Please Help! my canadian spouse wants to come to US for work starting July 2009 - what's the quickest way?

[superduddette 0]

we just got married. he is a canadian, i'm a US citizen. he wants to come to u.s to be with me and also to work in a post residency fellowship. the hospital he wants to go to doesn't accept an H1B or a TN visa, only accepts J visa, which we hesitate at getting it since it will create a lot of restriction for us in the future. so we are looking at the quickest ways of him getting a visa/work permit(EAD - the hospital does accept it) for july 2009. we know that it's very late at doing anything, but does anyone know what /which route we should take? I-130 with K3? any ideas/suggestion would be appreciate it!!!

[Chica Yeyé 41]

The quickest way to get to the US isthe K-3. Now, after that, it would take up to 90 more days to get the EAD. So your best bet is still CR-1; and neither of the 2 options looks like it would be granted before july

[Dakine 26]

we just got married. he is a canadian, i'm a US citizen. he wants to come to u.s to be with me and also to work in a post residency fellowship. the hospital he wants to go to doesn't accept an H1B or a TN visa, only accepts J visa, which we hesitate at getting it since it will create a lot of restriction for us in the future. so we are looking at the quickest ways of him getting a visa/work permit(EAD - the hospital does accept it) for july 2009. we know that it's very late at doing anything, but does anyone know what /which route we should take? I-130 with K3? any ideas/suggestion would be appreciate it!!!

Sounds like the CR-1 would be better as he can work SOON after arrival in the US.

[Serendipity_ 0]

we just got married. he is a canadian, i'm a US citizen. he wants to come to u.s to be with me and also to work in a post residency fellowship. the hospital he wants to go to doesn't accept an H1B or a TN visa, only accepts J visa, which we hesitate at getting it since it will create a lot of restriction for us in the future. so we are looking at the quickest ways of him getting a visa/work permit(EAD - the hospital does accept it) for july 2009. we know that it's very late at doing anything, but does anyone know what /which route we should take? I-130 with K3? any ideas/suggestion would be appreciate it!!!

If TN visa in not an option then I would consider filing a stand alone CR1/IR1 visa....as VSC is currently processing stand alone I130 much quicker than K3.

[Reba 2]

CR1s and K3s for Canadians are currently processing in about 1 year. He won't have it by July that's for sure. But it is still an option if they will hold the job for him for another 6 months after that.

[superduddette 0]

so it sounds like by applying a K3 after applying for I130, it will delay the process?

also, i was thinking, what about getting a TN visa first (doing research or something), once he is here, we can apply for EAD and AOS, would that work?

thanks guys for your input!

Edited January 1, 2009 by superduddette

[Reba 2]

No, K3 doesn't delay the process, but if he lives in Eastern Canada (Ontario and eastward), the CR1 takes the same amount of time as the K3, so why bother with the K3? CR1 is work authorized, K3 is not. K3 also costs over $1000 more.

He would unlikely be eligible for a TN because he obviously has immigrant intent. TNs are not dual-intent, they are non-immigrant temporary status work authorizations. If his potential employer will not sponsor him for it anyway as you've previously said, then its not really an option. Unless he can find some other employer willing to sponsor him. But because he's already married to you, a US citizen, trying to convince USCIS that he doesn't have immigrant intent when he applies for a TN will be difficult. Plus, good luck finding a job in this economy. Does he have a university degree? Or several years job experience that even qualifies him for a TN?

CR1 may be the slower option, but may also be the best option.

[Gigli2008 70]

No, K3 doesn't delay the process, but if he lives in Eastern Canada (Ontario and eastward), the CR1 takes the same amount of time as the K3, so why bother with the K3? CR1 is work authorized, K3 is not. K3 also costs over $1000 more.

He would unlikely be eligible for a TN because he obviously has immigrant intent. TNs are not dual-intent, they are non-immigrant temporary status work authorizations. If his potential employer will not sponsor him for it anyway as you've previously said, then its not really an option. Unless he can find some other employer willing to sponsor him. But because he's already married to you, a US citizen, trying to convince USCIS that he doesn't have immigrant intent when he applies for a TN will be difficult. Plus, good luck finding a job in this economy. Does he have a university degree? Or several years job experience that even qualifies him for a TN?

CR1 may be the slower option, but may also be the best option.

Since the OP mentioned Post Residency Fellowship, I am thinking he is a Physician or in that line of work. If I am right, then I would suggest to the OP's spouse to seek posts in Rural Areas where there is dire need for physicians and maybe the employing hospital will sponsor. Happens a lot in rural Texas. Also the OP needs to clarify if the Residency(ies) completed in Canada are US recognized. If not you are looking at doing ECFMG which takes up to 2 years to complete and then repeat residencies in the US. AGAIN....that latter scenario is ONLY IF, 1) the OP's spouse is a Physician and if Canadian residency is not US regonized (Majority/Most of Canadian Residencies are recognized in the US). All in all, wish you well!!