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Jonny B

My fiancée and I want her to live with me for about 2-2.5 years in the US but that's it. What should we do?

By Jonny B in What Visa Do I Need - Family Based Immigration

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Jonny B Newbie

Jonny B   0

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Here's the basic gist: my fiancée and I are currently splitting our time between the USA and Canada. We got engaged about six months ago and the plan is to get married in Fall 2021. However, to save money and to make life easier on ourselves, we think the smartest thing would be for her to move to the USA for 2-2.5 years while we plan the wedding, get married, and look for a place to live in Ontario (yes, I will be moving from the USA to Canada as the final decision). Since her living in the USA wouldn't be permanent, we don't know what is the best visa option for her, especially since she still wants access to OHIP. Additionally, we travel for work somewhat regularly, so we need to factor that in.

 

Sorry, I know this is a lot and if there's any information I'm not providing, I'm happy to let you all know! We are ideally looking to get the process started in the next couple of months because we're both really tired from driving 4.5 hours back-and-forth every few weeks.

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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There's no family-based visa for living together in the US without being married.

Option 1 is to marry and do a CR-1 visa.

 

Option 2 is to file for a K-1 visa, then do AOS in the US to get a green card. I only mention this as an option that exists...the CR-1 visa seems like a far better fit here.

 

Option 3 is she gets another type of visa where she can live in the US.

The main categories are family, work, student, and investment. With family appearing to be off the table, work, student, and investment remain.

For work, does she fall into a category where she could get a TN (NAFTA) visa? What about an intra-company transfer (L1/L2) visa? Those would be the simplest processes as other work visas are a more complicated process with more limitations.

For student, obviously she needs to enroll in a degree program. Under this is also J visas for cultural exchange...probably not applicable here, but I'm noting it anyway for something to research.

Investment doesn't apply unless you have some decent money to spend.

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

 

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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TN visa is my first thought.

“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.”

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