Weighing options...

[GregBu 1]

Just looking for some general advice here, any thoughts or help is appreciated.

General Info:

I live in the U.S., she lives in Canada.

My fiancee is in grad school until May 2010. When she graduates, her degree should enable her to get a TN Visa, if she can find a job.

We're engaged, and until we started to really look at the Visa process had not considered getting married until Summer 2011.

So, having looked at the Visa process some now, we're uncertain how best to continue and see a few options ahead of us.

1. We get married in a few weeks when she visits me, so we can get the ball rolling on a CR-1 Visa, hoping it's done sometime close to her graduation in May (even though that seems unlikely from what I'm reading).

2. Same as 1, only she also works on her TN Visa, we're hoping you can do both, so she could move here on her TN visa while the CR-1 is still being processed (not sure if that works).

3. We hope for the TN Visa, but also work on applying her for a fiancee visa (K-1 I think?).

4. We count on the TN Visa, and start working on a more permanent visa after she gets here (no longer seems viable).

The gist of it is, we really hope she can move here in May 2010. Even if she can't work in the U.S. at that time, we don't want to spend any more time apart.

Advice?

[trailmix 77]

Hi Greg and welcome!

Well, it seems to me that perhaps you are making this more complicated than it needs to be. TN visas are not that easy to get - as you probably already know - plus you would have to wait until she graduates to apply - I would hazard a guess that you would already have the CR1 or K1 visa in your hand shortly - at that point.

Only you can make the decision between the CR1 or K1 - however here is a broad guideline:

K1 - fiancee visa

- More expensive than a CR1 visa

- Once you do all the K1 visa paperwork and she arrives in the U.S. and you get married - you then have to adjust her status - this can take a few months and she can't work until she gets an employment authorization document.

- If she lives in the west you can interview in Vancouver - generally they schedule interviews faster than Montreal - if she lives in the east - she has to interview at Montreal.

CR1 Visa

- You have to be married to apply

- You do not have to adjust her status as soon as she arrives. She can work right away - needs to remove conditions in 2 years.

- Interviews for this visa are only held in Montreal

So that's it in a nutshell - I would personally suggest the CR1 is a much better visa to apply for. If you applied, say, at the end of this month, you can reasonably expect for her to have her visa in hand by the time she graduates, if not before. That is 11 months away and is a reasonable time for processing. No worries if they do process it faster - she has 6 months to move to the U.S. after being issued the visa.

Edited August 11, 2009 by trailmix

[GregBu 1]

Heh, it's my job to overthink things, so when she asks me questions, I can explain my thought process and how I came to the conclusion I did. So when you say I'm overcomplicating things, I've no doubt you're right. Thank you for the advice.

Our biggest goal is to not spend a single day apart beyond what is necessary.

[trailmix 77]

Heh, it's my job to overthink things, so when she asks me questions, I can explain my thought process and how I came to the conclusion I did. So when you say I'm overcomplicating things, I've no doubt you're right. Thank you for the advice.

Our biggest goal is to not spend a single day apart beyond what is necessary.

Understandable. In my opinion, based on that criteria - the TN visa is not an option then? You would have to wait until she graduates, have her find an employer willing to sponsor her and then do the paperwork for the TN - vs applying for the fiancee or CR1 visa now and pretty much having the visa available when she graduates.

Edited August 11, 2009 by trailmix

[thetreble 19]

Our biggest goal is to not spend a single day apart beyond what is necessary.

hehe. I kinda chuckled when I read this...only because you have to understand that this goal can be hardest to achieve above all

[GregBu 1]

Our biggest goal is to not spend a single day apart beyond what is necessary.

hehe. I kinda chuckled when I read this...only because you have to understand that this goal can be hardest to achieve above all

Yeah, I was so naive coming into this. I'm like...#######, she's from Canada!! This shouldn't be so hard.

