Difficult situation for U.S.-Canada romance. Advice?

[ivanproton 0]

Hi. We're brand new to the site, and honestly could really use some guidance here.

My fiancee is in Toronto, Ontario and I'm in the Southern US. We're desperate to be together, and our original (admittedly naive) plan was that she'd move down here in the spring and we'd apply for a K-1, then marry when it was approved. In that time, she'd be able to travel back and forth to Canada as needed for her work. After some more research, it looked like it'd be better if she applied while up there, got approved and then came down, when we'd marry and eventually get her a spousal green card.

The problem is this: her career requires that she travel in the US and Europe for 1 or 2 months at a time regularly. As far as we can tell, applying for a K-1 or K-3 would more or less ground her to Canada until everything had gone through, and this just isn't feasible for her profession. We'd be able to wait a few months at the most (and even that would be a strain), but the possibility of her being stuck in Canada for half a year or more of waiting without income...yeesh.

Lastly, once she is able to re-enter the US for us to be together, she'll need to have the option to return to Canada fairly regularly, again for work.

Is there any way for this to be done? We've tried to research the possible options but they all seem to point at her being stuck in one place for many months at a time. Ideally, we wanted to be together in April but she'd have the option to head back up there as needed beginning in late July, then travel through the US and Europe on work visas for her job throughout September. Would these work visas make her K-1 application invalid? As anyone on this forum knows, this is all so painfully confusing. We can't afford an immigration lawyer, and frankly we're not even sure one would be able to help.

At the risk of sounding like a dope, we love each other very much and we just can't understand why there are so many barriers set up to complicate couples from being with each other. Any help you can provide would be beyond appreciated.

Thanks,

Zack Carlson

[misa 2]

She wouldn't necessarily be ground to a halt while you're filing for a K1. There are a few people here who have successfully travelled back and forth for work during K1 or K3 (without a work visa) if she can prove to the POE that is what she is there for and that she is returning to Canada. You might want to consider the option of a K3 though since it is multiple entry. It would allow her to go back after she enters on the K3.

The problem is, it is always up to the officer at the POE to allow or deny entry and every officer is different.

Not sure about the work visas though...

Edited January 14, 2007 by misa

[Cécy 44]

Well, I think that before you obtain the K1, she should be able to do as she's been doing in the past. If she's been able to travel to the US often because of her work, they shouldn't stop her as long as she has a valid reason and papers. After all you have a lot of people who visit each other during this time, so I don't see why it wouldn't work for you.

Now the problem is after getting married, then you need to apply for an Advance Parole, but it can take a few months to obtain it, and then she should be able to travel again.

I'm not sure about the details though.

Good luck.

Edited January 14, 2007 by Cécile

[KarenCee 3]

I'm not so sure the AP can be used like that. Since she travels so much for work, it might cause a problem at the POE upon reentry to the US. Note that I said "MIGHT".

To the OP: This might be a situation to be discussed with a competent Immigration attorney.

[ivanproton 0]

I'm not so sure the AP can be used like that. Since she travels so much for work, it might cause a problem at the POE upon reentry to the US. Note that I said "MIGHT".

To the OP: This might be a situation to be discussed with a competent Immigration attorney.

Yeah...that's the thing. We fear this case may be unusual enough to necessitate an immigration attorney/consultant, and neither one of us earn enough to where that's possible. But it sounds like it may be the only way. Aw, nuts. Anyone know any good free attorneys? Huh huh huh. Damn.

We really appreciate the feedback we've received so far, and please feel free to contact us with any further recommendations.

ivanproton@hotmail.com

Thanks again,

Zack & Sara

Edited January 14, 2007 by ivanproton

[KarenCee 3]

Zack, it's entirely possible to find an Immigration attorney that might allow for a free consultation. It might be worth getting the names of a few and calling around. My husband and I didn't need one so I can't help you there. Best of luck whatever you and your fiancée decide.

[misa 2]

You could try asking for a consulation with this firm in Toronto: http://www.migrationlaw.com/

They have a 24 hour phoneline too for clients that have been denied entry into the U.S. or Canada.

I haven't used them but was contemplating a consultation with them before finding this site. My case isn't complicated though.

