Can my Fiance coming from Canada to US still work in Canada?

[MoaningOdin 1]

My fiance is a crane operator in Canada who works for the Union. We have an interview date of April 3rd, is it possible for us to get married then him fly to Canada to do a shutdown then come back? 

Once we file for an Adjustment of Status can he still work in Canada or will he have to transfer to a union in the US?

[Tara & Rohit 224]

He will need to obtain his travel and work permits first. If he flys back to Canada without them, he will not be allowed back into the US

[USS_Voyager 1,972]

You cannot get married prior to entering the US on the K1 Fiance visa. He has to enter the US unmarried, then get married within 90 days of entering and file AOS along with EAD/AP. He cannot leave the US or work until the EAD/AP are approved, which currently takes 6-10 months, sometimes longer. Well, actually he can leave, but he cannot reenter the US. If he wants to come back to the US after that point, you need to file the CR1 spousal visa and that will take about another 12-14 months. 

[Roel 7,192]

Once you get married he can of course leave US.

 

He won't be allow back in the US though. He CANNOT leave US without green card or Advance Parole in hand. None of those will be available immediately. It's going to be at least 4 - 6 months just for AP.

 

 

[Crazy Cat 41,865]

17 minutes ago, MoaningOdin said:

My fiance is a crane operator in Canada who works for the Union. We have an interview date of April 3rd, is it possible for us to get married then him fly to Canada to do a shutdown then come back? 

Once we file for an Adjustment of Status can he still work in Canada or will he have to transfer to a union in the US?

Have you considered a CR-1?

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 3 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

[MoaningOdin 1]

6 minutes ago, missileman said:

Have you considered a CR-1?

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 3 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

We have already applied with a K1 visa, his interview date is April 3rd at the Montreal embassy. We had a feeling he would not be able to work in Canada once he arrives to the US and we marry. We just needed clarification because anything I googled didn't give me a straight answer. (I'm not a pro-googler)

[Boiler 45,519]

You will find lots of good information on this web site, he should be aware he will not be working for a long time.

[Crazy Cat 41,865]

4 minutes ago, MoaningOdin said:

We have already applied with a K1 visa, his interview date is April 3rd at the Montreal embassy. We had a feeling he would not be able to work in Canada once he arrives to the US and we marry. We just needed clarification because anything I googled didn't give me a straight answer. (I'm not a pro-googler)

As stated above by @Roel, he won't be leaving the US or working for 4 to 6 months after you file for Adjustment of Status.  After that, he will have to make sure he keeps his US residency.  

[USS_Voyager 1,972]

41 minutes ago, MoaningOdin said:

We had a feeling he would not be able to work in Canada once he arrives to the US and we marry

To clarify, he won't be able to work in the US either, until his EAD is approved, which could be 6-10 months, some cases reported 12 months +. He can't travel outside of the US either, for the same amount of time. So unless you have a lot of projects lining up around the house for him, he's gonna be bored out of his mind. 

[MoaningOdin 1]

9 minutes ago, USS_Voyager said:

To clarify, he won't be able to work in the US either, until his EAD is approved, which could be 6-10 months, some cases reported 12 months +. He can't travel outside of the US either, for the same amount of time. So unless you have a lot of projects lining up around the house for him, he's gonna be bored out of his mind. 

I can find him some busy work, the garage needs cleaning and sorted, the boy's rooms need rearranging, the upstairs bathroom could use some fixing up. I think I can figure out some stuff. I wasn't aware it would be that long, I saw somewhere that he could work after 6 months so I hadn't done anymore research. I'm glad I asked today though, now I can try to prepare some projects for him to do. 

[USS_Voyager 1,972]

Just now, MoaningOdin said:

I can find him some busy work, the garage needs cleaning and sorted, the boy's rooms need rearranging, the upstairs bathroom could use some fixing up. I think I can figure out some stuff. I wasn't aware it would be that long, I saw somewhere that he could work after 6 months so I hadn't done anymore research. I'm glad I asked today though, now I can try to prepare some projects for him to do. 

Perfect, plan on a complete remodel of the house or something... 

[Going through 5,671]

18 hours ago, MoaningOdin said:

I can find him some busy work, the garage needs cleaning and sorted, the boy's rooms need rearranging, the upstairs bathroom could use some fixing up. I think I can figure out some stuff. I wasn't aware it would be that long, I saw somewhere that he could work after 6 months so I hadn't done anymore research. I'm glad I asked today though, now I can try to prepare some projects for him to do. 

He can also use the time to fine-tune his resume, explore his new neighbourhood, and watch a lot of Netflix.  

 

[TBoneTX 45,293]

And practice removing "u" from "neighbourhood" and similar words.  

(joking... joking...)

[Going through 5,671]

2 hours ago, TBoneTX said:

And practice removing "u" from "neighbourhood" and similar words.  

(joking... joking...)

It's weird for me sometimes to do that...on US forms, at my job, etc. I'm very careful about "editing" my spelling at times.  Or I have to remember to say zee instead of zed when spelling something out loud...it's a hard habit to break when I've been spelling certain words a certain way for 40+ years.

 

 

[TBoneTX 45,293]

Wasn't Zed Clampett a character on "The Beverly Hillbillies"?