Any B-2 advice?
Mar 31st 2011, 8:02 pm
#31
BE Forum Addict
Thread Starter
Joined: Oct 2005
Location: TN
Posts: 1,759
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
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
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?
Mar 31st 2011, 8:09 pm
#32
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Any B-2 advice?
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
Last edited by Noorah101; Mar 31st 2011 at 8:30 pm. Reason: wrong information removed
Mar 31st 2011, 8:21 pm
#33
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
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
Rene
Mar 31st 2011, 8:27 pm
#34
Joined: Apr 2002
Posts: 35,082
Re: Any B-2 advice?
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.
Mar 31st 2011, 8:29 pm
#35
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Any B-2 advice?
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
Mar 31st 2011, 9:30 pm
#36
BE Forum Addict
Thread Starter
Joined: Oct 2005
Location: TN
Posts: 1,759
Re: Any B-2 advice?
Bugger
Mar 31st 2011, 9:34 pm
#37
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
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
Rene
Mar 31st 2011, 9:58 pm
#39
BE Forum Addict
Thread Starter
Joined: Oct 2005
Location: TN
Posts: 1,759
Re: Any B-2 advice?
New lawyer appointment booked!
May 20th 2011, 10:27 pm
#41
Just Joined
Joined: Jan 2010
Posts: 18
Re: Any B-2 advice?
I wouldn't file an I-130 until you're a USC, it's never going to go through in time and you're ruling out a LOT of other options if you do it. Lots of these visas such as the B-2, F-1, M-1 etc. you have to prove your non-immigrant intent. I think on the B-2 the applicant has to tick something saying "I don't have a visa application in the works". If you've filed a I-130 then apply for a B-2 you're declaring immigrant intent.
Can she come as a J-1 trainee? I applied and got a J-1 5 years after I got my degree. J-1 is good for a year and she can earn money. Once you're a USC, you're home and dry!
Good luck!
Can she come as a J-1 trainee? I applied and got a J-1 5 years after I got my degree. J-1 is good for a year and she can earn money. Once you're a USC, you're home and dry!
Good luck!
May 21st 2011, 12:44 am
#42
BE Site Lead
Joined: Aug 2004
Location: MA, USA
Posts: 92,170
Re: Any B-2 advice?
I wouldn't file an I-130 until you're a USC, it's never going to go through in time and you're ruling out a LOT of other options if you do it. Lots of these visas such as the B-2, F-1, M-1 etc. you have to prove your non-immigrant intent. I think on the B-2 the applicant has to tick something saying "I don't have a visa application in the works". If you've filed a I-130 then apply for a B-2 you're declaring immigrant intent.
