I130- looking at staying in canada while it's being processed

[Frank_kay 0]

Hi,

I'm new to the forum here. So hi!

I am the spouse of a permanent resident (LPR) who filed the I130 in September 10"

I was looking at options for getting a work visa while the case is being processed, I've been here for a month looking for work and not sure if I can find a H1B sponsor, and don't think I'm eligible for the E3 work visa for Australians as I've heard it's not a "dual intent" visa.

SO, I was thinking of getting a holiday working visa in Canada (readily available to Australians) and staying there and working for a few months while I'm waiting for my visa, and my spouse can visit me, or vice versa. Is this a probable scenario, and if not what would be the most likely issues we would face?

Thanks in Advance

Frankie

[Abdul2 10]

Frankie that's the best option ever , coz your case will take a real time

[Scoobs 0]

I think the idea of living/working in Canada is a good one, as I've heard that the process for spouses of LPRs can take quite a while. I had to wait over 9 months for my CR1 visa, and my husband is a citizen I was stuck in Australia the whole time.

The only issue with your plan could be when you try to travel to the US. I looked into doing this while I was waiting for my visa, but was put off. Apparently, if you have filed an I130 they may deny your entry if you can't prove enough ties to Canada. I guess they think you're gonna enter the country and just stay. That being said, some people have been able to get through. It all depend on which immigration officer you get at the POE. If you aren't lucky and are refused entry it will jeopardise your immigrant visa. I personally wasn't prepared to take the risk. Have a poke around some of the forums - there are a few about traveling in the US before your visa is granted. There's no problem with your spouse visiting you, though

Also, if you're looking for another Aussie who has filed for an immigrant visa through their LPR spouse, get in touch with homer4all - another VJ member. He's been waiting for quite some time for his visa

Good luck and hope your visa comes quickly!

Edited January 21, 2011 by Scoobs

[Frank_kay 0]

Thanks For your responses!

I am actually in the states now. I had no problem getting in at all, been here since December.

I know with the Visa retrogression I don't know how long the process will take I am came here in December with the hope of adjusting my status as I thought my PD would be current.

SO an issue would be leaving Canada to go to the US for visits?

[random 0]

Thanks For your responses!

I am actually in the states now. I had no problem getting in at all, been here since December.

I know with the Visa retrogression I don't know how long the process will take I am came here in December with the hope of adjusting my status as I thought my PD would be current.

SO an issue would be leaving Canada to go to the US for visits?

Can you elaborate on the adjusting of status? Remember you will need to go back to australia for the interview anyhow (even if the PD was current)?

[Frank_kay 0]

Can you elaborate on the adjusting of status? Remember you will need to go back to australia for the interview anyhow (even if the PD was current)?

Sorry, I'm not sure about the adjusting status... this was just what my lawyer told me.

Yeah, I know I will have to go back to Australia but I will have a fair bit of notice (at least i hope!) before i go back so just looking at ANY possible option this stage

[englishbunny 1]

Sorry, I'm not sure about the adjusting status... this was just what my lawyer told me.

Yeah, I know I will have to go back to Australia but I will have a fair bit of notice (at least i hope!) before i go back so just looking at ANY possible option this stage

What visa have you entered the US on? If it's a waiver I don't think you can AOS from a visa waiver. If it's a B2 it has to be current I think.

What qualifications do you have? Have you any experience in the service industry? If so you could try for a J-1 which is an exchange visa. Just make sure you get one without the 2 year residency rule. The maxium duration you could get a J-1 for is 1 year but at least it's something. Oh and you'll have to apply for it in Oz I'm afraid.

[Frank_kay 0]

What visa have you entered the US on? If it's a waiver I don't think you can AOS from a visa waiver. If it's a B2 it has to be current I think.

What qualifications do you have? Have you any experience in the service industry? If so you could try for a J-1 which is an exchange visa. Just make sure you get one without the 2 year residency rule. The maxium duration you could get a J-1 for is 1 year but at least it's something. Oh and you'll have to apply for it in Oz I'm afraid.

Yeah, I'm here under the Visa Waver.

I have a degree in media communications, not really any service experience but at this stage looking at any options!

[Rick_ES_USA 13]

Here is my 2 cents : Get out the US before the VW expires. Don´t overstay! ... you could be subject to 3/10 year bar without the possibility for AOS... If your lawyer said anything different than this... fire him/her immediately!

Edited January 27, 2011 by Rick_ES_USA

[Frank_kay 0]

Here is my 2 cents : Get out the US before the VW expires. Don´t overstay! ... you could be subject to 3/10 year bar without the possibility for AOS... If your lawyer said anything different than this... fire him/her immediately!

Yes, I will defiantly leave before the VWP runs out! It might be a wait to get a GC as spouse of permanent citizen but i don't want to do anything to possibly damage our case!

Do you think I will have any problems returning back to the US for a visit before i go to Canada say in 3-4 months after I return home?