing you have income of 125% of the poverty guideline for a family of two or whatever number your family is. If approved for the K-1, he enters the US, gets a social security card, and if lucky an EAD stamp at the POE. This will allow him to work for 90 days only. After marriage, he files an I-485 for adjustment of status and an I-765 for a one year EAD and you file an I-864 Affidavit of Support. If the EAD is not received by the 90th day, he can go to the district office for the interim EAD on day 91.

2. I-130 from Outside of the US. You file I-130 at the service center after you marry and he is in Canada and you are in the US. When approved by the SC, it goes to the National Visa Center, you exchange docuemntation with them as does he. You the payment of fees and the affidavit of support and for him, all of the things mentioned above. Then if NVC approves it will set up an appointment for him at the US Consulate in Montreal. That is the only US Consulate in all of Canada which will do immigration visas. After approval at the interview he enters the US as a conditional permanent resident and can work immediately as soon as he has a social security card.

3. I-130 from Outside of the US and an I-129F for a K-3. You file the I-130 as above and when you get the notice of action for the I-130 filing you then file I-129F in Chicago for the K-3. It is similar at this point as the K-1 with the difference being that you are married instead of engaged. The interview process is the same as for the K-1. Upon entry he can apply for the one year EAD and when received apply for his social security card.

Time frames for any and all of those procedures varies depending on the service center you have to use. It can be 3 months for the K-1 or as long as one year. It can be 3 months for the K-3 or as long as one year or more. The I-130 from VSC is being approved these days in a few weeks and processing through the NVC might take another 2 or 3 months and then on to the US Consulate.

All in all any method you choose to use will take a minimum of 3 months but count more on the maximum of one year.

Rete

Jonathan McNeil Wong

Rete wrote:
    >>I have recently met and fell in love with a man from Canada. I would
    >>like him to move to the United states or at least come here for a
    >>while to see if he enjoys it here. In order to do this he would need a
    >>work visa, he has just finished college and does not have the level of
    >>education required to be sponsored by an employer. I know it is
    >>possible to get a fiance visa but is it possible for him to find
    >>employment on a fiance visa. Wow i didnt think all this stuff was
    >>going to be this tough. Maybe i should move to canada instead :D
    >>Wow true love is gonna take lots of work here.
    >
    >
    > Canada is not easier. It is just as difficult and more expensive and
    > they don't have a Fiancee Visa.
    >
    > Read the FAQ for starters if you are interested in Fiancee Visas.
    > Unfortunately you are correct there is no way that he is qualified for
    > either a H-1B or TN-1 visa with his lack of proper education and work
    > experience.
    >
If he has "just finished college" then he would statutorily qualify for
H-1B assuming someone would hire him; likewise if his degree is in the
appropriate field and if someone would hire him, he would qualify for TN.

I agree that whether someone would hire a fresh-out-of-school applicant
is altogether a different issue, and it may be that the answer is not.

-- Unless I have misunderstood how the OP used the term "college", which
in some countries, but not in Canada to my knowledge, connotes something
less than a baccalaureate level education.



--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

Angela123

I live in texas and my fiance would move here from Quebec. Being that i am in texas and immigration here is absolutely insane (meaning lots of immigrants coming across the border). Would that possibly slow down the process of getting a fiance visa. Or will this be done through a completely different office and place?

Thanks,

Angela123

ian-mstm

In Canada, a University is a degree-granting institution, while a College is a diploma-granting institution. Students heading to College required only general level courses, while those heading for University required advance level courses. At least, that's how it was when I left Canada a few years ago. Who knows though, things may have changed since then!

Ian - proud Canadian University graduate!

ian-mstm

Alas, if you live in Texas, your application goes to the Texas Service Center. Not much you can do about that.

Ian

Steffi

The Texas fiance (I-129F) route is currently taking about 4.5 months according to the USCIS website (https://egov.immigration.gov/cris/js...ceCenter=Texas), but you always have to take that date as a rough estimate, and not a guarantee. Once the fiance visa petition would be approved after roughly 4.5 months he would still have to wait to get an interview date at his nearest American Embassy, which could take several more months.

sphyrapicus

It all depends on the boyfriend's credentials. Is he a graduate of CEGEP, a college, or a university? If university, what is his degree in. It is relatively easy to get a TN with a university degree, depending upon the field.

