American Spouse Attending School In US: Alien Dependent

[Posudo 0]

My wife has dual citizenship to both the US and Canada and got accepted to a school in the US. I, on the other hand, am only a Canadian citizen. What is the best/quickest visa route for us to take in order for me (Canadian citizen) to start working in the US while my wife goes to school? I know of the I-30 petition and applying for a K-3 or CR-1 ( we been married for less than a year). Are there other visa routes? Could I apply for a J-2 even though she doesn't need a J-1 visa? 

 

[JFH 12,190]

You wouldn't be able to get a J-2. The only routes for you are either a spousal visa or a work or study visa of your own. You can't apply for a derivative visa as your wife is not a visa holder. 

[JFH 12,190]

*~*~*mived from "K-1 fiancé visa" to "what visa do I need" as OP is married and researching options*~*~*

[geowrian 22,337]

Since you're married, your only realistic route is a CR-1 visa. K-3 is obsolete. J-2 is only available as the dependent of a J-1 visa. Your wife is a citizen, not a J-1 holder.

 

A CR-1 visa takes roughly 12-14 months to obtain currently.

 

Other types of work visas are unlikely to be faster, and are much harder to come by (you need a company to sponsor you). A J-1 (or any other non-immigrant visa) may be difficult as the spouse of a USC, and many have a 2 year home residency requirement (but you can look into it). Are you employed in Canada currently? If so and your company has a US branch and meets other requirements, you can try for an L-1 (intra-company transfer).

Edited May 13, 2017 by geowrian

[Jojo92122 1,924]

The best/quickest route is the spousal CR-1 visa which will take about a year.

 

The K-3 is obsolete.  It requires filing for the CR-1 at the same time.  Once the I-130 for the CR-1 is approved (approximately 6 months after filing), the K-3 is closed.

 

J-2 does not work since it's dependent on a J1.  Since your wife does not have a J-1, you do not qualify for a J-2.

 

There are not other routes for immigrating to the US.  There are non-immigrant routes but hard to get since your wife is moving to the US.

[Posudo 0]

Thanks for the replies.  I was hoping there was another route other than the I-130 and CR-1 visa. Mostly due to the time frame. I'm sure there is even a greater than a year now.  

 

I am currently working, but the company only has an office in Canada. Getting a company to sponsor me will be tough.It may be a possibility due to my education and skill set. At least under the TN visa route. But it's a gamble. Especially under the new US administration. Even the trusted H-1B visa is becoming hard to come by. 

 

If my wife gets scholarship money and it's enough to support us for a year, along with some saving, then we will mostly start the I-130 and CR-1 visa process. Otherwise, she will have to finish her schooling in Canada :/ 

 

Thanks,

[geowrian 22,337]

1 hour ago, Posudo said:

Thanks for the replies.  I was hoping there was another route other than the I-130 and CR-1 visa. Mostly due to the time frame. I'm sure there is even a greater than a year now.  

 

I am currently working, but the company only has an office in Canada. Getting a company to sponsor me will be tough.It may be a possibility due to my education and skill set. At least under the TN visa route. But it's a gamble. Especially under the new US administration. Even the trusted H-1B visa is becoming hard to come by. 

 

If my wife gets scholarship money and it's enough to support us for a year, along with some saving, then we will mostly start the I-130 and CR-1 visa process. Otherwise, she will have to finish her schooling in Canada :/

It is what it is, really. Working visas are not easy to get in the US. H-1B is capped for the year...you wouldn't even be able to apply until almost a year from now, and premium processing is suspended so that would likely take several months for a decision. There are some non-capped employers, but from a practical view, the boat has already set sail.

 

I'm not familiar enough with TN visas to help, sorry.

 

You can still visit her at least (which is much better than many people here). Just bring ties to return to Canada.

Edited May 13, 2017 by geowrian

[Allie D 39]

8 hours ago, geowrian said:

There are some non-capped employers, but from a practical view, the boat has already set sail.

Is there a filing deadline for jobs sponsored by non-capped employers such as non-profit research organizations? This article from NOLO suggests that such a H-1B petition can be filed at any time. Perhaps the OP can see if there are cap-exempt jobs for his field, e.g. perhaps jobs at the university his wife will be attending.

[geowrian 22,337]

1 hour ago, Allie D said:

Is there a filing deadline for jobs sponsored by non-capped employers such as non-profit research organizations? This article from NOLO suggests that such a H-1B petition can be filed at any time. Perhaps the OP can see if there are cap-exempt jobs for his field, e.g. perhaps jobs at the university his wife will be attending.

It's something to look into, at least. I'm not too familiar with the non-capped aspects so I can't speak to that question. But it will still be a considerable time (since premium processing is not available) and cost even if one such job was found in the same area as her (which is already a shot in the dark). A CR-1 would probably be obtained sooner or only a couple months earlier.