[Kathryn41 3,205]

Another option, although I agree, a consultation with an immigration attorney is in order . . . consider getting married, applying for her CR1 status through Montreal while she remains in Canada and you remain in the US. The advantage is that she obtains her permanent residence status in the US upon completion of the visa process and will be able to continue to travel for work; the down side is that you have to be apart during the process and again, her travel may or may not be restricted into the states because of her obvious intent to immigrate. Regardless of whatever option you wish to pursue, I am sorry to burst your bubble, but it will not be in place by April and she will not be able to move down to join you until she has some type of visa in hand. A k-1 fiancee visa allows her a one time crossing of the border with her belongings in order to marry you within 90 days. Once she crosses she will need to stay in the US until after marriage, after application is filed to adjust her status along with employment authorization and advance parole, and the advance parole received - definitely a number of months since APs take approximately 90 days. A k-3 will allow her to leave and re-enter the US a number of times so she could continue to travel with that visa, but again the border guards will be the ultimate decision on whether to allow her back into the country or not, and she would need to address the employment authorization situation if she was actually working in the US even if her base of operationjs was Canada. A CR1 will resolve most of those problems as she only needs to wait until she physically receives the green card, but the separation time is longer. Yes, a lawyer is definitely a good idea.

Edited January 14, 2007 by Kathryn41

[ivanproton 0]

Another option, although I agree, a consultation with an immigration attorney is in order . . . consider getting married, applying for her CR1 status through Montreal while she remains in Canada and you remain in the US. The advantage is that she obtains her permanent residence status in the US upon completion of the visa process and will be able to continue to travel for work; the down side is that you have to be apart during the process and again, her travel may or may not be restricted into the states because of her obvious intent to immigrate. Regardless of whatever option you wish to pursue, I am sorry to burst your bubble, but it will not be in place by April and she will not be able to move down to join you until she has some type of visa in hand. A k-1 fiancee visa allows her a one time crossing of the border with her belongings in order to marry you within 90 days. Once she crosses she will need to stay in the US until after marriage, after application is filed to adjust her status along with employment authorization and advance parole, and the advance parole received - definitely a number of months since APs take approximately 90 days. A k-3 will allow her to leave and re-enter the US a number of times so she could continue to travel with that visa, but again the border guards will be the ultimate decision on whether to allow her back into the country or not, and she would need to address the employment authorization situation if she was actually working in the US even if her base of operationjs was Canada. A CR1 will resolve most of those problems as she only needs to wait until she physically receives the green card, but the separation time is longer. Yes, a lawyer is definitely a good idea.

This is great food for thought, but I have a question. Would the border guards be more likely to allow her through during her pending visa time if she has a separate work visa for the stuff she has to do in the states profesionally?

[rebeccajo 14]

Another option, although I agree, a consultation with an immigration attorney is in order . . . consider getting married, applying for her CR1 status through Montreal while she remains in Canada and you remain in the US. The advantage is that she obtains her permanent residence status in the US upon completion of the visa process and will be able to continue to travel for work; the down side is that you have to be apart during the process and again, her travel may or may not be restricted into the states because of her obvious intent to immigrate. Regardless of whatever option you wish to pursue, I am sorry to burst your bubble, but it will not be in place by April and she will not be able to move down to join you until she has some type of visa in hand. A k-1 fiancee visa allows her a one time crossing of the border with her belongings in order to marry you within 90 days. Once she crosses she will need to stay in the US until after marriage, after application is filed to adjust her status along with employment authorization and advance parole, and the advance parole received - definitely a number of months since APs take approximately 90 days. A k-3 will allow her to leave and re-enter the US a number of times so she could continue to travel with that visa, but again the border guards will be the ultimate decision on whether to allow her back into the country or not, and she would need to address the employment authorization situation if she was actually working in the US even if her base of operationjs was Canada. A CR1 will resolve most of those problems as she only needs to wait until she physically receives the green card, but the separation time is longer. Yes, a lawyer is definitely a good idea.

This is great food for thought, but I have a question. Would the border guards be more likely to allow her through during her pending visa time if she has a separate work visa for the stuff she has to do in the states profesionally?

We need 'zyggy' and 'lal_brandow' in this thread.......