Laurence

"Rete" <[email protected]> wrote in message
news:[email protected] m...
    >> Would marriage be possible without a fiance Visa beforehand. I guess
    >> the question would be can we get married before we apply for his work
    >> visa or green card. And after marriage how long would it take before
    >> he could be working in the US?
    >> Any responses would be appreciated i am reading up on how to do this
    >> but the form informations do not always answer basic questions like
    >> the one above.
    >> Angela123
    > Forms information won't tell you but the FAQ will.
    > You have many options. I'm assuming he needs to work immediately
    > because you and he do not have income sufficient to maintain a 2 person
    > household.
    > Just so you know, it is not a work visa. He does not qualify for one so
    > you can eliminate that term from your vocabulary. He would be eligible
    > for an Employment Authorization Document (EAD) on an approved K-1. That
    > EAD is good for only 90 days. After marriage he would have to apply for
    > adjustment of status and a one year EAD. The one year EAD can take up
    > to 91 days from date of receipt by the USCIS for him to get.
    > Various visas and a brief scenario of each:
    > 1. I-129F/K-1 Fiancee Visa. You submit the I-129F at the service
    > center governing your living jurisdiction along with proof of your
    > having met in person during the last two years. After its approval,
    > the Canadian will interview at either Montreal or Vancouver's US
    > Consulate. They will need a medical, police clearance, long form
    > birth certificate, an Affidavit of Support (I-134) by you showing
    > you have income of 125% of the poverty guideline for a family of two
    > or whatever number your family is. If approved for the K-1, he
    > enters the US, gets a social security card, and if lucky an EAD
    > stamp at the POE. This will allow him to work for 90 days only.
    > After marriage, he files an I-485 for adjustment of status and an
    > I-765 for a one year EAD and you file an I-864 Affidavit of Support.
    > If the EAD is not received by the 90th day, he can go to the
    > district office for the interim EAD on day 91.
    > 2. I-130 from Outside of the US. You file I-130 at the service center
    > after you marry and he is in Canada and you are in the US. When
    > approved by the SC, it goes to the National Visa Center, you
    > exchange docuemntation with them as does he. You the payment of
    > fees and the affidavit of support and for him, all of the things
    > mentioned above. Then if NVC approves it will set up an appointment
    > for him at the US Consulate in Montreal. That is the only US
    > Consulate in all of Canada which will do immigration visas. After
    > approval at the interview he enters the US as a conditional
    > permanent resident and can work immediately as soon as he has a
    > social security card.
    > 3. I-130 from Outside of the US and an I-129F for a K-3. You file the
    > I-130 as above and when you get the notice of action for the I-130
    > filing you then file I-129F in Chicago for the K-3. It is similar
    > at this point as the K-1 with the difference being that you are
    > married instead of engaged. The interview process is the same as
    > for the K-1. Upon entry he can apply for the one year EAD and when
    > received apply for his social security card.
    > Time frames for any and all of those procedures varies depending on the
    > service center you have to use. It can be 3 months for the K-1 or as
    > long as one year. It can be 3 months for the K-3 or as long as one year
    > or more. The I-130 from VSC is being approved these days in a few weeks
    > and processing through the NVC might take another 2 or 3 months and then
    > on to the US Consulate.
    > All in all any method you choose to use will take a minimum of 3 months
    > but count more on the maximum of one year.
    > Rete
    > --
    > I'm not an attorney. This disclaimer is valid in NYS!
    > Posted via http://britishexpats.com

Hey, just curiously, what if he entered as a visitor (no visa required for a
Canadian citizen) and they married? Can you file an I-130 for a spouse
that's already in the US?

Laurence

"ian-mstm" <member2954@british_expats.com> wrote in message
news:[email protected] m...
    >> Rete wrote:
    >> >>I have recently met and fell in love with a man from Canada. I would
    >> >>like him to move to the United states or at least come here for a
    >> >>while to see if he enjoys it here. In order to do this he would need
    >> >>a
    >> >>work visa, he has just finished college and does not have the level
    >> >>of
    >> >>education required to be sponsored by an employer. I know it is
    >> >>possible to get a fiance visa but is it possible for him to find
    >> >>employment on a fiance visa. Wow i didnt think all this stuff was
    >> >>going to be this tough. Maybe i should move to canada instead :D
    >> >>Wow true love is gonna take lots of work here.
    >> >
    >> >
    >> > Canada is not easier. It is just as difficult and more expensive
    >> > and
    >> > they don't have a Fiancee Visa.
    >> >
    >> > Read the FAQ for starters if you are interested in Fiancee Visas.
    >> > Unfortunately you are correct there is no way that he is qualified
    >> > for
    >> > either a H-1B or TN-1 visa with his lack of proper education and
    >> > work
    >> > experience.
    >> >
    >> If he has "just finished college" then he would statutorily
    >> qualify for
    >> H-1B assuming someone would hire him; likewise if his degree is
    >> in the
    >> appropriate field and if someone would hire him, he would
    >> qualify for TN.
    >> I agree that whether someone would hire a fresh-out-of-school
    >> applicant
    >> is altogether a different issue, and it may be that the answer is not.
    >> -- Unless I have misunderstood how the OP used the term "college",
    >> which
    >> in some countries, but not in Canada to my knowledge, connotes
    >> something
    >> less than a baccalaureate level education.
    >> --
    >> Above intended as general commentary, not specific legal
    >> advice. Your mileage may vary.
    >> ================================================== =============
    >> Jonathan McNeil Wong Voice: 510-451-0544
    >> Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
    >> P.O. Box 12979 http://www.donahue.com
    >> Oakland, CA 94604-2979 E-mail:
    >> [email protected]
    >> ================================================== =============
    > In Canada, a University is a degree-granting institution, while a
    > College is a diploma-granting institution. Students heading to College
    > required only general level courses, while those heading for
    > University required advance level courses. At least, that's how it was
    > when I left Canada a few years ago. Who knows though, things may have
    > changed since then!
    > Ian - proud Canadian University graduate!
    > --
    > Posted via http://britishexpats.com

They did away with that a couple of years ago ... they also did away with
OAC's. There was a bunch of expansion at the universities in Ontario
because they had a "double cohort" ... Grade 12 and OAC were graduating at
the same time. And there's not Advanced/General/Basic courses anymore. Now
it's Open (no classification), Acedemic (Advanced) and Applied (Basic).

Oh, and to go even more off topic, Humber College in Toronto recently
started offering BA's ... It's not like you could go to UofT for a degree in
Interior Design (no kidding, Humber offers it).

Anyways, back on topic. My wife filed our I-129F in April. I had my
interview in Montreal in September, but was held up because they got an NCIC
hit on my name (My name was in the FBI files). It took a little over a
month for my K-1 to show up.

So we did it all in just over six months, without using a lawyer. From what
I understand, as long as you're reasonably intelligent and careful with the
forms (my I-765 came back because I didn't check a box ... grrr) you
shouldn't need a lawyer to do the K-1. It doesn't speed up the process any.