Which path to take?

[eternalrock 0]

Hey everyone,

First of all, let me just say how thankful we are that such a resource exists. It gives us a lot of hope! Thanks for providing your insight and advice. It's very much appreciated We've done some research and are looking for some advice on the best way to move forward.

Here's our story. My girlfriend and I met in NYC last summer. We've been dating ever since and are ready to bridge the gap. She's an American and I'm Canadian. We are BOTH willing to relocate, but would like to explore all the options available.

TN visa

We are both Design professionals and appear to meet the TN visa requirements, so this is a strong option for relocation to the US or Canada. My understanding is that we must secure the job first, and then apply for the visa. It seems to work the same for either US or Canada. My only concern with this option is that it might be an issue if we get engaged/married? I just want to make sure we are considering all implications. Are there any issues with this path?

Religious workers visa

I've also been working in ministry the past few years and might be eligible for a religious workers visa. I work at a homeless shelter in Canada that has connections to similar shelters in the US. I might be able to secure a similar position through references and get a visa this way. Again, my concern is the same as above. I want to make sure we are proceeding in a way that is considering all implications.

Fiance visa

And of course, there is also engagement. We've discussed this and will likely take this step soon. I understand we can also get a visa through this avenue (to both the US and Canada). My only concern about this route is the ability to work while under this visa. It sounds a bit complicated and I don't want to be in a position where I can't provide for a long period of time. Any advice or direction would be most appreciated.

If there is another visa path we should consider, please let us know. We are open to suggestions! And if you know another website that specializes in getting VISA's to Canada, that would be helpful too. Thanks so much!

Grace and peace~

Jason&Laura

[Boiler 45,897]

Get married and go the Cr1 route.

No idea about Canada, probably a lot quicker.

One you did not mention, internal transfer with your current Employer.

[eternalrock 0]

If we go with the CR-1, is it possible to stay in the US after we get married? How long until I'd be able to work?

[Boiler 45,897]

You would have to go through the immigrant Visa process but could then work on arrival.

[eternalrock 0]

If my research is correct, it looks like I would have to leave the country for 10-11 months after getting married. http://www.visajourney.com/content/compare Is that what is referred to as immigrant Visa process? If I'm mistaken on these points, please let me know.

Is there any option that allows us to be together after getting married... and ideally, both being able to work? I was hoping my eligibility for TN and religious workers visa might provide this option.

[Boiler 45,897]

You have employment with a Company willing to sponsor you?

Would not surprise me if the Canadian route was a lot quicker.

[eternalrock 0]

Hey there,

My girlfriend is American and I am Canadian. We are looking to take the next step, but are exploring options of immigration first. We are BOTH willing to relocate. We both qualify for TN Visa although I heard it's easier to go the engagement/marriage route. Any suggestions?

Is it easier for me to go to the US... or for her to come here to Canada?

Any thoughts, advice or perspective would be great!

Thanks so much..

Jason

[eternalrock 0]

Thanks for responding Boiler. I'm looking into the Canadian option as well. As for employment, I don't have an employer yet but there's many openings in my field at the moment. I've been doing some research and it looks like the TN is a feasible option. I just wanted to make sure there were no red flags to going this route.

[Beeeebs 19]

The K-1 fiance route is definitely the fastest. Have her go to the US and submit the petition to bring you via the K-1 visa.

[Beeeebs 19]

The CR1 route will take you well over a year! You'd have to wait in Canada too.

Have her bring you over via the K-1 route. Those are getting adjudicated much faster!

[Ryan H 3,819]

Duplicate topics merged and thread moved from General Immigration-Related Discussion to What Visa Do I Need - Family Based Immigration forum. Edited November 3, 2013 by Ryan H

[Boiler 45,897]

K1 requires nearly 90 days of no working, which seems an issue.

If you can get a TN, that is akin to a H1b and would be a good option.

Presumably you have checked that the TN classification applies to both you and any job offer you would likely get?

[Canadian Bacon 6]

We had a similar delima, immigrate to the US or Canada earlier this year. After looking everything thing over in Feburary, the US is faster if you're petitioning for your spouse/fiance. Canada takes from 11 months up to 18 months or more in some cases and if she's abroad with you and the application is denied there's no way to appeal the decision. Also, if you're a Quebec resident there's a minimum income requirement you'd have to meet.*

However, the choice should be based on where you two want to make your lives. My husband and I lived in Canada for around a year before we decided it wasn't for us. Immigrating to a country and then finding out it's impossible to live in is frustrating, especially after all the work it takes. You guys have time to look it over and explore your options thoroughly before jumping on anything. Where you're at in your relationship, the K-1 route would probably be best if you guys choose the US.

[agrabs 241]

Like the previous posted stated - it depends on where you are at in your relationship.

While I can not give you advice for Canada specifically - I can share a couple of things about CR1 versus the K1 route that I didn't really understand or at least didn't comprehend what it would mean until we went through the process.

NEITHER process is quick and you are only looking at a difference of time in months - not years. In fact, when we did the process, CR1 was going at about the same rate as K1. If you are ready to get married, the Cr1 is better because you will get your greencard when you enter the country. This means you will be able to work right away and it also means that you will be able to apply for a driver's license, and travel. So, you will still be able to travel back and forth to Canada.

When you enter on a K1 visa, your 194 expires in 90 days ( the timeframe you have to get married - you then have to pay another $1070 to apply for adjustment of status after you marry). Because that 194 expires in 90days most states won't issue you a driver's license until you get your EAD/ap card . Coming from Canada this probably isn't an issue - but the thing that I really didn't understand was from the time you enter on your K1 until your EAD/AP card is approved, you are in Limbo. While you have legal presence here, you have nothing to show it. In fact, the dmv in my town tried to tell me my husband was here illegally because his i94 had expired.... It takes about 90 days after filing for AOS to get the EAD/AP card. For that time frame you can't work and - you won't be able to travel out of the country and you have nothing to show your status here. It took over a year from the time my husband entered the country to the time his green card was issued. ( this can be faster it you are chosen for an interview). While none of this was a big deal, it was just inconvenient. .

[eternalrock 0]

As I've been doing research, it seems as though going through a TN visa and making sure we get married after 90 days is perhaps the best option. This would allow me to work the entire time and would be a seamless transition into marriage. The thought of either having to leave the country (CR-1) or being unable to work for 3 months (K1) seems quite challenging! I will keep doing research into this. Thanks so much for your advice!