[LaL 418]

my husband did something quite similar to what you are trying to accomplish, although he did "comply" with the K1 visa "restrictions" for lack of a better word. Meaning once the K1 was obtained, entering the US was halted until entry for marriage (again in other words, he had to tell his supervisor he could not enter the US for work for the time being). Likewise once he got here, he had to tell his employer he could not go back to the HQ until the Advanced Parole was obatined after we married. Luckily he has a VERY accommodating employer. I should add that he had zero issues entering the US for business even with our pending K1 (although its never a guarantee). (i should add that everytime my husband entered the US it was on a B1/B2 as he was not a Canadian citizen).

I have to say, if we could do it all over again, we would have pursued the CR1, he could have continued to live his life as normally aspossible while I lived my life as normal, vs entering on K1, applying for travel and work and adjusting status.

Also - i believe Canada does DCF as well now! Something to think about.

Laura

[misa 2]

Also - i believe Canada does DCF as well now! Something to think about.

Unfortunately, Canada only does DCF for USCs that are resident in Canada.

[zyggy 9]

Another option, although I agree, a consultation with an immigration attorney is in order . . . consider getting married, applying for her CR1 status through Montreal while she remains in Canada and you remain in the US. The advantage is that she obtains her permanent residence status in the US upon completion of the visa process and will be able to continue to travel for work; the down side is that you have to be apart during the process and again, her travel may or may not be restricted into the states because of her obvious intent to immigrate. Regardless of whatever option you wish to pursue, I am sorry to burst your bubble, but it will not be in place by April and she will not be able to move down to join you until she has some type of visa in hand. A k-1 fiancee visa allows her a one time crossing of the border with her belongings in order to marry you within 90 days. Once she crosses she will need to stay in the US until after marriage, after application is filed to adjust her status along with employment authorization and advance parole, and the advance parole received - definitely a number of months since APs take approximately 90 days. A k-3 will allow her to leave and re-enter the US a number of times so she could continue to travel with that visa, but again the border guards will be the ultimate decision on whether to allow her back into the country or not, and she would need to address the employment authorization situation if she was actually working in the US even if her base of operationjs was Canada. A CR1 will resolve most of those problems as she only needs to wait until she physically receives the green card, but the separation time is longer. Yes, a lawyer is definitely a good idea.

This is great food for thought, but I have a question. Would the border guards be more likely to allow her through during her pending visa time if she has a separate work visa for the stuff she has to do in the states profesionally?

The fact that she will have documented herself as having immigrant intent, while not in itself a bar on entering the US, will make it more difficult for her to gain admittance to the US at each attempt at entry. She may need to prove that it is not her intention to enter the US to be with you permamently, but the entry is for business purposes...

A letter from your employer stating the reason for the entry to the US, the time she is required to do the work she is required to do in the US, and when she is expected back to work would be helpful, but is not a silver bullet...

The fact reamins that she has a rather significant tie to the US through you and will need to provide evidence that is acceptable to the officer of her intention to return to Canada after her business to be conducted on this entry is completed...

The fact of the matter is that your fiancee's entries into the US are not a slam dunk anymore and she should put her employer on notice to this fact... there is a real possibility that she could be denied entry based on her ties to you at any time... there is no real way to guarantee that she will keep on being admitted... sorry, but the INA does not allow for that... her immigrant intent will trump the intention of any non-immigrant visa with the exception of the K visas in regards to entry to the US...the good news is that as a Canadian, she can keep applying for entry to the US unlike the countries on VWP who lose that privilege upon the first denial of entry...

I agree with others that the most probable "best" route in terms of the visa you would need to provide the minimal disruption to her business travel and employment requirements is the CR-1...

It's up to you to determine what is the highest priority to you... is it to be together at the earliest opportunity so that you can build your life together... or is your priority is having her keep her current job... Sorry to say that you're going to have to sacrifice one or the other... it's just a simple matter of priorities...

You also should know that your fiancee will be able to get Canadian Employment Insurance for 9 months after her arrival to the US because she had to quit her job to be able to be with you... I think the maximum is $412 per week... That may or may not make your decision easier...

Onjce you decide what your priorities are, the decision on what the appropriate visa is is relatively easy... Choose the appropriate visa that fits your needs... don't let the visa choose your priorities..

Edited January 15, 2007 by zyggy

[LaL 418]

zyggy rocks

[rebeccajo 14]

zyggy rocks

Amen!