Nickky

Hi to all! Could anyone tell me exactly what types of visa are available for my Ukrainian fiance who has Canadian PR (while I'm American PR) to come and stay in the USA legally (living, working as well)? As I heard till she gets Canadian citizenship she's unable even to apply for H1B. Is that given information correct or I was fooled? And how about V-visa What are the ways of her legal entering the USA and staying with me? Thanks a lot.
--
There's no one way to success. There're as many as there're people willing to build them.

---
posted via:
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Kevin Keane

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nickky wrote:
    > Hi to all! Could anyone tell me exactly what types of visa are
    > available for my Ukrainian fiance who has Canadian PR (while I'm
    > American PR) to come and stay in the USA legally (living, working as
    > well)?

In theory, any. In practice, probably only those that allow immigration
intent would be approved (primarily, H-1B and similar).

Once you are a US citizen, she can of course also get a fiance visa.

    > As I heard till she gets Canadian citizenship she's unable
    > even to apply for H1B. Is that given information correct or I was
    > fooled?

Wrong. Most non-immigrant visas will be difficult, but H-1B is possible.

    > And how about V-visa

To qualify for a V visa, you would have had to marry her and file her
petition before 2001. Sorry.

    > What are the ways of her legal entering
    > the USA and staying with me?

Best is probably for you to become a US citizen as quickly as possible.

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Nickky

me wrote on Tue, 28 February 2006 14:22
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    >
    > nickky wrote:
    > > Hi to all! Could anyone tell me exactly what types of visa are
    > > available for my Ukrainian fiance who has Canadian PR (while I'm
    > > American PR) to come and stay in the USA legally (living, working as
    > > well)?
    >
    > In theory, any. In practice, probably only those that allow immigration
    > intent would be approved (primarily, H-1B and similar).
    >
    > Once you are a US citizen, she can of course also get a fiance visa.
    >
    > > As I heard till she gets Canadian citizenship she's unable
    > > even to apply for H1B. Is that given information correct or I was
    > > fooled?
    >
    > Wrong. Most non-immigrant visas will be difficult, but H-1B is possible.
    >
    > > And how about V-visa
    >
    > To qualify for a V visa, you would have had to marry her and file her
    > petition before 2001. Sorry.
    >
    > > What are the ways of her legal entering
    > > the USA and staying with me?
    >
    > Best is probably for you to become a US citizen as quickly as possible.
    >
    > - --
    > Please visit my FAQ at http://www.kkeane.com before asking a question.
    > It may answer your question. Remember, I am strictly a layperson without
    > any legal training. I encourage the reader to seek competent legal
    > counsel rather than relying on usenet newsgroups.
    >
    > NOTICE: Due to Presidential Executive Orders, the National Security
    > Agency may have read this email without warning, warrant, or notice.
    > They may do this without any judicial or legislative oversight. You
    > have no recourse nor protection save to call for the impeachment of
    > the current President.
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    > lYTNtjO256bKFPXuiddAn5w=
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But she's not a citizen of Canada, she just holds a Canadian PR. That's the problem! Correct me if I'm wrong.

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---
posted via:
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scrubbedexpat099

That in itslef is not relevant to obtaining a H1 or other dual intent visa.

Nickky

me wrote on Tue, 28 February 2006 14:22
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    > Hash: SHA1
    >
    > nickky wrote:
    > > Hi to all! Could anyone tell me exactly what types of visa are
    > > available for my Ukrainian fiance who has Canadian PR (while I'm
    > > American PR) to come and stay in the USA legally (living, working as
    > > well)?
    >
    > In theory, any. In practice, probably only those that allow immigration
    > intent would be approved (primarily, H-1B and similar).
    >
    > Once you are a US citizen, she can of course also get a fiance visa.
    >
    > > As I heard till she gets Canadian citizenship she's unable
    > > even to apply for H1B. Is that given information correct or I was
    > > fooled?
    >
    > Wrong. Most non-immigrant visas will be difficult, but H-1B is possible.
    >
    > > And how about V-visa
    >
    > To qualify for a V visa, you would have had to marry her and file her
    > petition before 2001. Sorry.
    >
    > > What are the ways of her legal entering
    > > the USA and staying with me?
    >
    > Best is probably for you to become a US citizen as quickly as possible.
    >
    > - --
    > Please visit my FAQ at http://www.kkeane.com before asking a question.
    > It may answer your question. Remember, I am strictly a layperson without
    > any legal training. I encourage the reader to seek competent legal
    > counsel rather than relying on usenet newsgroups.
    >
    > NOTICE: Due to Presidential Executive Orders, the National Security
    > Agency may have read this email without warning, warrant, or notice.
    > They may do this without any judicial or legislative oversight. You
    > have no recourse nor protection save to call for the impeachment of
    > the current President.
    > -----BEGIN PGP SIGNATURE-----
    > Version: GnuPG v1.4.0 (MingW32)
    > Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org
    >
    > iD8DBQFEBLED2STeoAchQDkRAiQ2AJ 99oKGGaWoTSw7vvrQtnCdKwiEt1QCb BtIN
    > lYTNtjO256bKFPXuiddAn5w=
    > =Tlo+
    > -----END PGP SIGNATURE-----

You say: "Wrong. Most non-immigrant visas will be difficult, but H-1B is possible."
But my fiance tells me she was given an information that only Canadian citizens could apply for H1B visa. But she still keeps Ukrainian citizenship. So does it mean she can apply for H1B visa as Ukrainian citizen while having Canadian PR? Am I correct?


--
There's no one way to success. There're as many as there're people willing to build them.

---
posted via:
http://www.visaforyou.org/eng/

scrubbedexpat099

Sure, well she does not apply, her US prospective employers does. Whether she can keep Canadian PR status if she is working in the US I do not know.

