basementwaj

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!

randomgirl

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

basementwaj

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

Sally Redux

Sorry no idea but nice to see you and congrats

basementwaj

thanks sally!

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

fatbrit

http://canada.usembassy.gov/visas/in...canadians.html

Sally Redux

Tell me about it

randomgirl

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!

basementwaj

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?

fatbrit

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.

meauxna

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.

basementwaj

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!

meauxna

Is there even an extension option for Canadians?

basementwaj

"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."

basementwaj

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