The joys of divorce when applying for Citizenship
Oct 8th 2010, 5:29 pm
#31
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Re: The joys of divorce when applying for Citizenship
Oct 8th 2010, 5:36 pm
#32
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Re: The joys of divorce when applying for Citizenship
This is completely incorrect. All three of those visas are availble for Canadians, in fact the TN is specific to Canadians!
If you read back to the beginning of the thread, you'll see that the OP already answered this question. It's not that his PR will "be up" (meaning ended), it will be the time he qualifies to file an N-400 towards naturalization.
Rene
How long before your 5 years as a Permanent Residence is up?
Rene
Oct 8th 2010, 5:40 pm
#33
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Re: The joys of divorce when applying for Citizenship
Of course you can marry her. You don't need to be a USC in order to get married. In fact, an LPR (like you) can marry and begin the process for bringing your wife to the USA, and then upgrade the petition once you become a USC. No red flags.
Sure, if she qualifies for those, and you don't want to get married yet.
If she only wants to stay in the USA for a few years, it might be a lot of time and money wasted to bring her here on an Immigrant Visa, knowing she doesn't want to live permanently in the USA. On the other hand, bringing her here on an Immigrant Visa, if she can manage to hang on about 3.5 to 4 years in the USA, she can also become a USC and that would give you both a lot of freedom of movement around the globe together.
Rene
Sure, if she qualifies for those, and you don't want to get married yet.
If she only wants to stay in the USA for a few years, it might be a lot of time and money wasted to bring her here on an Immigrant Visa, knowing she doesn't want to live permanently in the USA. On the other hand, bringing her here on an Immigrant Visa, if she can manage to hang on about 3.5 to 4 years in the USA, she can also become a USC and that would give you both a lot of freedom of movement around the globe together.
Rene
You are an absolute fountain of fantastic knowledge!
All i know at this stage is that i want to marry her and stay in the US until i get Citizenship.
If she comes here she wants to work. We are hoping a job offer will come her way that allows her to get the TN visa.
We want to get engaged and married next year but i have read on the USCIS site that this may cause issues for us if she is here with me as my wife but not as a part of my GC.
Its all such a minefield and it really sucks when visas interfere with matters of the heart!
So from what you have posted, and in your opinion and questions.......
If she comes here on a TN visa (3 year visa) and we get engaged and married, it wont have any effect on either of our status'.
Then, once i have my citizenship we will either move to Canada or stay here. If we stay here I will apply for her to get her GC as my spouse. While i do this, if she is still under the TN visa, can she continue to live and work under its conditions while we wait for the GC?
Oct 8th 2010, 5:48 pm
#34
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Re: The joys of divorce when applying for Citizenship
If she comes here on a TN visa (3 year visa) and we get engaged and married, it wont have any effect on either of our status'.
Then, once i have my citizenship we will either move to Canada or stay here. If we stay here I will apply for her to get her GC as my spouse. While i do this, if she is still under the TN visa, can she continue to live and work under its conditions while we wait for the GC?
Just for clarification, she actually does the application for permanent residency, although you have to provide some forms for it as well.
Rene
Oct 8th 2010, 6:08 pm
#35
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Re: The joys of divorce when applying for Citizenship
Do you have the link to what you read? In general, every arriving visitor to the USA needs to have non-immigrant intent...and having a USC spouse does not help that issue, but it also doesn't prevent a non-USC spouse from visiting their USC spouse. She should just have proof of her non-immigrant intent, in case they ask at the POE.
Correct.
She can, if she wants to. But once adjustment of status (AOS) is filed, she is allowed to stay in the USA as "pending adjustment of status" anyway. If she wants to work for an employer other than her TN sponsor, she will be able to obtain an Employment Authorization Document (EAD) whch allows her to work for anyone in the USA (takes about 90 days from filing AOS to get EAD in hand).
Just for clarification, she actually does the application for permanent residency, although you have to provide some forms for it as well.
Rene
Correct.
She can, if she wants to. But once adjustment of status (AOS) is filed, she is allowed to stay in the USA as "pending adjustment of status" anyway. If she wants to work for an employer other than her TN sponsor, she will be able to obtain an Employment Authorization Document (EAD) whch allows her to work for anyone in the USA (takes about 90 days from filing AOS to get EAD in hand).
