Jump to content
Erin86

Work permit/visa process

By Erin86 in Canada

 Share

10 posts in this topic

Recommended Posts

Erin86 Enthusiast

Erin86   39

Posted
Timeline
Posted

Hi everyone,

 

I will start by saying neither me nor my fiance are Canadian citizens and our immigration process is not done in Canada. My situation is a bit unusual and so I thought maybe someone will have an answer here...

 

My fiance has recently moved to Canada following a job offer and I will of course move as well once I receive my visa. We will then enter the US and get married and I will have to wait for my AP, EAD etc...(he will go back to Canada for work).

My question is- once I get all of that I will be able to legally work in the US of course. However, I will join my future spouse in Canada after receiving the AP... What will my status be as far as working in Canada? Do I need to start a whole new process to apply for a visa as a spouse in Canada? 

 

Thanks and happy Easter/Passover! 😊

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,888

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
3 minutes ago, Erin86 said:

Hi everyone,

 

I will start by saying neither me nor my fiance are Canadian citizens and our immigration process is not done in Canada. My situation is a bit unusual and so I thought maybe someone will have an answer here...

 

My fiance has recently moved to Canada following a job offer and I will of course move as well once I receive my visa. We will then enter the US and get married and I will have to wait for my AP, EAD etc...(he will go back to Canada for work).

My question is- once I get all of that I will be able to legally work in the US of course. However, I will join my future spouse in Canada after receiving the AP... What will my status be as far as working in Canada? Do I need to start a whole new process to apply for a visa as a spouse in Canada? 

 

Thanks and happy Easter/Passover! 😊

Where do you plan to live?  US or Canada?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites
Mike E Grand Master

Mike E   11,739

Posted
Filed: Citizen (apr) Country: Myanmar
 Timeline
Posted

Your EAD will have no value in Canada. You will have to apply for the privilege to live and work in Canada. 

Link to comment
Share on other sites
geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

If the plan is to work in Canada, then what's the purpose of getting an EAD or AP in the US? Why even bother with AOS?

On a more practical level, both the K-1 visa and AOS are for family reunification purposes. If the petitioner is not living in the US and will continue to be living abroad, they won't qualify for said visa or green card process. A green card is for living within the US as your primary/permanent residence.

It sounds like the best thing to do is marry, then do the CR-1 visa process once you are ready to move to the US (expect ~12-16 months lead time).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites
Cryssiekins Proficient

Cryssiekins   976

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
2 hours ago, Erin86 said:

Hi everyone,

 

I will start by saying neither me nor my fiance are Canadian citizens and our immigration process is not done in Canada. My situation is a bit unusual and so I thought maybe someone will have an answer here...

 

My fiance has recently moved to Canada following a job offer and I will of course move as well once I receive my visa. We will then enter the US and get married and I will have to wait for my AP, EAD etc...(he will go back to Canada for work).

My question is- once I get all of that I will be able to legally work in the US of course. However, I will join my future spouse in Canada after receiving the AP... What will my status be as far as working in Canada? Do I need to start a whole new process to apply for a visa as a spouse in Canada? 

 

Thanks and happy Easter/Passover! 😊

Assuming your fiancé is a USC, and you are approved for a Canadian work visa, why not just marry there (or anywhere) and about 16-18 months before you intend to move to the US, start the spousal visa process.  That is going to be a much more straightforward process.  

Link to comment
Share on other sites
Erin86 Enthusiast

Erin86   39

Posted
Timeline
  • Author
Posted

Thanks for the responses, guys.

We had started the K1 visa process before the job offer came along... this is a temporary position but can still be for 1-5 years depending on other opportunities, so we intend to move back to live permanently in the US.

My question is what is the process I must go through as a spouse of a US citizen who has a work visa in Canada? Is it a long process or immediate as it is for a spouse?

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You need a forum that deals with Canadian immigration.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...