Possible to work temporarily in Canada while waiting for CR-1?

[JaJo08 0]

Hello All-

I know I've been asking a lot of questions lately, but this board and the people here are such a great resource!

As some of you are familiar now, my wife and were married two weekends ago here in the states, and we are now assembling the items for the I-130. Our ultimate goal is to have here come here to the states. but......

I work in a very niche oriented tech field and there is a decent chance I can find work up there in Canada as I've already been networking through some of her friends. If I were to find work and get a temporary work visa, could I go up there and work while the paperwork was pending here in the states for the CR-1? or does that negate the process?

The other thought is if she found work down here and were able to get a job she could move down here and eventually just apply for the change of status, but chances of her finding a job here are more difficult. She works in nonprofit and academia and certain places/institutions are exempt from the H1B quota and timeline and thus she could come in immediately if she found an employer to sponsor her.

If I did find work and move up there, the other option could be to become a permanent resident and then since we are already married, couldn't we then go the direct consulate filing route after I've lived there for a certain amount of time?

As always your input and thoughts are greatly appreciated!

[Kathryn41 3,205]

Hello All-

I know I've been asking a lot of questions lately, but this board and the people here are such a great resource!

As some of you are familiar now, my wife and were married two weekends ago here in the states, and we are now assembling the items for the I-130. Our ultimate goal is to have here come here to the states. but......

I work in a very niche oriented tech field and there is a decent chance I can find work up there in Canada as I've already been networking through some of her friends. If I were to find work and get a temporary work visa, could I go up there and work while the paperwork was pending here in the states for the CR-1? or does that negate the process?

If you have a valid job offer and receive an employment visa there shouldn't be any problem with you being in Canada while the paperwork is pending for the CR-1. The problem is that finding the job and obtaining the necessary visa may take quite some time as well. Canadian employers need to get authorization before they can hire non-Canadians and part of that process involves advertising Canada wide for Canadian employees. Only when they have satisfied that criteria would a non-Canadian be considered. I am assuming you would maintain your US ties so you still have a US address and such during this time.

The other thought is if she found work down here and were able to get a job she could move down here and eventually just apply for the change of status, but chances of her finding a job here are more difficult. She works in nonprofit and academia and certain places/institutions are exempt from the H1B quota and timeline and thus she could come in immediately if she found an employer to sponsor her.

It is very unlikely she would qualify for one of the very limited employment visas available in the US. Employers are still required to obtain permission to hire non-Americans and jobs in the non-profit sector are not abundant right now. If she has superior academic qualifications, she may qualify, but again the process may take just as long as the CR-1.

If I did find work and move up there, the other option could be to become a permanent resident and then since we are already married, couldn't we then go the direct consulate filing route after I've lived there for a certain amount of time?

You could certainly be sponsored by her to become a permanent resident of Canada - but again if your focus is to try and shorten the time apart your two options are a) applying with you outside of the US where you can still work and earn an income or b ) applying for you inside of Canada where you would need the employment authorization before you would be allowed to work. The second route takes longer but again you are talking time. If you want to live in Canada then there are certainly options to pursue, however, if the ultimate goal is to get her to the US in a timely way your best route is going to be the CR-1. There aren't any real short-cuts out there.

As always your input and thoughts are greatly appreciated!

Edited July 14, 2009 by Kathryn41

[trailmix 77]

If your main goal is to be together as soon as possible, then yes, moving to Canada, applying for PR there would be faster. Getting your PR might take up to a year, but you will be able to work before that (can't remember, it's a few months to get work authorization).

Once you have that you could apply for a CR1 (you could DCF). But - you will like Canada so much you probably won't bother!

Edited July 14, 2009 by trailmix

[Hugglebuggles 60]

Once you have that you could apply for a CR1 (you could DCF). But - you will like Canada so much you probably won't bother!

That was cute!

I have nothing to add JaJo08 other than good luck with whatever route you choose! If you decide to bring your wife here to Denver I'd be more than happy to show her the ropes of being a new immigrant in the wild west... not like i've completely figured it out yet

[JaJo08 0]

Once you have that you could apply for a CR1 (you could DCF). But - you will like Canada so much you probably won't bother!