Just for clarification, she actually does the application for permanent residency, although you have to provide some forms for it as well.
Rene
Oct 8th 2010, 6:35 pm
#36
Joined: Apr 2002
Posts: 35,082
Re: The joys of divorce when applying for Citizenship
Rene,
You are an absolute fountain of fantastic knowledge!
All i know at this stage is that i want to marry her and stay in the US until i get Citizenship.
If she comes here she wants to work. We are hoping a job offer will come her way that allows her to get the TN visa.
We want to get engaged and married next year but i have read on the USCIS site that this may cause issues for us if she is here with me as my wife but not as a part of my GC.
Its all such a minefield and it really sucks when visas interfere with matters of the heart!
So from what you have posted, and in your opinion and questions.......
If she comes here on a TN visa (3 year visa) and we get engaged and married, it wont have any effect on either of our status'.
Then, once i have my citizenship we will either move to Canada or stay here. If we stay here I will apply for her to get her GC as my spouse. While i do this, if she is still under the TN visa, can she continue to live and work under its conditions while we wait for the GC?
You are an absolute fountain of fantastic knowledge!
All i know at this stage is that i want to marry her and stay in the US until i get Citizenship.
If she comes here she wants to work. We are hoping a job offer will come her way that allows her to get the TN visa.
We want to get engaged and married next year but i have read on the USCIS site that this may cause issues for us if she is here with me as my wife but not as a part of my GC.
Its all such a minefield and it really sucks when visas interfere with matters of the heart!
So from what you have posted, and in your opinion and questions.......
If she comes here on a TN visa (3 year visa) and we get engaged and married, it wont have any effect on either of our status'.
Then, once i have my citizenship we will either move to Canada or stay here. If we stay here I will apply for her to get her GC as my spouse. While i do this, if she is still under the TN visa, can she continue to live and work under its conditions while we wait for the GC?
There is a potential, and I'm not claiming to know anything about this other than it exists, that a 'quick' remarriage + immigrant petition (by you) can be a red flag going back to your original marriage + PR application. To cover your bases, I think you should investigate that and make sure there is no conflict with you petitioning your Canadian.
The visa category for spouse of a PR has currently accelerated. It was at 4-5 years for a looooong time, suddenly it's down to a matter of months. (this is for the length of time from you petitioning to her applying for her GC) There is some info in this thread you might want to read: http://britishexpats.com/forum/showthread.php?p=890348
If your (then) spouse applies for a TN, you two should also take advice on how to handle an immigrant petition filed on her behalf. The TN employee is not supposed to have immigrant intent and there have been problems with issuing that status when the person marries or plans to marry a USC and immigrate. this affects crossing to Canada even for visits. I don't know if the implications will be the same for the spouse of a PR, so again, you may want to investigate that professionally.
Oct 8th 2010, 7:44 pm
#37
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Re: The joys of divorce when applying for Citizenship
basement, I think you should continue to do studying and ask questions here, but I think your case deserves a consultation (at minimum) with an immigration attorney before you and your beloved do anything.
There is a potential, and I'm not claiming to know anything about this other than it exists, that a 'quick' remarriage + immigrant petition (by you) can be a red flag going back to your original marriage + PR application. To cover your bases, I think you should investigate that and make sure there is no conflict with you petitioning your Canadian.
The visa category for spouse of a PR has currently accelerated. It was at 4-5 years for a looooong time, suddenly it's down to a matter of months. (this is for the length of time from you petitioning to her applying for her GC) There is some info in this thread you might want to read: http://britishexpats.com/forum/showthread.php?p=890348
If your (then) spouse applies for a TN, you two should also take advice on how to handle an immigrant petition filed on her behalf. The TN employee is not supposed to have immigrant intent and there have been problems with issuing that status when the person marries or plans to marry a USC and immigrate. this affects crossing to Canada even for visits. I don't know if the implications will be the same for the spouse of a PR, so again, you may want to investigate that professionally.