[Jenni and Bo 0]

Our biggest goal is to not spend a single day apart beyond what is necessary.

hehe. I kinda chuckled when I read this...only because you have to understand that this goal can be hardest to achieve above all

Yeah, I was so naive coming into this. I'm like...#######, she's from Canada!! This shouldn't be so hard.

Believe me, you're not alone there...so many of us thought we easier options I suggest reading all the info and having a talk with your fiancee about it and ask questions of us as you need to

[moni_calla 0]

Our biggest goal is to not spend a single day apart beyond what is necessary.

hehe. I kinda chuckled when I read this...only because you have to understand that this goal can be hardest to achieve above all

Yeah, I was so naive coming into this. I'm like...#######, she's from Canada!! This shouldn't be so hard.

Those are fighting words in the CDN forum!

[canadian_wife 1,822]

Go for the CR-1. The TN will be difficult; in this economic climate it is difficult for anyone to get a job, let alone one that requires sponsorship.

Trust me, employers shy away from hiring someone that needs a *gasp* visa to work for them.

Get married, she can continue with school and hopfully she will have the visa before May 2010 and she can join you as soon as she graduates.

Good luck.

[Misty1979 0]

On the plus side, you can visit back and forth while undergoing the visa process. One of our members; flames9, who has already gone through the process has a pretty good guide in his signature on how to cross the border with ease:

http://www.visajourney.com/forums/index.php?showuser=6471

[GregBu 1]

On the plus side, you can visit back and forth while undergoing the visa process. One of our members; flames9, who has already gone through the process has a pretty good guide in his signature on how to cross the border with ease:

http://www.visajourney.com/forums/index.php?showuser=6471

Thanks, I'll check it out. What are the chances of an 'extended' visit after she graduates, before her Visa is approved? I mean, she can't work, but could she come to the U.S. for several weeks, maybe even a few months while it's processing?

[thetreble 19]

On the plus side, you can visit back and forth while undergoing the visa process. One of our members; flames9, who has already gone through the process has a pretty good guide in his signature on how to cross the border with ease:

http://www.visajourney.com/forums/index.php?showuser=6471

Thanks, I'll check it out. What are the chances of an 'extended' visit after she graduates, before her Visa is approved? I mean, she can't work, but could she come to the U.S. for several weeks, maybe even a few months while it's processing?

As long as she has ties to Canada, won't be a problem. She will need to bring proof that she plans on going back Canada before she gets her visa approved.

Edited August 11, 2009 by thetreble

[GregBu 1]

On the plus side, you can visit back and forth while undergoing the visa process. One of our members; flames9, who has already gone through the process has a pretty good guide in his signature on how to cross the border with ease:

http://www.visajourney.com/forums/index.php?showuser=6471

Thanks, I'll check it out. What are the chances of an 'extended' visit after she graduates, before her Visa is approved? I mean, she can't work, but could she come to the U.S. for several weeks, maybe even a few months while it's processing?

As long as she has ties to Canada, won't be a problem. She will need to bring proof that she plans on going back Canada before she gets her visa approved.

Does return airfare (like a roundtrip ticket) count?

[JillA 2]

On the plus side, you can visit back and forth while undergoing the visa process. One of our members; flames9, who has already gone through the process has a pretty good guide in his signature on how to cross the border with ease:

http://www.visajourney.com/forums/index.php?showuser=6471

Thanks, I'll check it out. What are the chances of an 'extended' visit after she graduates, before her Visa is approved? I mean, she can't work, but could she come to the U.S. for several weeks, maybe even a few months while it's processing?

As long as she has ties to Canada, won't be a problem. She will need to bring proof that she plans on going back Canada before she gets her visa approved.

Does return airfare (like a roundtrip ticket) count?

Sure does! Also, a letter from her employer if she's working that she's due back on such date, a lease if she has one, etc. those types of things work well

[GregBu 1]

Hmm...ok, another question. What about K3 vs. CR-1, I don't have a firm grasp, yet, of the difference between the two, and in our situation, which would be most beneficial?