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buzzair

Canadian student in the US, which VISA?

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buzzair Rookie

buzzair   0

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Filed: Other Country: Canada
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I posted these questions in the intro thread but realized they should be posted here.

I read the FAQ's and Guides but I'm still left with some questions. Come this May, when I graduate, (1 month before the wedding) I have a year's grace period called the OPT (Optical Practical Training) where I am given a years grace period to work in the US.

My question is...should I apply via my soon to be spouse or though my future employer? Is one more quicker or effective than the other? I believe I qualify under the EB1 or EB2 categories and should not have a problem meeting the requirements.

Or perhaps I should go ahead with the K-1, 90 days before the wedding? Then adjust it after the wedding?

Is it advised to get a lawyer or can all this be done on my own? As you can see, I'm new to this and have a lot of questions. I'm eager to get answers and get started.

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Delicia Proficient

Delicia   1

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Filed: AOS (apr) Country: Chile
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Hey, welcome! I can't answer any of your questions as I know nothing about student visa issues, but wait it out, really smart people will come along soon and fill your head with all kinds of information. :thumbs:

My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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IR5FORMUMSIE Grand Master

IR5FORMUMSIE   850

Posted
Filed: Other Country: Canada
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really smart people will come along soon and fill your head with all kinds of information. :thumbs:

Well, there are some really smart people in this forum, unfortunately you got me. :) With respect to your question, it's a bit of a push. I'd go with the spouse since EB1s and EB2s can take a bit of time. I thought that you needed a PhD for the EB1 or are otherwise highly qualified but regardless of which visa you qualify for, those categories take a serious amount of work by the employer. It is better to "carry the ball" (to use a football analogy) yourself and use the spousal method. If you have an employer lined up who's willing to do the work then your situation may be different. Keep in mind the provenance of this information, I'm only a simple man without much learnin'. :)

IR5

2007-07-27 – Case complete at NVC waiting on the world or at least MTL.

2007-12-19 - INTERVIEW AT MTL, SPLIT DECISION.

2007-12-24-Mom's I-551 arrives, Pop's still in purgatory (AP)

2008-03-11-AP all done, Pop is approved!!!!

tumblr_lme0c1CoS21qe0eclo1_r6_500.gif

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simple_male Experienced

simple_male   1

Posted
Filed: IR-1/CR-1 Visa Country: Bangladesh
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I posted these questions in the intro thread but realized they should be posted here.

I read the FAQ's and Guides but I'm still left with some questions. Come this May, when I graduate, (1 month before the wedding) I have a year's grace period called the OPT (Optical Practical Training) where I am given a years grace period to work in the US.

My question is...should I apply via my soon to be spouse or though my future employer? Is one more quicker or effective than the other? I believe I qualify under the EB1 or EB2 categories and should not have a problem meeting the requirements.

Or perhaps I should go ahead with the K-1, 90 days before the wedding? Then adjust it after the wedding?

Is it advised to get a lawyer or can all this be done on my own? As you can see, I'm new to this and have a lot of questions. I'm eager to get answers and get started.

You should get your permanent residency through your spouse after your marriage. You can not do K-1, CR-1, K-3 while you are in USA. You will have to Adjust your status as a permanent resident from F-1 (or OPT) based on your marriage to a US Citizen.

I-130 Timeline with USCIS:

It took 92 days for I-130 to get approved from the filing date

NVC Process of I-130:

It took 78 days to complete the NVC process

Interview Process at The U.S. Embassy

Interview took 223 days from the I-130 filing date. Immigrant Visa was issued right after the interview

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buzzair Rookie

buzzair   0

Posted
Filed: Other Country: Canada
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Thanks for the replies so far.

Carrying the ball myself does seem a better option....I wouldn't want to deter any future employers from hiring me if they realize they have to go through a lot of paper work. I don't have an employer officially lined up but I have two different schools who have expressed great interest. My position is very specialized and hard to come by. A male teacher with a masters degree who teaches computers to deaf students using ASL, American Sign Language.

I did not know that one can not do K-1, CR-1, K-3 while in the USA.

I guess my best bet is to apply for the OPT to get that years grace. At the same time, get all the forms I need, fill them all out, and mail them right away after the wedding to adjust my status from OPT to LPR.

Now I'm going to find out what forms I need. Thanks again guys.

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IR5FORMUMSIE Grand Master

IR5FORMUMSIE   850

Posted
Filed: Other Country: Canada
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Posted
Thanks for the replies so far.

A male teacher with a masters degree who teaches computers to deaf students using ASL, American Sign Language.

Kewl job, great way to serve humanity. :thumbs::thumbs:

IR5

2007-07-27 – Case complete at NVC waiting on the world or at least MTL.

2007-12-19 - INTERVIEW AT MTL, SPLIT DECISION.

2007-12-24-Mom's I-551 arrives, Pop's still in purgatory (AP)

2008-03-11-AP all done, Pop is approved!!!!

tumblr_lme0c1CoS21qe0eclo1_r6_500.gif

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zyggy Experienced

zyggy   9

Posted
Filed: Country: Canada
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Posted

The best way would be for you to adjust your status on the F-visa once you have married. However, once you do this, do not leave the US until you receive Advanced Parole.

WHen you file your I-485 package, you will need to apply for a new EAD based off of your marriage adjustment and AP document.

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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buzzair Rookie

buzzair   0

Posted
Filed: Other Country: Canada
 Timeline
  • Author
Posted
The best way would be for you to adjust your status on the F-visa once you have married. However, once you do this, do not leave the US until you receive Advanced Parole.

WHen you file your I-485 package, you will need to apply for a new EAD based off of your marriage adjustment and AP document.

Whew....at this point you may as well be speaking greek....but good to see some new terms and forms I have to look up. Advanced Parole, I-485, EAD, and AP. That's next on the research agenda.

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Delicia Proficient

Delicia   1

Posted
Filed: AOS (apr) Country: Chile
 Timeline
Posted

Memorize the table of elements, then report back. You will be quizzed. :devil:

My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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IR5FORMUMSIE Grand Master

IR5FORMUMSIE   850

Posted
Filed: Other Country: Canada
 Timeline
Posted
Memorize the table of elements, then report back. You will be quizzed. :devil:

Including all lanthanides and actinides? :lol:

IR5

2007-07-27 – Case complete at NVC waiting on the world or at least MTL.

2007-12-19 - INTERVIEW AT MTL, SPLIT DECISION.

2007-12-24-Mom's I-551 arrives, Pop's still in purgatory (AP)

2008-03-11-AP all done, Pop is approved!!!!

tumblr_lme0c1CoS21qe0eclo1_r6_500.gif

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