Canadian needs help!

[visacan 0]

Hi folks.

I have a scenario for you. I just got a full time job in the US. My fiance is there (she is American) I am Canadian. When I went for the interview for the job I had a consultation with an immigration lawyer. They told me the most expedient way to get to work was to marry my fiance at city hall and process the application for the green card (not sure what visa that is) and work permit. They said I could possibly have a SSN in 60 days but no more than 90.

We can't afford the lawyers fees so we want to do the paperwork on our own, but we just want to know the best way of doing it. Any suggestions would be most beneficial as we are looking to do this immediately in the new year. Thanks a ton.

[YuAndDan 153]

Hi folks.

I have a scenario for you. I just got a full time job in the US. My fiance is there (she is American) I am Canadian. When I went for the interview for the job I had a consultation with an immigration lawyer. They told me the most expedient way to get to work was to marry my fiance at city hall and process the application for the green card (not sure what visa that is) and work permit. They said I could possibly have a SSN in 60 days but no more than 90.

We can't afford the lawyers fees so we want to do the paperwork on our own, but we just want to know the best way of doing it. Any suggestions would be most beneficial as we are looking to do this immediately in the new year. Thanks a ton.

You you have a work visa or TN visa? How can you get a job in USA without work authorization?

If you have a work visa or TN visa you could marry and the adjust status based on marriage, your intent when getting work visa is work.

Guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

If you do not have a work visa, and are entering the USA as a visitor with the intent to immigrate, then this is considered to be visa fraud, and if this intent is determined by USCIS when they interview for green-card they can deny adjustment of status.

[visacan 0]

Well I should be more specific in saying I have "secured" a job should I obtain legal documents saying I can work. I am just looking for the most expedient way. My fiance and I were planning on getting married this summer but since the option for employment has arisen then we were looking to get married now.

I was told by an immigration lawyer that I can get a work permit within 90 days? How does the SSN fit in with this? Do I have to apply for this separately. I'm a little confused as to the process after we get married. Thanks.

[YuAndDan 153]

Well I should be more specific in saying I have "secured" a job should I obtain legal documents saying I can work. I am just looking for the most expedient way. My fiance and I were planning on getting married this summer but since the option for employment has arisen then we were looking to get married now.

I was told by an immigration lawyer that I can get a work permit within 90 days? How does the SSN fit in with this? Do I have to apply for this separately. I'm a little confused as to the process after we get married. Thanks.

As I said: If you do not have a work visa, and are entering the USA as a visitor with the intent to immigrate, then this is considered to be visa fraud, and if this intent is determined by USCIS when they interview for green-card they can deny adjustment of status. Denial of AOS based on visa fraud can result in a lifetime ban.

You are already saying you have a fiancee, and entering the USA with the intent to marry and immigrate, this requires a K-1 visa.

After entry to the USA on a K-1 visa you have 90 days to marry and file to adjust status. You can also apply for work permission (EAD) when filling to adjust status. EAD can take up to 90 days to get.

If your intent is to be able to work shortly after entry, the the best option is to marry, and file for a spousal (CR-1) visa, this visa results in a green-card upon entry to the USA allowing work.

SSA will issue a SSN to a person who is authorized to work in the USA (EAD, CR-1 (Green-card holder) or (K-1 visa holder within 76 days of entry))

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

Edited December 23, 2008 by YuAndDan

[visacan 0]

Thanks a lot for your help!

[metinil 0]

Check out if the job is listed for a TN visa and if you qualify (in most cases you need a bachelors degree). That is the easiest option. Otherwise I believe if you enter as a tourist and you can then file to have your status adjusted for a work visa. No idea how long this takes.

I'm surprised your future employer is not taking care of this for you.