A Canadian Citizen getting Marry to US Permanent Resident (Green Card)

[nadz 0]

Hello Every One,

I am a Canadian Citizen living in Ontario (Toronto) and in IT profession. Have worked in US on TN1 Visa in the past for two years.

My Fiancee a Permanent Resident (Green Card Holder) living with her teen age daughter in New Jersy state.

I also have three kids two are above eighteen (18) years and are studying in canadian Universities. My only daughter is thirteen (13) years of age. I wish to keep my daughter with me in US.

Me and my fiancee are planning to marry soon and I would like to settle in US along with my daughter but so far I have no status in US to start/ find my/ any job there.

My questions are:

1- what type of form can be submitted by my fiancee that I should be eligible to start work in US?

2- How long is the process?

3- How my daughter can stay with me and start her schooling there. Currently she is in grade 7 in Canada?

Looking forward to hear from you soon.

Thanks in advance.

Truly Yours,

Nadz

[Tygrys 143]

Hello Every One,

I am a Canadian Citizen living in Ontario (Toronto) and in IT profession. Have worked in US on TN1 Visa in the past for two years.

My Fiancee a Permanent Resident (Green Card Holder) living with her teen age daughter in New Jersy state.

I also have three kids two are above eighteen (18) years and are studying in canadian Universities. My only daughter is thirteen (13) years of age. I wish to keep my daughter with me in US.

Me and my fiancee are planning to marry soon and I would like to settle in US along with my daughter but so far I have no status in US to start/ find my/ any job there.

My questions are:

1- what type of form can be submitted by my fiancee that I should be eligible to start work in US?

2- How long is the process?

3- How my daughter can stay with me and start her schooling there. Currently she is in grade 7 in Canada?

Looking forward to hear from you soon.

Thanks in advance.

Truly Yours,

Nadz

Permanent residents can't petition for fiance, must be an US citizen to do that.

[JimVaPhuong 4,863]

Hello Every One,

I am a Canadian Citizen living in Ontario (Toronto) and in IT profession. Have worked in US on TN1 Visa in the past for two years.

My Fiancee a Permanent Resident (Green Card Holder) living with her teen age daughter in New Jersy state.

I also have three kids two are above eighteen (18) years and are studying in canadian Universities. My only daughter is thirteen (13) years of age. I wish to keep my daughter with me in US.

Me and my fiancee are planning to marry soon and I would like to settle in US along with my daughter but so far I have no status in US to start/ find my/ any job there.

My questions are:

1- what type of form can be submitted by my fiancee that I should be eligible to start work in US?

2- How long is the process?

3- How my daughter can stay with me and start her schooling there. Currently she is in grade 7 in Canada?

Looking forward to hear from you soon.

Thanks in advance.

Truly Yours,

Nadz

Your fiancee cannot get any sort of visa for you at this time. Only a US citizen can petition for a fiancee.

You can get married, and then your new wife can petition for a F2A visa for you and your daughter. You can't apply for the visa until your priority date becomes current, which will be about 4 years after your wife submits the petition. If your wife becomes a US citizen in the meantime then she can upgrade the petition to CR1 or IR1 (depending on whether you will have been married 2 years at that time), and you'll be able to apply for the visa within months of the petition approval. Once you get the visa, enter the US, and get your green card, then you'll be able to work.

[Audy_Rob 26]

I think one legal approach might be (I do not want to recommend anything illegal or unethical) if you have a Master's Degree and a unique specialty within the IT field, you could try to locate an Employer in your fiancee's area that would sponsor you for an H-1B. Then I think if you marry her, you have a different avenues to AOS independent of your spouse being a PR.

I am not sure if this would fail any test of intent to immigrate. I would think all H-1b's can be viewed as intending to immigrate.

[nadz 0]

Hi Every One,

Thanks for your input. We really appreciate it. So it seems that the K-1 option will not work for us.

Let me add some more info that we got since yesterday. We had also contacted an immigraion lawyer in USA who told us that my fiancee can apply for I-130 and go through counselar processing in Toronto. This is some thing new for us and we would greatly appreicate some input on this avenue.

Second thing is that my fiancee is eligible for citizenship and she can apply for that now. Before she met me she was in no hurry to get her ctiizenship but now the situation is different and she would like to apply for it if that is the best option for us. We have heard differing stories on how long does it take for the citizenship petition to be approved. And are wondering if that would be the faster or slower route for us to take.

