Quickest Route for Canadian husband to Move to US and Work

[Krikit 1,165]

He's not supposed to enter on the VWP with the intent to immigrate. If he's entering with the intent to immigrate, he's supposed to get the CR-1/IR-1 visa. Some people have entered and successfully adjusted status, but there are risks. You can't lie to the border officer or you risk a very long bar from entering, so sometimes it depends on if the border officer questions you about your intent. Certainly if immigration finds out he had a job lined up before he entered on the VWP, that could spell real problems.

Just a point of clarification.... Canada is not a part of the Visa Waiver Program.

[grrrrreat 109]

Just a point of clarification.... Canada is not a part of the Visa Waiver Program.

I know, but the program by which Canadians get into the US visa-free is substantially identical.

[sheeshkabelle 153]

It still may take several months.

If he entered the US (such as on the visa waiver program), he'd have to adjust status to become an LPR (green card). He can submit an application for an employment authorization document at the same time he submits an application to adjust status, and sometimes the EAD is approved shortly before the LPR is approved (sometimes a few weeks, sometimes a few months, some people never get it before they receive the LPR card). He needs either the EAD or LPR to work. By this route, it would still take a few months to get the EAD. He also couldn't leave the US before an advance parole is received, which also takes a few months (can be expedited for emergencies).

He's not supposed to enter on the VWP with the intent to immigrate. If he's entering with the intent to immigrate, he's supposed to get the CR-1/IR-1 visa. Some people have entered and successfully adjusted status, but there are risks. You can't lie to the border officer or you risk a very long bar from entering, so sometimes it depends on if the border officer questions you about your intent. Certainly if immigration finds out he had a job lined up before he entered on the VWP, that could spell real problems.

SSN and the prior TN visa really don't have anything to do with it.

There's a good chance that a petition for CR-1/IR-1 could be adjudicated relatively quickly for you, so consider going that route.

If you apply to adjust status before your authorized status ends, there's technically no overstay. Your status is protected as long as you have an adjustment of status application pending.

Canada is't a visa waiver program, they fall under the Western Hemisphere Travel Initiative, which have different rules all together. CR-1 doesn't adjust status. If that was the case all Canadians would be coming here and not leaving during the process.

If he overstays the six months, when he goes back to Montreal for the interview, and then crosses back, they are going to see he overstayed. It will then be up to the CBP officer to let him in visa or not.

[grrrrreat 109]

Canada is't a visa waiver program, they fall under the Western Hemisphere Travel Initiative, which have different rules all together. CR-1 doesn't adjust status. If that was the case all Canadians would be coming here and not leaving during the process.

If he overstays the six months, when he goes back to Montreal for the interview, and then crosses back, they are going to see he overstayed. It will then be up to the CBP officer to let him in visa or not.

You're right about the VWP, but it doesn't matter.

I didn't say CR-1 adjusts status; I suggested seeking a CR-1 from Canada. In fact, I included a specific caution about entering with the intent to adjust status. However, if an alien is either admitted or paroled into the U.S., the alien can seek adjustment of status based on marriage to a USC. Some Canadians do come here and not leave during the process.

Edited April 11, 2012 by grrrrreat

[Krikit 1,165]

I know, but the program by which Canadians get into the US visa-free is substantially identical.

No, the two are quite different. Canadians are granted entry which more or less equates to a B-2 Visitors Visa without having to go through the process of applying for one.

[grrrrreat 109]

No, the two are quite different. Canadians are granted entry which more or less equates to a B-2 Visitors Visa without having to go through the process of applying for one.

I am not trying to argue, but for the purpose of adjusting status from inside the United States, it doesn't matter. And the requirement that the alien lack the intent to immigrate is also the same.

Please let me know if I've overlooked some reason the VWP is different from the WHTI for the purpose of adjusting status as a spouse of a USC.

Edited April 11, 2012 by grrrrreat

[Krikit 1,165]

I am not trying to argue, but for the purpose of adjusting status from inside the United States, it doesn't matter. And the requirement that the alien lack the intent to immigrate is also the same.

Please let me know if I've overlooked some reason the VWP is different from the WHTI for the purpose of adjusting status as a spouse of a USC.

1. The length of time allowed in the country (affects filing time).

2. The fact that someone on a VWP has no recourse if denied. (They waive their rights as VWP entrants.)

There are more.