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geowrian
geowrian

You can apply for a visitor (B-2) visa, but it's generally not suggested or required for a Canadian. You apply for B-1/B-2 status at the border. It was granted on your most recent entry.  

Crazy Cat
Crazy Cat

The problem is that you appear to be "living" in the US.  Once you exit the US in February, you can not re-enter the US with the intent to remain and adjust status.  In my opinion, you are walking on

Ontarkie
Ontarkie

You have two choices - If you do not need to return back to Canada yes you can adjust inside the US as that was not your intent when you crossed. You cannot leave and then come back to adjust at a lat

JFH Grand Master

JFH   12,191

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted
2 minutes ago, Jessjames14 said:

Touché. Pardon my wording 

Wording is important. Maybe not to you or me but definitely to anyone involved in your immigration case. Mention to them that you were living in Florida and they find you had no permission to do so, and you open a whole can of nasty worms. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

JFH Grand Master

JFH   12,191

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted
2 minutes ago, Jessjames14 said:

My husband is registering a business here.  Is there anything that allows him to sponsor me as an employee to come work for him? Or is the IR1 our best option 

Why make it harder for yourself? There are numerous hoops to jump through to bring a worker in to the country, only certain jobs and qualifications apply (you can’t bring someone in to answer the phones and make the coffee), there are quotas on the numbers allowed each year, etc. For spouses there are no quotas or limits, no qualifications needed, no priority dates to wait for, etc. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

geowrian Grand Master

geowrian   22,338

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

Getting a work visa for a relative is often brought up but (almost?) never feasible nor practical.

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

 

Canerican Rising Star

Canerican   242

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
1 hour ago, Jessjames14 said:

My husband is registering a business here.  Is there anything that allows him to sponsor me as an employee to come work for him? Or is the IR1 our best option 

I understand that you want to be with your husband but the truth of the matter is if you AOSed now USCIS would know you had immigrant intent as you were already married to a USC upon entry and deny your application. The IR-1 is the best option for you. You will have to go back to Canada when your visit is up and make sure you spend more time in Canada than the USA through the process. A lot of us here have had to go through the process not seeing our spouses or fiancee in my case, for long periods of time. It's a process and will test your patience. If you do not have one already, I would find a place to stay while you are in Canada as it will take 12-14 months to get your visa. 

 

 

N400 - Naturalization                                                                                                        U.S. Passport

Aug 05, 2018 (Day 1): Applied for Naturalization online                                                  Oct 01, 2019 (Day 1): Sent US Passport Application

Aug 06, 2018 (Day 2): Check Cashed, NOA1 received online                                         Oct 08, 2019 (Day 8 ) : Passport trackable 

Aug 11, 2018 (Day 6): Recvd notification that Biometrics appointment scheduled       Oct 17, 2019 (Day 17) : Received Passport

Aug 13, 2018 (Day 8): Received biometrics appt letter online                                        Oct 21, 2019 (Day 21) : Received Naturalization Cert. back

Aug 28, 2018 (Day 23): Biometrics Appt

May 06, 2019 (Day 274): In Line For Interview

Jun 11, 2019 (Day 311): Interview Date

July 01, 2019 (Day 327) : Oath Ceremony I AM NOW A US CITIZEN!!!!

 

FROM K-1 PETITION SENT TO OATH CEREMONY WAS ABOUT 7 YEARS 4 MONTHS

 

After 8 years of marriage divorced October 4, 2021

 

TO SEE MY FULL TIMELINE GO HERE: http://www.visajourney.com/forums/user/125109-cdnon-usavt/

Nitas_man Experienced

Nitas_man   3,100

Posted
Filed: Other Country: Saudi Arabia
 Timeline
Posted
10 hours ago, Jessjames14 said:

No I was confused with the k3 visa. It is still posted on the government website. I was under the assumption that once filed, we can apply for an early entry while the petition is being processed.  I will be going back to Canada after the 6 months is up.  

K3 is still on the books.  Your husband will have to file (2) petitions, they will likely be approved together, the K3 petition discarded, and the IR1 will move forward.

On the remote chance you get a K3 you will enter as a non-immigrant and you will have to file to adjust status.  It isn’t quite as bad as a K1 because you can travel on the K3 visa but you will be 12-18 months from getting the K3 visa then another 3-6 months getting an EAD/SS card.

Either way your interview, medical, etc will be done back in your home country.

NikLR Grand Master

NikLR   13,232

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)
42 minutes ago, Nitas_man said:

K3 is still on the books.  Your husband will have to file (2) petitions, they will likely be approved together, the K3 petition discarded, and the IR1 will move forward.

On the remote chance you get a K3 you will enter as a non-immigrant and you will have to file to adjust status.  It isn’t quite as bad as a K1 because you can travel on the K3 visa but you will be 12-18 months from getting the K3 visa then another 3-6 months getting an EAD/SS card.

Either way your interview, medical, etc will be done back in your home country.

Ive seen one K3 through a Canadian Consulate since 2011. It was right before Vancouver stopped processing K1 several years ago. Montreal has historically closed the K3 route when there is an approved I-130.  USCIS just closes the I-129F themselves these days when they approve the I-130.  

