Working in Canada after K1 entry but prior to AOS (Split)

[Deedee048 0]

Hi Canada Crew,

 

Hope you all are well. It seems my question is a bit of the reverse than others. Im U.S. born citizen and my fiance is currently in Africa. 

We are almost to the NVC stage and hoping he will be in the U.S. by late Spring. I was very excited when I heard I may have the opportunity to work in Canada next September 2022 on an exempt shortage area visa. I consulted a Canadian lawyer about my fiance's obviously temporary status once he gets to the United States. The lawyer is willing to file a work permit for a spouse once we at least are able to marry despite his status. Do you think we'll be successful with him joining me despite his U.S. status adjustment not being done quite when Im ready to enter Canada? I wouldnt want him to have to go back to Africa. Is there a way we can continue his U.S. permanent resident process while we are both in Canada?

 

Its easier for me to support us if he is in the same apartment as me even if thats in Canada..we dont want double bills. Also theres a likelihood if I like the job and environment we would remain in Canada for a few more contracts. Does it look bad if I get PR there..it would help our child too (another one as well from previous relationship). Should he not file for PR though while in Canada and stay on work permit for U.S. immigration reasons. Organized thoughts are helpful....

[mam521 2,062]

On 11/4/2021 at 10:12 PM, Deedee048 said:

Hi Canada Crew,

 

Hope you all are well. It seems my question is a bit of the reverse than others. Im U.S. born citizen and my fiance is currently in Africa. 

We are almost to the NVC stage and hoping he will be in the U.S. by late Spring. I was very excited when I heard I may have the opportunity to work in Canada next September 2022 on an exempt shortage area visa. I consulted a Canadian lawyer about my fiance's obviously temporary status once he gets to the United States. The lawyer is willing to file a work permit for a spouse once we at least are able to marry despite his status. Do you think we'll be successful with him joining me despite his U.S. status adjustment not being done quite when Im ready to enter Canada? I wouldnt want him to have to go back to Africa. Is there a way we can continue his U.S. permanent resident process while we are both in Canada?

 

Its easier for me to support us if he is in the same apartment as me even if thats in Canada..we dont want double bills. Also theres a likelihood if I like the job and environment we would remain in Canada for a few more contracts. Does it look bad if I get PR there..it would help our child too (another one as well from previous relationship). Should he not file for PR though while in Canada and stay on work permit for U.S. immigration reasons. Organized thoughts are helpful....

If you have the K-1, have married in the US and have filed to adjust status, he cannot leave the US until his removal is granted or he has advanced parole for travel.  Leaving before this paperwork is complete can land the application in an abandoned status.  

 

How long are you going to be in Canada?  Because if it's an extended amount of time, you'll have to file a reentry permit for him to retain his LPR.  

[Deedee048 0]

1 hour ago, mam521 said:

If you have the K-1, have married in the US and have filed to adjust status, he cannot leave the US until his removal is granted or he has advanced parole for travel.  Leaving before this paperwork is complete can land the application in an abandoned status.  

 

How long are you going to be in Canada?  Because if it's an extended amount of time, you'll have to file a reentry permit for him to retain his LPR.  

Yes I understand that. What if we want to go to Canada After marriage (before adjusting status)? Is that possible? I know he’ll need an open work permit for Canada. Honestly at this point we’re open to other countries including Canada long term. 

[Ontarkie 14,221]

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