Kevin has a good FAQ on H1 - www.kkeane.com

J. J. Farrell

nickky wrote:
    > You say: "Wrong. Most non-immigrant visas will be difficult, but H-1B is possible."
    > But my fiance tells me she was given an information that only Canadian citizens
    > could apply for H1B visa. But she still keeps Ukrainian citizenship. So does it
    > mean she can apply for H1B visa as Ukrainian citizen while having Canadian PR?

I don't know if it's true, but if it is, it is true in a very precise
sense. There's nothing in this to stop her becoming an H-1B, but
the US Consulates in Canada may choose not to give visas to some
people who aren't Canadian citizens. That would mean that when her
H-1B status is approved, she'd have to go to a US Consulate in the
Ukraine to get her visa.

Nickky

��������� wrote on Fri, 03 March 2006 03:22
    > nickky wrote:
    > >
    > > You say: "Wrong. Most non-immigrant visas will be difficult, but H-1B is possible."
    > > But my fiance tells me she was given an information that only Canadian citizens
    > > could apply for H1B visa. But she still keeps Ukrainian citizenship. So does it
    > > mean she can apply for H1B visa as Ukrainian citizen while having Canadian PR?
    >
    > I don't know if it's true, but if it is, it is true in a very precise
    > sense. There's nothing in this to stop her becoming an H-1B, but
    > the US Consulates in Canada may choose not to give visas to some
    > people who aren't Canadian citizens. That would mean that when her
    > H-1B status is approved, she'd have to go to a US Consulate in the
    > Ukraine to get her visa.

Many thanks. And as I see the situation is even more worse than I thought. In that case I gotta give up with my American PR and move to Canada. I mean what's the sense to stay away from each other if she can't be legally with me in the USA. Even if she get's Canadian citizenship after 3 years it wouldn't make too much differences. Yeh, Canadians are welcome to the USA without visa just as visitors (as well me as GC-holder now), but if they want to remain (work, study etc.) in the USA officially, so they should obtain some types of visas.


--
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---
posted via:
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JAJ

There is a further option which can in some cases work, if you move to a border area of the U.S. and she lives on the other side of the border.

That way you can stay in fairly close contact until you get your U.S. citizenship, and she gets her Canadian citizenship. Then you can decide which country you both want to live in. You should be able to sponsor her into the U.S., or you could move to Canada and keep your U.S. citizenship.

Of course, you'd have to be careful how much time you spent in Canada so as a. not to fall foul of Canadian regulations, and b. not affecting the timescale for U.S. naturalisation. The reverse would apply to her visiting the U.S. (she would need a B2 visa which may or may not be easy to get).

Also - you don't say what your home countries are but you might both need to be prepared to drop your home country citizenship in favour of Canadian and U.S. citizenship. The advantage of sticking it out for citizenship is that your future children would then have the benefit of both (plus the various U.S. tax and selective service issues, but on balance that's not a problem for most people).

Joe Feise

JAJ wrote on 03/03/06 15:59:

    >> ��������� wrote on Fri, 03 March 2006 03:22
    >>> nickky wrote:
    >>>> You say: "Wrong. Most non-immigrant visas will be difficult, but
    >>>> H-1B is possible."
    >>>> But my fiance tells me she was given an information that only
    >>>> Canadian citizens
    >>>> could apply for H1B visa. But she still keeps Ukrainian
    >>>> citizenship. So does it
    >>>> mean she can apply for H1B visa as Ukrainian citizen while having
    >>>> Canadian PR?
    >>> I don't know if it's true, but if it is, it is true in a very
    >>> precise
    >>> sense. There's nothing in this to stop her becoming an H-1B, but
    >>> the US Consulates in Canada may choose not to give visas to some
    >>> people who aren't Canadian citizens. That would mean that when her
    >>> H-1B status is approved, she'd have to go to a US Consulate in the
    >>> Ukraine to get her visa.
    >> Many thanks. And as I see the situation is even more worse than I
    >> thought. In that case I gotta give up with my American PR and move
    >> to Canada. I mean what's the sense to stay away from each other if
    >> she can't be legally with me in the USA. Even if she get's Canadian
    >> citizenship after 3 years it wouldn't make too much differences.
    >> Yeh, Canadians are welcome to the USA without visa just as visitors
    >> (as well me as GC-holder now), but if they want to remain (work,
    >> study etc.) in the USA officially, so they should obtain some types
    >> of visas.
    >> --
    >> There's no one way to success. There're as many as there're people
    >> willing to build them.
    >> ---
    >> posted via:
    >> http://www.visaforyou.org/eng/
    >
    > There is a further option which can in some cases work, if you move to a
    > border area of the U.S. and she lives on the other side of the border.
    >
    > That way you can stay in fairly close contact until you get your U.S.
    > citizenship, and she gets her Canadian citizenship. Then you can
    > decide which country you both want to live in. You should be able to
    > sponsor her into the U.S., or you could move to Canada and keep your
    > U.S. citizenship.


There is also the commuter status. You may want to look into that:
http://www.centa.com/articles/alien_commuters.htm

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

JAJ

It's an option but has a downside in that you are not eligible for U.S. naturalization:

"Time spent in "alien commuter" status does not count toward residence requirements for naturalization purposes. 8 C.F.R. 211.5(C); 8 C.F.R. 316.5 (b)(3)."

If the OP wants to get U.S. citizenship it would make more sense to stay living in the U.S. (even just on the U.S. side of the border) until U.S. citizenship is granted. Then he can either sponsor wife the the U.S. - and move anywhere they like in the U.S. - or he can move to Canada.