meauxna

Don't believe everything they tell you on there.. it's usually only half the info.
She also loses access to her health insurance n' stuff in Canada once she's out for 180 days.
It would be good for you to chat with a lawyer really familiar with the Canadian stuff.

Noorah101

Be careful with this part. Not sure what you mean by "she can stay as my spouse for good"...that won't happen just because you're married, or just because you're a USC. After you get married, you need to file an I-130 for her, even if you are still a PR. That kicks off the Immigrant Visa process. Once you're a USC, you notify NVC that you want to upgrade her category to "Immediate Relative, spouse of a USC", and there won't be any more backlog in the category...a visa number will be immediately available to her. NVC will continue to process the case, but faster now because you'll be a USC. After the I-130 gets approved and after you do the steps through NVC, she will go for her medical in Canada and attend a visa interview in Montreal. There is a backlog in Montreal (or was, not sure if it will be cleared up by the time her interview falls), so be prepared for a bit of a wait from NVC to visa interview.

Overall, a typical Immigrant Visa process takes 8 - 10 months or so...more if there's a backlog at the interview stage.

She can continue to visit you in the USA while the whole process is going on, but she won't be able to "stay as your spouse for good" until she enters the USA using her Immigrant Visa.

Rene

basementwaj

Our hope is that we have at least the next 6 months. After that it's in the hands of the gov!
I know a k1 is good for a fiancé to be here and not work, is it the same for the spouse of a USC?
Don't care how long that process takes, as long as we are together (permission granted to puke if you need)

meauxna

It's the being together part you need to worry about.
You might want to find another lawyer to talk with.

Noorah101

I think you have a bit of misunderstanding about the K-1 visa. The K-1 visa allows a foreign fiance(e) to come to the USA with the intent to marry within 90 days and then adjust status to permanent resident. It doesn't just allow them to be in the USA and not work.

Well, you can physically "be together" as long as she is able to visit the USA while the process is going on. If at some point she's seen as visiting too often or she overstays, you won't be together. She'll be in Canada and you'll be visiting her there.

LOL, no pukie smiley on this website...dang...LOL

Rene

basementwaj

So here is what I think we will do.......

She will come visit for a couple of weeks next month. End of June she will come for a 6 month visit. She will apply for an extension in Sept.
When I get my USC we will apply for her visa.
If her extension is denied then we will cross that bridge when we come to it.
Once I have my USC, what's the best application and visa we should go for to get her here long term with a view to work/permanent?

Noorah101

See Post #17 in this thread. There is only one option. Immigrant Visa.

I would file the I-130 while you are still a PR. It gets her a place in line. No sense waiting until you become a USC.

Your marriage will take place in Sept 2011, correct? So she should expect to immigrate to the USA approximately Summer/Fall 2012.

Rene

basementwaj

I'm on it! Thank you!!!!!!!!!

basementwaj

Rene
is there any actual visa that a green card holder's fiancee can stay in the us legally with until we marry? even if it means no study or work?

Noorah101

Well, there isn't a specific visa for "the fiance of an LPR who wants to stay in the USA but not work or study", no. But there are lots of other visas out there, if she qualifies...as you say B-2 (which will be hard for her to get, being eligible to travel visa-free)...or a work-related visa of some sort (TN, H1B, J-1, whatever she might qualify for), student visa (F-1), etc.

Basically, if she wants to stay in the USA longer than her visit as a tourist allows her, she needs to qualify for some sort of visa in her own right, whether that's work related, student related, or investment related.

But you said you want her to stay legally until you marry, right? As a Canadian, she can stay 6 months in the USA without a visa. You are getting married in Sept 2011. So if she comes over on April 1, she can stay until October 2011, which is even past your wedding date. So I don't see a problem with her staying in the USA until you marry.

The problem will be having her come back again after the marriage...she may or may not have problems entering the USA again so soon, it's up to the POE officer to allow her in or not.

Rene

discoviking

Extension of what? Canadians visitors typically don't get an I-94, so they are essentially admitted D/S. She can't remain in the US as a visitor forever of course, but the simplest thing for her to do would probably be to go back to Canada for a couple of weeks to visit her folks, then come back to the US again for another 6 months.

S Folinsky

A legal consultation might be in order. The lawyers on the northern border, e.g. Buffalo, Seattle, Vermont, etc etc will know the issues regarding Canada. Our good friend J Craig Fong in L.A. knows these.

As an aside, this commercial does not, repeat not, apply to U.S. immigration.

basementwaj

what the?!?!?! burker king?

basementwaj

"spread the karma" BS.. so big karma from me to you!

ian-mstm

There is no "have it your way" visa.

Ian