Regardless it's saves at most a month or two, and costs twice as much without the green card and ability to work.  It's an inferior visa. 

Yes it's still on the books and some Nebraska filers have gotten lucky sending the I-129F to get their I-130 approved sooner. But the visa itself is obsolete and granted less than 1%. 

Edited by NikLR

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

 

Marieke H Proficient

Marieke H   2,523

Posted
Filed: Lift. Cond. (apr) Country: Netherlands
 Timeline
Posted

I'm not sure why no one mentioned the option of filing for Adjustment of Status. I don't know how OP was admitted as a visitor, while being married to a USC and "moving" to Florida. But intent was determined at the border, and she is here now. If not being able to work or leave the country for 5-7 months until EAD/AP are approved is not a problem, AOS is an option.

Jessjames14 Apprentice

Jessjames14   3

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted
4 minutes ago, Marieke H said:

I'm not sure why no one mentioned the option of filing for Adjustment of Status. I don't know how OP was admitted as a visitor, while being married to a USC and "moving" to Florida. But intent was determined at the border, and she is here now. If not being able to work or leave the country for 5-7 months until EAD/AP are approved is not a problem, AOS is an option.

Yes I was under the impression that once filed we can file for adjustment of status so I can live in the US while everything is being processed (just not work) 

 

NikLR Grand Master

NikLR   13,232

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
1 minute ago, Jessjames14 said:

Yes I was under the impression that once filed we can file for adjustment of status so I can live in the US while everything is being processed (just not work) 

 

Did you intend to stay? Did you tell the CBP you were visiting or moving? 

 

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

 

Suze1 Rising Star

Suze1   366

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted (edited)
29 minutes ago, NikLR said:

Did you intend to stay? Did you tell the CBP you were visiting or moving? 

 

Exactly!

How exactly will you answer the present and past residences questions on the application documents?

Where do you LIVE exactly right now?

If at ANY POINT after you do what you were initially thinking, they look into what you did and find it problematic, even citizenship can be revoked, and the person banned.

Do you really want to make things more complicated and way more risky FOREVER?

Keep it simple, add some patience, rinse, and repeat.

 

Edited by Suze1

Profile pic - Rainbow Tower of the Hilton Hawaiian Village - Waikiki, Honolulu, Hawaii.

Why this for the profile pic?  Often in movies and on TV when they show Hawaii they show this beach/view. So, instead of doing Kauai or some other locale, we decided to do here, so that whenever some show shows Hawaii and this view, we will see where we were married.

 

BENEFICIARY (From Dubai)

2012 - US Tourist Visa, Manila, Philippines

2012 - First Night spent in the US - Waikiki Beach, Honolulu

 

2016 - Wedding on the beach, Honolulu, Hawaii

2016 - Honeymoon at the hotel in this photo, Waikiki, Honolulu, Hawaii

            They were filming a scene of Hawaii Five-O in the suite above ours during our Honeymoon stay! Actors everywhere!

            Spouse hung out here with celebrities from the movie The Fifth Element back when he moved to Hawaii

2016 - US Spousal Visa, via DCF, Manila, Philippines

....................................

PETITIONER (from NYC)

1999 - Got a place right down the street from this hotel - Waikiki, Honolulu, Hawaii

2007 - Visited Philippines on vacation

2008 - Got a condo in Makati, PH

2012 - Considered for a role on the TV show, The Last Resort, shot out of Hawaii

 

....................................

SUMMARY TIMELINE

06/2011 - Met Spouse in Makati, Philippines

01/2012 - B1/B2 Tourist Visa, Manila, Philippines

10/2016 - Married in Hawaii

11/2016 - Filed for Spousal Visa DCF, in Manila, Philippines

12/2016 - POE, CR-1 Status Received

10/2018 - ROC I-751 Received by USCIS

10/2019 - Filed for Citizenship, N-400

03/2020 - Citizenship Ceremony

 

NikLR Grand Master

NikLR   13,232

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
21 minutes ago, MotherofDragons said:

Curious, you mentioned having a FL driver's licence... how did you obtain that without permanent residence? 

Looking at the website it looks like Canadians can obtain a FL DL without showing EAD or I-551. 

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

 

Jessjames14 Apprentice

Jessjames14   3

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted
22 minutes ago, MotherofDragons said:

Curious, you mentioned having a FL driver's licence... how did you obtain that without permanent residence? 

Canadians can obtain a Florida license with their Canadian license. So many snowbirds from Canada come to Florida for 6 months of the year

Jessjames14 Apprentice

Jessjames14   3

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted
5 minutes ago, Suze1 said:

Exactly!

How exactly will you answer the present and past residences questions on the application documents?

Where do you LIVE exactly right now?

If at ANY POINT after you do what you were initially thinking, they look into what you did, even citizenship can be revoked.

Do you really want to make things more complicated and way more risky FOREVER.

Keep it simple, add some patience, rinse, and repeat.

 

Ok so Since I am staying with my husband for 6 months here in Florida, should I not show them that I got a Fl license, bank account, gym membership etc.  I need all those things in order to be here for 6 months 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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