Work sponsering me to work in US - need help

[roleo79 0]

By late in the year my work would like to sponsor me to go work at one of our facilities in the US for a couple of years. They will take care of my work visa, etc. but my question is regarding my girlfriend. The situation is a bit complicated so let me give some background first.

I live in Ontario right now and I am in the process of going through a divorce which should be complete by June 2010. With that relationship over I met a wonderful woman a few months back and she is currently living with me. She is definitely the one I want to be with and she wants to relocate with me to the US. I have no issues getting engaged with her once my divorce has been finalized but I am not sure what I need to do to prepare for the move.

She would at some point like to work in the US but is willing to go back to school for some courses which can be taken in the US. We don't want to be apart and short of having a company also sponsor her to go to the US to work for them what other options do we have?

Please provide me with some direction or information as I am not sure where to start.

Thank you in advance.

Edited February 18, 2010 by roleo79

[SunDrop 59]

By late in the year my work would like to sponsor me to go work at one of our facilities in the US for a couple of years. They will take care of my work visa, etc. but my question is regarding my girlfriend. The situation is a bit complicated so let me give some background first.

I live in Ontario right now and I am in the process of going through a divorce which should be complete by June 2010. With that relationship over I met a wonderful woman a few months back and she is currently living with me. She is definitely the one I want to be with and she wants to relocate with me to the US. I have no issues getting engaged with her once my divorce has been finalized but I am not sure what I need to do to prepare for the move.

She would at some point like to work in the US but is willing to go back to school for some courses which can be taken in the US. We don't want to be apart and short of having a company also sponsor her to go to the US to work for them what other options do we have?

Please provide me with some direction or information as I am not sure where to start.

Thank you in advance.

If you were married, would your company take care of her visa too? I take it you're both Canadian Permanent Residents? She could accompany you on a dependent's visa if you are married. Assuming you'd be on an L1 visa, she would be an L2 and could apply for permission to work.

You couldn't bring her to the US on a fiancee's K1 visa, since you are not a US Citizen.

Moving from K1 P&P to General Discussion, as information provided by OP indicates ineligibility for a K1

Edited February 18, 2010 by SunDrop

[Kathryn41 3,205]

Here is a link to the different type of work visas and the related visa for accompanying spouses. Unfortunately, outside of her qualifying to be employed on her own right and being sponsored to the US by an employer, or qualifying for a student visa (which may not fit your plans very well) the only way she can accompany you is as your wife.

http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

[roleo79 0]

Here is a link to the different type of work visas and the related visa for accompanying spouses. Unfortunately, outside of her qualifying to be employed on her own right and being sponsored to the US by an employer, or qualifying for a student visa (which may not fit your plans very well) the only way she can accompany you is as your wife.

http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

Thanks for the info. The other question is, for the 1st 6 months I assume she can stay there with me as a visitor if she is not planning on working, correct? After that if we got married she can stay. Does that make sense?

[justashooter 430]

Thanks for the info. The other question is, for the 1st 6 months I assume she can stay there with me as a visitor if she is not planning on working, correct? After that if we got married she can stay. Does that make sense?

read one way, she would be entering as a visitor with the intent of getting married and adjusting status from VWP to L2. read another way, that would be marriage incident to a visit and need to adjust to L2. in either case, you are not a USA resident, or a citizen, so her adjustment would require an application for L2, which would prolly involve her returning to canada for the process.

information you have not provided includes her current status in canada, and yours. are you PR in canada, or canadian citizens? if you are canadian citizens she can enter on VWP, but most countries citizerns will need B2 to visit USA, and will have duration of stay limits as specified on the approved visa, assuming that it is approved.

so, what country are you and she citizens of? what status are you both in canada on?

[roleo79 0]

read one way, she would be entering as a visitor with the intent of getting married and adjusting status from VWP to L2. read another way, that would be marriage incident to a visit and need to adjust to L2. in either case, you are not a USA resident, or a citizen, so her adjustment would require an application for L2, which would prolly involve her returning to canada for the process.

information you have not provided includes her current status in canada, and yours. are you PR in canada, or canadian citizens? if you are canadian citizens she can enter on VWP, but most countries citizerns will need B2 to visit USA, and will have duration of stay limits as specified on the approved visa, assuming that it is approved.

so, what country are you and she citizens of? what status are you both in canada on?

We were both born and raised in Canada so we are Canadian Citizens. We have never lived outside of Canada.

[Kathryn41 3,205]

Just one correction to Justashooter's comprehensive post - Canadians are not part of the Visa Waiver Programme but have a special relationship with the US that allow them to enter without a visa - thus no need for the visa to be waivered.

As Justashooter mentioned, however, if she joins you in the US and enters as a visitor with the intent of getting married to you and staying in the US adjusting to a different status, that is considered visa fraud - using a visa issued for one purpose with the intent of using it for a different purpose - and carries stiff penalties. You really don't want to do that.

She is allowed to visit the US for up to 6 months - but, and a big but - it is up to the border authority to decide IF she will be allowed to visit and for how long. She should be prepared to bring strong proof of her ties to Canada as evidence that she needs to return to Canada (letter from employer, rent lease or mortgage, ongoing expenses and bills that need to be paid, etc.). Without those, if she presented herself at the border saying she was coming to live with her boyfriend for 6 months she would almost definitely be turned back. She must also be absolutely honest at the border whenever she is questioned even if it looks like the answer might not go in her favour. Lying to border authorities is called misrepresentation and can lead to a life time ban on ever entering the US. If you two do get married and want to pursue any type of immigration to the US, lying to the border WILL come back to haunt you at every future step along the way.

Unfortunately, borders are not very friendly for cross-border relationships and there are strict rules and procedures to follow. It is almost impossible to have your cake and eat it too so you two are going to have to decide on some things if you wish to continue a permanent relationship. I suspect you will have to get use to the idea that there will be time spent apart during the process - which happens to virtually all of us immigrating to the US unless we are married before we start the process (and even then, sometimes).

Good luck.

Edited March 7, 2010 by Kathryn41