There is a potential, and I'm not claiming to know anything about this other than it exists, that a 'quick' remarriage + immigrant petition (by you) can be a red flag going back to your original marriage + PR application. To cover your bases, I think you should investigate that and make sure there is no conflict with you petitioning your Canadian.
The visa category for spouse of a PR has currently accelerated. It was at 4-5 years for a looooong time, suddenly it's down to a matter of months. (this is for the length of time from you petitioning to her applying for her GC) There is some info in this thread you might want to read: http://britishexpats.com/forum/showthread.php?p=890348
If your (then) spouse applies for a TN, you two should also take advice on how to handle an immigrant petition filed on her behalf. The TN employee is not supposed to have immigrant intent and there have been problems with issuing that status when the person marries or plans to marry a USC and immigrate. this affects crossing to Canada even for visits. I don't know if the implications will be the same for the spouse of a PR, so again, you may want to investigate that professionally.
I am very interested to find out the info on the spouse of a PR visa.. but the link sends me to a thread about activating a pay as you go sim card.. all VERY exciting and interesting, but not what im after
Oct 8th 2010, 8:09 pm
#38
Joined: Apr 2002
Posts: 35,082
Re: The joys of divorce when applying for Citizenship
Oil Geoscientist work in USA is the title; current in this forum.
Sorry!
Oct 8th 2010, 9:00 pm
#39
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Re: The joys of divorce when applying for Citizenship
That's weird.. try this one: http://britishexpats.com/forum/showthread.php?t=688581
Oil Geoscientist work in USA is the title; current in this forum.
Sorry!
Oil Geoscientist work in USA is the title; current in this forum.
Sorry!
Oct 11th 2010, 8:20 pm
#40
Joined: Apr 2002
Posts: 35,082
Re: The joys of divorce when applying for Citizenship
basement, I think you should continue to do studying and ask questions here, but I think your case deserves a consultation (at minimum) with an immigration attorney before you and your beloved do anything.
There is a potential, and I'm not claiming to know anything about this other than it exists, that a 'quick' remarriage + immigrant petition (by you) can be a red flag going back to your original marriage + PR application. To cover your bases, I think you should investigate that and make sure there is no conflict with you petitioning your Canadian.
There is a potential, and I'm not claiming to know anything about this other than it exists, that a 'quick' remarriage + immigrant petition (by you) can be a red flag going back to your original marriage + PR application. To cover your bases, I think you should investigate that and make sure there is no conflict with you petitioning your Canadian.
Who May Not File Form I-130?
You may not file for a person in the following categories:
5. A husband or wife, if you gained lawful permanent resident status by virtue of a prior marriage to a U. S. citizen or lawful permanent resident, unless:
A. A period of five years has elapsed since you became a lawful permanent resident; or
B. You can establish by clear and convincing evidence that the prior marriage through which you gained your immigrant status was not entered into for the purpose of evading any provision of the immigration laws; or
C. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse.
Not UN-doable, but worth making sure it's been done right.
Oct 11th 2010, 8:23 pm
#41
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Re: The joys of divorce when applying for Citizenship
b-waj, I was just looking at the I-130 instructions for something else and saw the phrase I was thinking of in the above post.
Who May Not File Form I-130?
You may not file for a person in the following categories:
5. A husband or wife, if you gained lawful permanent resident status by virtue of a prior marriage to a U. S. citizen or lawful permanent resident, unless:
A. A period of five years has elapsed since you became a lawful permanent resident; or
B. You can establish by clear and convincing evidence that the prior marriage through which you gained your immigrant status was not entered into for the purpose of evading any provision of the immigration laws; or
C. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse.
Not UN-doable, but worth making sure it's been done right.
Who May Not File Form I-130?
You may not file for a person in the following categories:
5. A husband or wife, if you gained lawful permanent resident status by virtue of a prior marriage to a U. S. citizen or lawful permanent resident, unless:
A. A period of five years has elapsed since you became a lawful permanent resident; or
B. You can establish by clear and convincing evidence that the prior marriage through which you gained your immigrant status was not entered into for the purpose of evading any provision of the immigration laws; or
C. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse.
Not UN-doable, but worth making sure it's been done right.
Previous marriage ended due to a lying cheating bitch?