So we are wondering which course would be faster for us. As every one can understand, we would like to be together and in USA with me as a legal resident so I can work. So that is what we are aiming for and we would greatly appreciate any input and guidance in this regard.

Thanks a lot! Good luck to every one with their cases!!

[canadian_wife 1,819]

Hello Every One,

I am a Canadian Citizen living in Ontario (Toronto) and in IT profession. Have worked in US on TN1 Visa in the past for two years.

My Fiancee a Permanent Resident (Green Card Holder) living with her teen age daughter in New Jersy state. I also have three kids two are above eighteen (18) years and are studying in canadian Universities. My only daughter is thirteen (13) years of age. I wish to keep my daughter with me in US.

Me and my fiancee are planning to marry soon and I would like to settle in US along with my daughter but so far I have no status in US to start/ find my/ any job there.

My questions are:

1- what type of form can be submitted by my fiancee that I should be eligible to start work in US?

2- How long is the process?

3- How my daughter can stay with me and start her schooling there. Currently she is in grade 7 in Canada?

Looking forward to hear from you soon.

Thanks in advance.

Truly Yours,

Nadz

Your fiance cannot petition through the consulate in Toronto unless she is a legal resident of Toronto/Ontario. You already said she is not so this is not an option for you. It is also not an option for you because the I-130 is for married couples and you already said you are not a married couple. So I'm not sure what you told your immigration attorney but this is incorrect information based on what you said above.

The quickest and easiest way to get you to the US where you can live an work would be to get married now and have your SO send the I-130 petition now as a green card holder. When she becomes a US citizen she can then upgrade the petition

Good luck

[Audy_Rob 26]

For a permanent Resident they are currently about 4 years behind in processing. Meaning they are now processing applications received December 2005.

http://qq.aila.com/content/default.aspx?bc...7C31017%7C29548

[VanessaTony 3,567]

Hi Every One,

Thanks for your input. We really appreciate it. So it seems that the K-1 option will not work for us.

Let me add some more info that we got since yesterday. We had also contacted an immigraion lawyer in USA who told us that my fiancee can apply for I-130 and go through counselar processing in Toronto. This is some thing new for us and we would greatly appreicate some input on this avenue. Not possible

Second thing is that my fiancee is eligible for citizenship and she can apply for that now. Before she met me she was in no hurry to get her ctiizenship but now the situation is different and she would like to apply for it if that is the best option for us. We have heard differing stories on how long does it take for the citizenship petition to be approved. And are wondering if that would be the faster or slower route for us to take. If she is eligible for citizenship, then do that FIRST. It would save a lot of trouble. Then, once that is complete (length of time differs) I would apply for a CR-1 visa. Personally, I would marry in the meantime as it will give you something exciting to think about and to do/plan. Also, the CR-1, while sometimes taking maybe a month or so longer, is far superior in you will arrive in the US with an automatic GC. It saves money by not having to do AOS, but also means you don't have to sit around waiting for AOS to be approved. It also means you can travel immediately.

So we are wondering which course would be faster for us. As every one can understand, we would like to be together and in USA with me as a legal resident so I can work. So that is what we are aiming for and we would greatly appreciate any input and guidance in this regard. As I said above, i don't really know for sure how long naturalisation would take, BUT if you applied for a fiance/spousal visa now, you would be waiting around 4 years if she remains an LPR. Once she's a USC, she can upgrade the petition but I don't think that makes you jump to the front of the line or anything, it's like starting off the USC CR-1.. so to ME it makes sense to start getting the paperwork together for the naturalisation, and get married while that's happening (also so if she takes your name her married name can be on the naturalisation certificate.. if that matters to her ) and then once she's a USC you can send of the spousal petition stuff but you'll've had plenty of time to get all your relationship evidence together and everything else you need.

That's my personal opinion anyway. You could of course do what others suggested and have her petition as an LPR and then have the petition upgraded, but I wouldn't do it that way because it sort of feels a bit more confusing, and 3 lots of paperwork.. where the above is more a path, like 1. Complete naturalisation, 2. File for CR-1.

Best of luck

Edited February 25, 2010 by Vanessa&Tony