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Filed: K-1 Visa Country: Canada
Timeline
Posted

Hello there, I have a quick question about being in the process of getting a K-1 Visa, while being in possession of a TN Visa.

A little bit of background:

My boyfriend and I met online (through a computer hobbyist community) at the end of 2013~beginning of 2014. During this time, he was a student working on an engineering degree in Canada. I live in Wisconsin (and have my entire life) and work a steady paying job which puts me above the K-1 sponsorship income line. For our situation, and the assets we have between the two of us, it just makes more sense for him to move to the States than for me to move to Canada. (Although we looked at both options)

Between then and now, my boyfriend have visited each other (and our respective families) a number of times, including him staying here for a month between his semesters. Needless to say, we have been planning a future together for quite some time. The first part of this plan being the application for the K-1 Visa this summer. However, we may have run into a snag, and may need some advice.

Our original plan was: he graduates from school and gets his degree. (CEAB accredited engineering degree) We then apply for the K-1 visa. While we are going through the motions of trying to get our papers together for him to move to the States, he would be working in Canada. The money he makes during that time, would carry us over for the time period of us waiting for the AOS approval, as well as establish us as a couple here in the States. (We would need a second car etc.)

The snag: It just so happens, that while he's been applying for jobs in Canada, he landed a really solid opportunity with a company tjat does a lot of business in the States. (It's an American company.) In fact, this company has told him that he should prepare for traveling to the States to do occasional work there. (Although he will be primarily working in Canada.) This would imply that he is entering the United States on the TN visa to do work here.

If we apply for the K-1 Visa while he is in possession of the TN Visa cause some sort of conflict? Would the department of immigration decline us because he does have a TN Visa? Would the department of immigration notify his employer about the K-1, even though we are months away from getting it at all? We plan on him quitting his position at said company (and surrender the TN) before he enters the US with the K-1 post-approval, does that help anything?

Thank you kindly, we've both been up at night trying to figure out what we will do. But I'd like to reiterate, this job would be amazing for us, assuming it didn't interfere with our plans.

Posted

Likely there wouldn't be an issue if he gets the TN before you start the K1. Otherwise the CO at the interview may deny the TN because he has immigrant intent.

If the TN is first, then the CBP would be the ones with the issue, not USCIS or DOS. The CBP may need to see evidence of his ties to Canada when using his TN visa. Which is pretty easy to get for someone who is still living and working in Canada.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

  • 2 months later...
Filed: K-1 Visa Country: Canada
Timeline
Posted (edited)

It just so happens that he recently visited the US on business and entered on the B1. (Temporary Business)

I guess I should rephrase my question: Entering the US on a B1 visa (he gets paid in Canada, and would be employed by the Canadian division of his company) should not interfere with our K1 application....correct?

Assuming that open meeting with CBP and trying to enter the US temporarily, he can present some kind of proof of intending to return to Canada. (A pay stub, a phone bill, etc.)

EDIT: And thank you everyone for your helpful response

Edited by Wisconsinbound
 
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