Ronnie

I have a question which I can't figure out what the best way to do. I'm a US
Citizen, and I have a gf that is Canadian. What would be the best way for her to
leave with me and work here at the same time? What might be the fastest way to do
so? Any help or suggestions will be greatly appreciated.

Thanks

Rete

Do you mean she is going to leave Canada the same time you are? Or are you asking what is the best way for her to live with you in the US and have permission to work?

She is not eligible to work in the US or live with you without INS permission. If she is college educated in certain fields and finds an agreeable US employer who is willing to sponsor her for a TN-1 or H-1B work visas she can go that route.

If not, the only other option open to you is marriage. The quickest way is for you to apply for a Fiancee Visa for her at the Service Center and then she will interview in either Vancouver or Montreal. If she is approved for the K-1, she comes to the US, you get married within 90 days and she applies for adjustment of status for residency and gets the EAD to work with.

The above is a very simplistic view of the process but it is the quickest way to go.

Rete

Ronnie

Hi Rete,
So basically a Fiancee visa is still needed. How about the option since
she is Canadian, she can go in and out US. If she comes here, and we get
married, would that still be the same. Do she still have the same
priviledges as one that has the Fiancee visa?
Thanks a lot for you thoughts.. I really appreciate it.

"Rete" <[email protected]> wrote in message
news:414998.1032031875@britishexpats-
.com...
    > Originally posted by Ronnie:
    > > I have a question which I can't figure out what the best way to do.
    > > I'm a US
    > > Citizen, and I have a gf that is Canadian. What would be the best way
    > > for her to
    > > leave with me and work here at the same time? What might be the
    > > fastest way to do
    > > so? Any help or suggestions will be greatly appreciated.
    > >
    > > Thanks
    > >
    > Do you mean she is going to leave Canada the same time you are? Or are
    > you asking what is the best way for her to live with you in the US and
    > have permission to work?
    > She is not eligible to work in the US or live with you without INS
    > permission. If she is college educated in certain fields and finds an
    > agreeable US employer who is willing to sponsor her for a TN-1 or H-1B
    > work visas she can go that route.
    > If not, the only other option open to you is marriage. The quickest way
    > is for you to apply for a Fiancee Visa for her at the Service Center and
    > then she will interview in either Vancouver or Montreal. If she is
    > approved for the K-1, she comes to the US, you get married within 90
    > days and she applies for adjustment of status for residency and gets the
    > EAD to work with.
    > The above is a very simplistic view of the process but it is the
    > quickest way to go.
    > Rete
    > --
    > Posted via http://britishexpats.com

Rete

Yes as a Canadian she has more freedom than other countries in coming into and leaving the US from Canada. But if she does it too often, she will raise flags at the POE. She is suppose be visiting our country, not living in it without INS approval and that is basically what she would be doing. If the agent at the POE decides she has any intent to migrate without proper paperwork, they can deny her entry. The borders are different now than they were before 9/11/01. I'm married to a Canadian and have been back and forth across our borders many times both when we were engaged and after our marriage and him the same and I can attest to the stringency of agents at the borders these days.

Coming here and marrying without a valid fiancee visa is done all the time and people do successfully adjust status. But there are many pros and cons to entry. Always wiser to go the legal way with INS. Every young woman would like to have a nice wedding and family and friends present at the ceremony. If she crossed the border to marry without permission it would have to be a spur of a moment wedding.

If you two are serious about getting married, then go the way of the Fiancee Visa. If you are using a service center that is speedy like Vermont, she will have the K-1 in her passport within 5 months. She can then enter the US with all her worldly possessions and her family and friends in tow to celebrate your wedding.

Read the FAQ page on the K-1. It is quite informative.

The K1 FAQ http://www.txdirect.net/users/mike38/k1faq.htm

Either marriage with a K-1 or marriage after just crossing the border means she still has to apply for adjustment of status to resident of the US. Using the K-1 means you won't have to look over your shoulder worrying that INS is not going to believe your marriage was not spur of the moment.

Rete

Mrtravel

Ronnie wrote:
    > Hi Rete,
    > So basically a Fiancee visa is still needed. How about the option since
    > she is Canadian, she can go in and out US.

She can come and visit as a tourist, she can't "live" here.

If she comes here, and we get
    > married, would that still be the same.

Without getting a spouse visa, she may be denied entry at any time.
Usually this will be at a time least convenient to the both of you.

Do she still have the same
    > priviledges as one that has the Fiancee visa?

Of course not. A fiance visa grants one the ability to get rid of their
home and employment in the other country and not stop them from coming
across the border with the intent of immigrating. If she doesn't get the
visa, then there is a greater possibility of not being able to enter
the US. While this is normally an easy process from Canada, the post
9/11 hysteria has made more detailed inspections at border crossing. So,
while most people will be lucky and have no problems crossing the border
and adjusting status, I don't recommend this if you have the ability to
do it the right way.