Any B-2 advice?
 

Hi Peeps..

The update first.

Was married to USC for 6 years, divorced last year. Im in TN with a green card. Will apply for citizenship in 12 months.

Im now engaged to my amazing Fiancee who is Canadian. We plan on marrying in Sept.
We want to live here, but until im a USC we will have a visa headache.

Looked into school but at $20k+ its now out of our budget. She was enrolled at a vocational school in Nashville but they just told us that they need to reapply for SERVIS and at a cost of $$$$ they cant do it or even guarantee her place any more.

TN visa is out due to NAFTA terminology and the Internship visa wont work now as she graduated over 12 months ago.

SO

We are thinking a B2 visa, keeping our engagement hush but she could at least spend the next 6 months here.

Questions.
Anyone have any B2 experience?
Should we go ahead and request a 12 month B2 off the bat?
How easy is it for her to come on a B2?
Will we have issues once im a USC and we declare our marriage?
Kinda at my wits end.... as per usual!

:)

Re: Any B-2 advice?
 

If your fiancée is Canadian, isn't she able to visit the US for 6 months without a visa? :confused:

Re: Any B-2 advice?
 

Not as far as we know. 3 months only, 6 on the standard B2. US ports of entry are not as flexible since 9 11

Re: Any B-2 advice?
 

Sorry no idea but nice to see you and congrats :cool:

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thanks sally!

BE is one of those sites that consumes you! ;)
i have to stop myself from surfing it regularly! lol

Re: Any B-2 advice?
 

Re: Any B-2 advice?
 

Tell me about it :lol:

Re: Any B-2 advice?
 

Have a look at this site: http://www.consular.canada.usembassy.gov/canadians.asp

"Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry."


As for the B-2 visa, since she's Canadian and doesn't need a visa to visit the US, she's unlikely to be granted one. She can apply by all means, but she would have to provide lots of proof that she has reason to return to Canada. I really do think it's unlikely she'd be successful getting a B-2, unfortunately.

As you said, once you become a USC you'll be able to petition for her to come to the US. You can get married in September as you're planning to, but she wouldn't be eligible to remain here beyond the time she's given at the POE so she'd have to return to Canada and wait it out. She should be able to visit you in the US though during the visa process, as long as she can prove ties to Canada.

Hope this helps!

Re: Any B-2 advice?
 

shizzle my vizzle Fat Brit!!!!!


How have i not seen this before and why hasnt my immigration attorney mentioned it!?!?!?!?!?!

This is great! if we keep hush about the Fiance thing, we should be good for 6 months! Am i reading that right?

Re: Any B-2 advice?
 

Hey!

Usual provisos with VWP or B entry apply -- don't be crossing that border with the kitchen sink in the back of your car, etc.

Dunno what's up with your immigration attorney. If s/he was unaware of the provisions for Canadians, it's probably best to dump them.

Re: Any B-2 advice?
 

hi lovely.
You have an immigration attorney and they have failed to mention that Canadians do not normally get visas at all, and that they may VISIT for 6 months of the year?

Your situation is a little bit more complicated, but I'd hope you would have learned that much from him by now. Maybe he's looking bigger picture.
Are you keeping an eye on the Visa Bulletin? The wait may not be as long as you think (separation) and you can petition as soon as you're married.

Re: Any B-2 advice?
 

The attorney was useless and i vowed to never use her again! I knew she was full of crap when she kept mentioning that we should overstay!

She had never dealt with Canucks before.

I think we will go with the Keep It Simple Stupid approach. Regular non visa entry, beginning of Sept apply for an extension. If its denied we only have 3 months separation before im a USC and she can stay as my spouse for good. The working situation isnt even a factor now that i have downsized and can afford for her to stay and not work!

Sigh of relief!

Re: Any B-2 advice?
 

Is there even an extension option for Canadians?

Re: Any B-2 advice?
 

"Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry. Requests to extend or adjust a stay must be made prior to expiry to the U.S. Citizenship and Immigration Service."

Re: Any B-2 advice?
 

nope, i got the house all set, she just needs clothes! (or not ;) )

Re: Any B-2 advice?
 

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.

Re: Any B-2 advice?
 

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

Re: Any B-2 advice?
 

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)

Re: Any B-2 advice?
 

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

Re: Any B-2 advice?
 

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

Re: Any B-2 advice?
 

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?

Re: Any B-2 advice?
 

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

Re: Any B-2 advice?
 

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

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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?

Re: Any B-2 advice?
 

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

Re: Any B-2 advice?
 

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.

Re: Any B-2 advice?
 

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.

Re: Any B-2 advice?
 

what the?!?!?! burker king?

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

Re: Any B-2 advice?
 

There is no "have it your way" visa. :)

Ian

Re: Any B-2 advice?
 

another hypothetical.

Amazing Fiancee cant enter the US as (or for the purpose of) being my Fiancee. What if i were to fly to Canada today and we get married. Can she 'visit' the US legally and stay with me, re entereing every 6 months until she gets her GC?

Re: Any B-2 advice?
 

She can visit the USA for up to 6 months at a time whether she's married to you or not. Being married doesn't change anything regarding her visiting the USA.

Being married sooner means you can file the I-130 sooner to get the ball rolling on her Immigrant Visa, though.

In the meantime, (until she gets her Immigrant Visa in hand), she'll be visiting the USA just like she would before you were married. It will always be a problem having 2 back-to-back 6-month long trips, since the POE officer will think she's trying to live in the USA as a visitor (which is, in fact, what she'd be trying to do).

Rene

Re: Any B-2 advice?
 

Just as there isn't a specific visa for "the fiance of an LPR who wants to stay in the USA but not work or study", there also isn't a specific visa for "the wife of an LPR (or USC) who wants to stay in the USA but not work or study".

Rene

Re: Any B-2 advice?
 

You really need to see a lawyer who can make a comprehensive plan with you.

She can not live here as a tourist. She can't enter as a tourist with the intention of immigrating on that visit. You are in a very delicate dance and you need more private help than we can offer on this topic.

Re: Any B-2 advice?
 

Never mind what I said about her getting her Immigrant Visa by Feb 2012. I just remembered you're only an LPR right now. Even if you marry her tomorrow, she will still be the wife of an LPR and there is a backlog in that category. Check the visa bulletin to see what priority date they're currently working on.

If you apply for citizenship in March 2012, you'll most likely become a USC around Sept 2012. At that point, you can upgrade her petition to "wife of USC", and processing will continue immediately on her case. The I-130 will most likely be approved by then, but it will still take some months to go through NVC and have her interview and all that. So you're probably looking at having her Immigrate to the USA by early 2013.

In the meantime, she has two ways of coming to the USA: 1) As a visitor (usually allowed to stay up to 6 months at a time, but back to back trips will trigger questioning at the POE, which could result in her being turned away at the POE); or 2) Finding some way of obtaining her own visa to the USA as we discussed, either through work, school, or investment.

Rene

Re: Any B-2 advice?
 

Bugger

Re: Any B-2 advice?
 

It's OK, most of us on here (at least over in the Marriage-Based forum) spent significant time away from our spouses/fiance(e)s during the immigration process. The year and a half will fly by, and you'll still be able to visit each other in the meantime...you guys will survive. :)

Rene

Re: Any B-2 advice?
 

You skipped the part in fatbrit's link about her studying without an actual visa.

Re: Any B-2 advice?
 

New lawyer appointment booked!

Re: Any B-2 advice?
 

You should both be aware of the US tax ramifications of what you're proposing.

Ian