F-1/OPT marrying H1-B

[sjj427 0]

I'm not sure if this is the best place for this...if it isn't, please feel free to direct me elsewhere!

Here is my situation.

I am a Canadian citizen, just finishing up school in the US on a F-1 visa and my OPT application has been in process. He is a Korean citizen, with Filipino permanent residency, with a H1-B visa working in the US. We're getting married in Toronto in May 2012 but want to be living in Chicago (assuming that all this paperwork sorts itself out) after getting married. I guess I feel confused and overwhelmed because there are two parts to this: dealing with Canadian immigration to let him come and get married in Toronto, and then dealing with US immigration so that I can come back to the US and work here.

Some thoughts/questions on the Canadian side:

-We will probably have to get an Ontario marriage license, correct?

-What do we need to prove to the Canadian side to show that this is a legit marriage and allow him to come to Canada to get married?

And the US side:

-I'm hoping to use the TN status (not sure if anyone is familiar with that) as a social worker to be able to work in the US after, but I'm not sure if this is a temporary status--that they're assuming I'm going to return to Canada after getting some work experience in the US. Would it make it void if my fiance has a H1-B work visa since it seems likely we'll stick around more?

-I think I can come to the US as a dependent of someone with H1-B visa but I can't work with that. Is there a way to transition from being a dependent to actually being legally allowed to work in the US?

And regarding EVERYTHING:

-When the heck am I supposed to start with all this paperwork?! Don't we have to be legally married first to figure out any of this #######?

Sigh. Even if you all don't have answers for me, thanks for hearing me out. Maybe I just need an immigration lawyer. But even for that, I don't know if I should be getting a Canadian one or an American one. Or both?!

[canadian_wife 1,829]

My husband and I got married in Toronto with no pre-paperwork required. he simply walked into city hall, produced his passport and got us a marriage licence. I am not sure what pre-approval you think your fiance needs.

Good luck

[Casprd 167]

Another thing to throw in to the mix is to make sure he can travel outside the US on the H1-B and return without any problems. I'm not sure what the travel restrictions, if any. May want to clarify what passport/residency he will use for all of this. You may want to PM one of the well versed immigration people like pushbrk or JimVaPhuong. They among others seem to really know the process and can probably steer you in the right direction.

[sjj427 0]

My husband and I got married in Toronto with no pre-paperwork required. he simply walked into city hall, produced his passport and got us a marriage licence. I am not sure what pre-approval you think your fiance needs.

Good luck

I guess I'm just concerned because the last time he came into Canada, he said he was visiting his girlfriend, and they gave him a very hard time at customs. He shouldn't have to lie about getting married in Canada - but will that cause Canadian officials to question him more? I was just wondering if it would be helpful for us to have proof that we want to live in the US, that he is not marrying me to get Canadian citizenship, etc...

[canadian_wife 1,829]

Carrying evidence of future US immigration might be a good idea

good luck

PS - you could always marry in the US and save a Canadian ceremony for later if you are that worried about it

[Harsh_77 718]

There are couple thing you might want to think about.

1. Why do you want to marry in Toronto any specific reason? You can well just get married at court house in US.

2. If you want to go to Canada to get married, he needs to have multiple entry H1 visa and tourist visa from canada to enter canada + any other paper work your court would need for you to get married.

3. If you want to work in US you would need a H1, I am not sure you can get a TN or matter of fact even H1 for social service kinda work, normally both visa are reserved for highly skilled employes.

[sjj427 0]

There are couple thing you might want to think about.

1. Why do you want to marry in Toronto any specific reason? You can well just get married at court house in US.

2. If you want to go to Canada to get married, he needs to have multiple entry H1 visa and tourist visa from canada to enter canada + any other paper work your court would need for you to get married.

3. If you want to work in US you would need a H1, I am not sure you can get a TN or matter of fact even H1 for social service kinda work, normally both visa are reserved for highly skilled employes.

1. It is my hometown, where my family and childhood friends are.

2. He has left the US to visit Canada while on his H1 already...I believe he doesn't need a separate tourist visa for Canada as a Korean citizen.

3. Social worker is listed under the professions for TN status.

[Harsh_77 718]

Well in that case you have answered most of your questions yourself.

He does not need any visa to go to Canada, you guys can go to Toronto and get married, returning back he would not have problem he has valid, H1b.

Traveling on OPT is not a best choice, but if you got to do – you go to do.

You will have to wait until you get your OPT or if you can find a employer in meanwhile then you can enter back on TN.

Worst case scenario you would have to enter on H4 as spouse of H1B holder .

[sjj427 0]

Well in that case you have answered most of your questions yourself.

He does not need any visa to go to Canada, you guys can go to Toronto and get married, returning back he would not have problem he has valid, H1b.

Traveling on OPT is not a best choice, but if you got to do – you go to do.

You will have to wait until you get your OPT or if you can find a employer in meanwhile then you can enter back on TN.

Worst case scenario you would have to enter on H4 as spouse of H1B holder .

Do you know how long it takes to process a H4? And is there a way to transition from H4 to a working visa (TN or H1)?

[Harsh_77 718]

Do you know how long it takes to process a H4? And is there a way to transition from H4 to a working visa (TN or H1)?

If you fill out your paper work and have other things ready like getting your appointment at Toronto consulate etc, H4 would be granted right during your interview and you should have passport back in 2-3 days.

Yes from H4 you can transfer to H1 or TN when opportunity arrives.

Edited May 26, 2011 by Harsh_77