Fiance work visa

[Boiler 45,903]

6 minutes ago, Eliseo10 said:

Not the case here. I just would like to have the option of her working as well. She has a career in Canada. And very likely be transferred within the firm to the states. 

So an L, get her Employer working on it.

[audacieux89 256]

6 minutes ago, Eliseo10 said:

Not the case here. I just would like to have the option of her working as well. She has a career in Canada. And very likely be transferred within the firm to the states. 

With k1 visa, once she enters the US using the visa she has to apply for an employment authorization document (EAD) after your marriage so she can work legally. She will not be issued a green card right away, she will need to apply for adjustment of status. So while waiting for the green card, she can use the EAD to be employed.

 

With CR1 or spouse visa, she can immediately work once she has entered the US (since she will already be issued a green card)

[Pennycat 880]

12 hours ago, Eliseo10 said:

Not the case here. I just would like to have the option of her working as well. She has a career in Canada. And very likely be transferred within the firm to the states. 

This really complicates it-- but possibly in a good way (for you).

 

There are work visas and there are family visas. Not many people have a clear path to both (which is why it's a bit complicated in your case). You just need to figure out what the priority is-- working immediately or moving in together quicker. Quick thing to get out of the way: visas are what let you cross a border for a particular purpose (Canadians do not need a visa to visit, but DO need a visa for everything else-- to work, to settle permanently etc). Status is what lets you stay (conditional//permanent residency= "status". AKA "green card"). Work authorization is what lets you work. All green cards come with work authorization. Not all work authorizations come with green cards.

 

Work option:

As  an employee who could transfer, she'd be eligible for an L visa. The visa would let her cross the border with the intention to work (only for the company that sent her-- that's what the L work visas are. Others are a bit more broad). L visas do not come with green cards (conditional/permanent residency). For that, you'd need to marry and apply for her residency. L visas do allow dual intent (certain other work visas do not), so you'd be just fine going that route.

 

Family option:

Your choices are spouse or fiancee visa (CR1 or K1). Spouse means that you're married *first* and then you apply for the visa. You can get married in Canada or the US, or Mongolia. Doesn't matter. Just be married first. The whole process takes about a year and has a green card (so, residency and work authorization) from the day she arrives. Fiance visa means that she can cross with the intention to marry and apply for residency/ work authorization, but she is ineligible to work (and to leave the US!) until she gets it. The work/travel authorization after fiance visa takes several months after you apply for it. I'd conservatively allow for 6 months after her arrival before she'd be able to work/travel.

 

From what it sounds like, fiance visa is the worst option for you. I'd look into the L visa, as those very well could be much faster but may have additional requirements or complications I'm unaware of. If her company is in a position to facilitate international transfers, they are likely the first best resource available to you. After that, it's wait until September to get married (sounds like there's already a wedding planned?) and apply for a CR1 visa and wait the ~year. She can visit during the process as long as she can continue to show ties to Canada. Or, you get legally married ASAP and apply for the CR1 ASAP, and treat September like your "real wedding". A lot of people do this.

 

There's no way for her (or anyone) to come at whatever time works best and have work authorization right away. There's also no legal way for her to come and marry and stay whenever works best for you, work authorization or no.

[Pennycat 880]

12 hours ago, Eliseo10 said:

Not the case here. I just would like to have the option of her working as well. She has a career in Canada. And very likely be transferred within the firm to the states. 

This made me smile a bit. We all would. US immigration is sort of like that project management joke: You can have the project done Fast, Cheap, Good. Pick two. Except harsher. It's: move here "quickly" (6 months is "fast" in US immigration world) OR be able to work on arrival. At least for the family process. Even folks who bend (break) the rules in an effort to save time and sideskirt the visa process can't work any faster than those who go through fiance visa process can.

 

Maybe you got seriously lucky with the possibility of an intra-company transfer.

 

It stinks. I know. But you are in an awesome position-- fiance who can visit at will (a good half of people here have fiances/spouses who can't because of tourist visa requirements--- and the government generally not giving tourist visas to people in relationships with US citizens) and who has an additional option at her disposal (L visa-- not common generally or here). 

