what is the best and quickest Visa process to use for our situation?

[pushbrk 12,569]

Thanks for all the input. She is a full time student in Canada and due to graduate in 2014. During the summer she does an internship at a company she has been working at for over 4 years. But from my understanding, if you want to do the AOS, she would have to leave with me in the US and cannot go back to Canada till the process is done?

Yes, that's correct. If she intends to continue her schooling in Canada until she graduates, then adjusting status will not work for you.

[Banos23 0]

That is correct and one of the implications of doing AOS in the US. She would not be able to leave the US until her AP is approved. As you file for AOS you can request AP, which would allow her to leave the US and return to Canada.

I would prefer the idea of AOS and AP, but it looks like the CR1 is probably our best bet; since she would be going back to school for almost six months I dont want anything to trigger the entire process. What do you think?

What does it take for her to get a work permit?

[pushbrk 12,569]

Thanks for the input. So after the marriage in uganda, so once we come backI can go ahead and file the I-130 right away. What what happens next after that?

Click on the word GUIDES at the top of any page here. If you're going to do it yourself, become an expert on the guides, NVC shortcuts and form instructions.

[Banos23 0]

Yes, that's correct. If she intends to continue her schooling in Canada until she graduates, then adjusting status will not work for you.

You are really helping us with all this information. Thanks a bunch.

So if we decided she will finish her last year in the US, then the AOS will be applicable to us?

[JohnR! 5,495]

I would prefer the idea of AOS and AP, but it looks like the CR1 is probably our best bet; since she would be going back to school for almost six months I dont want anything to trigger the entire process. What do you think?

What does it take for her to get a work permit?

The idea of AOS is a bad choice, IMHO. If she has to go back to school for another six months you can can start and file the I-130, so the process will run as she is in Canada finishing her studies.

With the CR/IR process, technically, she will be able to work from the moment she enters the US, for she will do so as a resident already, her endorsed visa serving as her greencard until she receives the actual card in the mail. In reality, she will need her Social Security in order to work and that should take a couple of months after she enters the US. However, once she enters the US, she will be able to travel and work immediately.

Edited August 29, 2012 by Gegel

[Cesar & Cata 35]

I would do the IR/CR (I130), when you guys come back from the Uganda wedding (make sure to bring the certificates adn sworn statements from family memebers) send the I-130 listing Canada as her residence and 5-6 months later have the interview in canada, no big deal.

You say he has a B visa, so she can come visit while the IRCR is approved, her ties to the university and multiple trips will give enough to most CBP officers to let her in the country with no issues.

Good Luck.

edit: I wouldn't risk traveling on a non-immigrant visa, with clear intentions of actually immigrating, my interpretation of the rules for non-immigrant visa make this approach visa fraud.

Edited August 29, 2012 by Cesar & Cata

[cathy2904 97]

In reality, she will need her Social Security in order to work and that should take a couple of months after she enters the US.

I don't know if that was a typo but if she enters with a CR1 visa she should have an SSN in a couple of weeks rather than months.

[pushbrk 12,569]

I would do the IR/CR (I130), when you guys come back from the Uganda wedding (make sure to bring the certificates adn sworn statements from family memebers) send the I-130 listing Canada as her residence and 5-6 months later have the interview in canada, no big deal.

You say he has a B visa, so she can come visit while the IRCR is approved, her ties to the university and multiple trips will give enough to most CBP officers to let her in the country with no issues.

Good Luck.

edit: I wouldn't risk traveling on a non-immigrant visa, with clear intentions of actually immigrating, my interpretation of the rules for non-immigrant visa make this approach visa fraud.

Your interpretation is wrong.

You are really helping us with all this information. Thanks a bunch.

So if we decided she will finish her last year in the US, then the AOS will be applicable to us?

Certainly an option to consider carefully, yes.

Getting a work permit would be part of an AOS process, or automatic upon entry with a CR1 visa. Separate from on of those, it's not available at all.

We seem to have new members of the peanut gallery chiming in. I assure you, this question about AOS in your situation comes up more than once a week and the senior members here have answered it the same as I am for the last several years, tens to hundreds of times each. The contrary opinion always crops up too. Do your homework, and consider your options carefully. Pick the one best for your circumstances and priorities.

Edited August 29, 2012 by pushbrk

[JohnR! 5,495]

edit: I wouldn't risk traveling on a non-immigrant visa, with clear intentions of actually immigrating, my interpretation of the rules for non-immigrant visa make this approach visa fraud.

That is correct, according to immigration laws - INA.

[JohnR! 5,495]

I don't know if that was a typo but if she enters with a CR1 visa she should have an SSN in a couple of weeks rather than months.

I said a couple of months to err on the side of caution. In principle, it should take a couple of weeks, but more often than not, the applicant will have to intercede and visit the SSA office in order to get the process moving. In time it should become a matter of a couple of weeks, but as is, the system does not work for everyone.

[pushbrk 12,569]

That is correct, according to immigration laws - INA.

Not when you read in full and take into account how those laws are interpreted specifically regarding the spouse of a US Citizen. Why are you still beating this long dead horse?

[JohnR! 5,495]

Not when you read in full and take into account how those laws are interpreted specifically regarding the spouse of a US Citizen. Why are you still beating this long dead horse?

You are the one beating the dead horse. I agreed to disagree a long time ago.

Have a great day!

[pushbrk 12,569]

You are the one beating the dead horse. I agreed to disagree a long time ago.

Have a great day!

I continue to disagree in public, in this thread until you stop.

[Ban Hammer 13,111]

let's stop the bickering.

[Xanax 349]

Thanks for the input. So after the marriage in uganda, so once we come backI can go ahead and file the I-130 right away. What what happens next after that?

You wait. above in the guides section, they will explain the process step-by-step and make it very easy to understand Congratulations on your up coming marriage.

Edited August 29, 2012 by Xanax