That was cute!

I have nothing to add JaJo08 other than good luck with whatever route you choose! If you decide to bring your wife here to Denver I'd be more than happy to show her the ropes of being a new immigrant in the wild west... not like i've completely figured it out yet

Thanks hugglebuggles! Our goal is to come here eventually, winter's are harsh up in Edmonton and she really likes it here. How are you liking Colorado thus far?

[Malrothien 6]

If your main goal is to be together as soon as possible, then yes, moving to Canada, applying for PR there would be faster. Getting your PR might take up to a year, but you will be able to work before that (can't remember, it's a few months to get work authorization).

Once you have that you could apply for a CR1 (you could DCF). But - you will like Canada so much you probably won't bother!

It takes about a year, yes, if you have a 'normal' case. I applied June 9, 2006 and landed August 7, 2007. So 14 months.

You can apply for a work visa AFTER you get first stage of approval of your PR application in Canada. Notice - this takes around 8-10 months to receive. I would suggest just continuing with your CR1 because you'd most likely already be done with it before you got first stage approval for Canada.

[Hugglebuggles 60]

Once you have that you could apply for a CR1 (you could DCF). But - you will like Canada so much you probably won't bother!

That was cute!

I have nothing to add JaJo08 other than good luck with whatever route you choose! If you decide to bring your wife here to Denver I'd be more than happy to show her the ropes of being a new immigrant in the wild west... not like i've completely figured it out yet

Thanks hugglebuggles! Our goal is to come here eventually, winter's are harsh up in Edmonton and she really likes it here. How are you liking Colorado thus far?

Colorado is great! The weather and the view are amazing... I don't think I've ever seen this much sunshine! Its definitely an adjustment but so far so good. Its actually easier to adapt to living here then I expected. Colorado and Canada have a lot of similarities, the environment and the people especially. I think your wife would be happy here! Then again, I've heard great things about Edmonton as well. You're very lucky to have 2 great options!

[JaJo08 0]

Once you have that you could apply for a CR1 (you could DCF). But - you will like Canada so much you probably won't bother!

That was cute!

I have nothing to add JaJo08 other than good luck with whatever route you choose! If you decide to bring your wife here to Denver I'd be more than happy to show her the ropes of being a new immigrant in the wild west... not like i've completely figured it out yet

Thanks hugglebuggles! Our goal is to come here eventually, winter's are harsh up in Edmonton and she really likes it here. How are you liking Colorado thus far?

Colorado is great! The weather and the view are amazing... I don't think I've ever seen this much sunshine! Its definitely an adjustment but so far so good. Its actually easier to adapt to living here then I expected. Colorado and Canada have a lot of similarities, the environment and the people especially. I think your wife would be happy here! Then again, I've heard great things about Edmonton as well. You're very lucky to have 2 great options!

As an FYI I just received this response from my immigration lawyer contact here in Denver:

"This is possible. However, the issue comes at the second step when you need to file an affidavit of support. The affidavit must be filed by a US citizen or permanent resident who is "domiciled" in the United States. Therefore, you would have to be back in the US and employed such that you have sufficient income to support the two of you (125% of the poverty level or 18-20K per year). This may be difficult if you are between jobs."

[trailmix 77]

"This is possible. However, the issue comes at the second step when you need to file an affidavit of support. The affidavit must be filed by a US citizen or permanent resident who is "domiciled" in the United States. Therefore, you would have to be back in the US and employed such that you have sufficient income to support the two of you (125% of the poverty level or 18-20K per year). This may be difficult if you are between jobs."

He is wrong.

I have never lived in the U.S. until my Husband and I moved here together last year. You do not have to physically be present in the U.S. to prove intent to return to the U.S. no later than the intending immigrant. Guess the lawyer hasn't read the I-864 instructions.

Yes you do have to prove support, this can be done with assets or a cosponsor if you do not have U.S. income.