 

Quick word on that September wedding: if for whatever reason you're going to choose fiance visa (it makes literally no sense for you but hey anything is possible), don't book that wedding. It's too heard to try to thread the needle on timing of things. The rest of it could work-- wait for September to marry, then apply for CR1, see what happens with L, marry now and apply for CR1 and attend wedding while visa is in process. That third option is a bit of a risk but people can and do visit during the process as long as they can prove intent to return to their country.

[geowrian 22,338]

1 hour ago, CatherineA said:

US immigration is sort of like that project management joke: You can have the project done Fast, Cheap, Good. Pick two.

My profile (and experience) indicates otherwise when it comes to immigration.

[David & Diana R 1,005]

2 hours ago, geowrian said:

My profile (and experience) indicates otherwise when it comes to immigration.

Ours also went very smoothly.  My wife landed in Hawaii almost 8 months to the day after we filed for a CR-1.

[Pennycat 880]

1 minute ago, David & Zoila said:

Ours also went very smoothly.  My wife landed in Hawaii almost 8 months to the day after we filed for a CR-1.

You missed the joke. Geowrain's profile caption says "Good, cheap, fast. Pick none."

 

Though from looking at his timeline, 14 weeks from NOA1 to NOA2 with an RFE is pretty respectable. When we were going through it, we were a miracle case getting NOA2 just a few days shy of 6 months... 7+ was the norm... just to get to NOA2. What a nightmare. 

 

Although it's still certainly not "cheap" so even though you did fly through at 8 months, and it was smooth, they still charged you an arm and a leg

[David & Diana R 1,005]

1 minute ago, CatherineA said:

You missed the joke. Geowrain's profile caption says "Good, cheap, fast. Pick none."

 

Though from looking at his timeline, 14 weeks from NOA1 to NOA2 with an RFE is pretty respectable. When we were going through it, we were a miracle case getting NOA2 just a few days shy of 6 months... 7+ was the norm... just to get to NOA2. What a nightmare. 

 

Although it's still certainly not "cheap" so even though you did fly through at 8 months, and it was smooth, they still charged you an arm and a leg

Actually, being in law enforcement myself I think the fees were very reasonable.  There is more work than you can imagine.  A lot of work and man hours on their end to process all the paperwork we submit.  Background checks, etc...  And remember, immigration is not a right...it IS a privilege.  I was very satisfied with the process.  And it would have been even faster if I had not made a mistake.  That set us back about 3 weeks.  But in the end it was all worth it.  God Bless America

[Pennycat 880]

21 minutes ago, David & Zoila said:

Actually, being in law enforcement myself I think the fees were very reasonable.  There is more work than you can imagine.  A lot of work and man hours on their end to process all the paperwork we submit.  Background checks, etc...  And remember, immigration is not a right...it IS a privilege.  I was very satisfied with the process.  And it would have been even faster if I had not made a mistake.  That set us back about 3 weeks.  But in the end it was all worth it.  God Bless America

Oh for goodness sake! Yes, yes, yes. The project management thing is a joke. Jooookkkeeee. And I *just said* that Geowrain seems like they're getting good service, in my opinion. And just because the cost is easily justified/understood, doesn't make it "cheap", does it? Justifiable does not also mean inexpensive. Tesla comes to mind, as an example.

 

And, for the record, USCIS can and does make mistakes/mismanage things--the period of time we were applying is a good example of it. Long story short: CSC was processing I-129fs in 3 weeks,TSC was taking 7 months (tenfold difference), and we were all paying the same fees for very disparate service. Eventually, the White House intervened and fixed the situation going forward (after admitting that it was an oversight). And all because someone had failed to communicate a policy change to the Dallas Lockbox about a new system for referring incoming petitions due to staffing level changes at both centers, and yes I DO know all of this for sure because I work in a related field have have since gotten the scoop.So I don't need to "imagine" all the work. I'm beyond perfectly aware of it (and still consider USCIS to be among the least competent agencies in the government... and I am *far* from alone in that opinion).

 

And when in the world did any of us imply that there's some sort of right to immigration? I think that it is reasonable to expect good service (not necessarily a guaranteed "yes" or expedited service, but good, competent service) from the government, especially when you are paying for said service ("good" as in not mishandling of paperwork, which happened during our AOS). I also think that most people agree, and if not, I wonder if they blithely accept accept lost/delayed/broken packages from USPS.

 

 

Edited June 9, 2017 by CatherineA