Quickest way to get legal work status in the US?

[afmy 0]

Hello, I was wondering if I can get some recommendations on the following:

My situation: I am Non-US citizen living and working in Canada and about to get my Canadian PR. My fiance is a US citizen who is living with me in Canada I have a potential job offer in the US but it depends on how fast I can get a US work visa/ green card. I used to work in the US under a H1B for 5 years. I also have a 10 year B2 visa to enter the US as a visitor. My fiance and I planned to get married in September 2014 in the US. Because of this potential job offer, we are open to getting married earlier in Canada if it provides options for me to go down a certain immigration/ non-immigration route to get a legal work status (either a green card or a temporary work visa). Here are some options I was thinking of:

Scenario 1:

I get married to my fiance now (in March 2014) in Canada and go through the CR-1 Spouse Visa Process where my fiance will file I-130 with USCIS while we are still living in Canada. I will wait for NOA1 and NOA2 and go through interview process. How long will this process take from the time my fiance files I-130 to the time I get to the interview and granted entry to US? I have seen varying timelines from 44 days to 400+ days on the visajourney timeline tracker.

Scenario 2:

I get married to my fiance now (in March 2014) in Canada and go through the K3 non-immigrant fiance visa route. Once I am in the US (as a non-immigrant), I will apply under I-765 for a temporary work visa , and at the same time, also file for I-130. My only reason for going through this route is if the K3 + I-765 + I-130 route is if this would get me started on the job sooner than going through CR-1 route.

Scenario 3:

I have my potential future employer apply for a non-immigrant work visa for me, although I am not sure what category I would fall under. Would it be the H1B? I already have five years on my H1B from prior job in US, but I think the clock can be reset since I have been living outside of the US for 2 years now. If my potential employer applied for an H1B for me, do I get the remaining one year of H1B, or do I get a new three year term H1B?

Scenario 4:

I have my potential future employer apply for a EB-3 or EB-2 employment-based green card, although I think this would be the slowest and most cumbersome route as a labor certification would need to performed first.

Given my situation and out of these four scenarios, which would you recommend?

On a completely different scenario, assuming I end up not taking this job offer and I continue with plans to get married in September 2014 in his hometown in the US, and both of us return to Canada to live and work after the wedding- Can I enter US with my current B2 visa for my wedding in September with the intention of returning to Canada, or do I need to apply for a K1 fiance visa given my intention was to get married and not really to "visit" the US (though we may decide to honeymoon in the US)?

Thanks!

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[vegasbound 83]

This is perhaps one of the most frequently asked questions in this forum, 'what is the quickest way possible to get to the US?'

Unfortunately, there is no shortcut or a fast path to obtaining legal residency in the US, regardless of the reason(s) for seeking it (unless your soon-to-be USC spouse is in active military duty, then you can request for expedited services).

It also depends on how soon you wish to be able to start working legally in the US. Realistically, if your job offer is within 6 months, then you are most likely out of luck.

Scenario 1 is a valid route for you to obtain legal residency in the US but you are looking at a processing time of 10-12 months (a somewhat conservative estimate but others would suggest a longer waiting time) before you can get a visa.

As for Scenario 2, if you have been following this forum, you should know that the general consensus here is that the K-3 is an obsolete path. It used to serve as a fast track visa for foreign spouses of USCs to be able to move to the US earlier and wait for the I-130 to be processed but since the processing times for I-130s have been shortened comparatively to what they used to be 3 - 4 years ago, the K-3 is pretty much moot. However, there are many others who filed for it with hopes that the K-3 would be processed earlier but I have yet to see any successful attempt in obtaining a K-3 as of late.

(Sorry but I cannot provide any insight to employment-based visas since I do not have any experience with those but I doubt they are what you need based on your situation).

Based on your situation that you have presented, I would think that the best option for you would be to file for a K-1 visa (fiance) and follow through with your plans to get married in the US later this year. However, your initial September date might have to be postponed somewhat seeing that it is already March now. The estimated processing time for K-1 (based on USCIS national average) is 5 months. Plus another 1-2 months to schedule an interview and you are looking at 7-8 months before you can move to the US. (unlike earlier, this is a less conservative estimate - others have waited longer for interview dates with either the Vancouver or Montreal consulate).

As for your Plan B, you do not need the K-1 visa if you are planning to get married in the US and promptly return to Canada. However, you need to be prepared, with evidence, to convince the CBP agent at the POE that you fully intend to return to Canada after your wedding. Evidence such as employment letter, lease, property deed, bank accounts, and basically anything that you think would establish your ties to Canada.

Edited March 9, 2014 by vegasbound

[afmy 0]

Hi Vegasbound, thank you for your insight, I spoke to another friend who provided a similar view point as yours about going through the K1 route. Thanks again for your help!

[Asia 2,498]

Getting CR-1 visa will let you work practically as soon as you cross the US border (since you'll receive GC at the border).

Getting K-1 visa will immobilize you untill receive a GC.

[afmy 0]

Hi Asia, agree with your point, which was why I thought about doing the CR-1 instead of K-1 at first, since the GC comes with rights to work but the K1 would mean I would need to apply for temporary work permit while waiting for the GC. Thanks for sharing your thoughts on this!

[NikLR 13,227]

With the K1 you can apply for the EAD and AP when you AOS. Takes about 2-3 months to get and you can work at that time. If you already have a job offer you can ask for an expedite for the EAD based on a job offer.

[afmy 0]

Hi NLR, what is an AP?

[NikLR 13,227]

Hi NLR, what is an AP?

In this case is means advance parole. When you immigrate on a K1 visa you have 90 days to get married after you enter. After marriage you have to file an adjustment of status. While the adjustment of status is processing, you cannot leave the USA without the government's permission or else they consider your case abandoned. So you apply for advance parole and employment authorization document at the same time as the AOS as it's free to do so. This means you'd be able to travel outside of the USA and work legally. It does not mean you are a permanent resident at that time, so you are in a kind of limbo. You are no longer a Canadian resident when you enter the USA on your K1 visa, but you're not a legal permanent resident of the USA until after the AOS is approved. You become a legal alien in a period of authorized stay. You cannot go back to Canada to get medical treatment, but you can drive on your Canadian driver's license.

That is why we decided to chase a CR1 visa. We were married because we knew we wanted to spend our lives together. As a bonus immigration in either direction was easier as a married couple. So we were married sooner than we would have been if we were both from the same country but it was where the relationship was going. We decided on living to the USA because of his current career. It was a near thing to live in Canada I tells ya! So, not being able to travel for 3 months for me was unacceptable. Also as a Canadian you are entitled to EI if you immigrate to the USA for family reasons. If you have a green card, you can work immediately, so you can immediately collect EI until you find employment. If you are a K1 visa holder, you have to apply still within 4 weeks of leaving your employment, but you cannot collect EI until after you have the EAD.