Getting a job while K3/I-130 in progress

[Madhavi 1]

I am Canadian citizen and currently waiting for my K3 visa (applied in July 2011). In the meantime, I am looking for jobs in the states. In the event that something works out, is it possible to get a TN visa while your I-130 is in process? If so, can I enter the states and then adjust my status after going there?

Thanks for any advice!

[canadian_wife 1,822]

TN is a non-immigrant visa. Entering on a TN visa with intentions of adjusting status is visa fraud.

Good luck

[pushbrk 12,883]

TN is a non-immigrant visa. Entering on a TN visa with intentions of adjusting status is visa fraud.

Good luck

The OP didn't mention adjusting status. The more relevant issue is that people with demonstrated immigrant intent are not eligible for non-immigrant visas,. Often they are allowed to use them if they have them or Canadians often can use their visitor privilege but no non-immigrant visa issue during an ongoing visa process that allows immigration.

[canadian_wife 1,822]

I am Canadian citizen and currently waiting for my K3 visa (applied in July 2011). In the meantime, I am looking for jobs in the states. In the event that something works out, is it possible to get a TN visa while your I-130 is in process? If so, can I enter the states and then adjust my status after going there?

Thanks for any advice!

Actually push, they did. See the bolded from her original post

[Madhavi 1]

So if I can't adjust my visa on a TN, if I get a job in the states while my K3 is in progress, can I move to the US for work?

[pushbrk 12,883]

Actually push, they did. See the bolded from her original post

Duh, my bad. Sorry.

So if I can't adjust my visa on a TN, if I get a job in the states while my K3 is in progress, can I move to the US for work?

No.

[Madhavi 1]

That is so confusing! Can I enter the US on a visit than atleast while my I-130 is in progress as I am on the Visa Waiver Program for US anyway being a Canadian?

[pushbrk 12,883]

That is so confusing! Can I enter the US on a visit than atleast while my I-130 is in progress as I am on the Visa Waiver Program for US anyway being a Canadian?

Probably can visit. Read post three again in this thread. Canadians have a special visitor privilege, not the Visa Waiver Program. Questions about visiting during the process, tend to be the most FAQ. Check on the Canada regional forum for many discussions on the subject.

[canadian_wife 1,822]

That is so confusing! Can I enter the US on a visit than atleast while my I-130 is in progress as I am on the Visa Waiver Program for US anyway being a Canadian?

Not confusing at all. You have a petition filed on your behalf. It indicates that you intend to immigrate to the US. What you CANNOT do is enter the US on a non-immigrant visa (such as a tourist visa, waiver program, student visa, TN visa....etc) and adjust status. That is visa fraud as you would be using a non-immigrant visa to immigrate.

Canadians do not use the Visa Waiver Program. But yes, many people have visited. However, every CO is trained to assume everyone has immigrant intent. It is up to YOU to prove that you don't. How do you intend to prove you do not have immigrant intent while an immigrant petition has been filed for you? What ties do you have to Canada?

Good luck

[Madhavi 1]

I think the best proof I have is that I have a full time stable job here in Toronto. Will a letter from my employer help to convince the CO at the border that I am not planning to live in US but just going there for a holiday?

I also own property here. Does that help?

[canadian_wife 1,822]

Yes, both those are good. You'll want your employee letter to state your job and your expected return date. Also a lease/mortgage will be good

Just remember, no guarentee that you'll be admitted

good luck

[Madhavi 1]

Yes, both those are good. You'll want your employee letter to state your job and your expected return date. Also a lease/mortgage will be good

Just remember, no guarentee that you'll be admitted

good luck

In the event that I am not admitted (God Forbid), will that impact my current 130 application?

[Harsh_77 718]

Yes you need to show all that to officer at POE, also you might have to show what is status of your K3 and where is it standing.

It will be upto officer to determine if he is going to grant you entry or not. There is no adverse affect on getting rejected but CO might bring it up during the K3 interview and might want to know about the trip.

[canadian_wife 1,822]

In the event that I am not admitted (God Forbid), will that impact my current 130 application?

Nope, I was denied entry twice and it didn't impact my visa

I didn't have sufficient ties to Canada and was married to a USC.

Good luck

[Darnell 8,478]

adjusting status DOES NOT EQUAL a K-3 visa.

Suggest you repost / refactor yer question in the AOS / work/student/tourist subforum, soonish.

Less confusing, as the topic is focused on AOS.