Canadian trying to get US Visa… many options… Best way? How long? What forms are necessary? HELP!!!?
My fiancé is Canadian and would like to move to the US to be with me (we have been together over a year). We plan on getting married in the Fall of 2009. He plans to ask for a transfer in his company to work here. I think a Fiancé Visa is short term. The US immigration website is very overwhelming.
I believe I make enough to prove that I can support him if necessary so that isn’t a problem.
Can he apply on his own for a work visa?
How long does it take if his company sponsors him?
Would it be best if we legally got married now even though our wedding is in September? If so how long does it take 2 get a work visa once you are married? We have tons of photos of vacations, holidays, and visits over the past year. What else do we need?
Can he apply for a work visa while he is here or does he have to do it from Canada?
What forms r necessary?
How much do different options cost?
Are immigration attorneys worth the cost? If so know of a good one in Atlanta, GA?
You have three options from what I can see and I will go over all three of them.
- The first option is the K1 (fiancé visa) route
- The second is L-classification (company transfer) – he may also qualify for a TN visa under the NAFTA treaty.
- The third option is the CR-1/IR-1 (erroneously).
The length of time for the whole process, from submitting the first form until he as his actual visa in hand, with the exception of the TN is roughly the same. About 7-8 months, maybe less in your case since he is from Canada but I wouldn’t expect that to impact the time-frame much.
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If you are both willing to bring you wedding forward by a year or so then I would go down either the K-1 or CR-1/IR-1 routes. The decision which one really comes down to your financial situation and weather you want to be apart from each other as you are now (fiancé) or be apart from each other as a married couple. Either way there will be a period of separation until his visa is issued.
The cheapest option is the CR/IR-1, this due to not having to file an adjustment of status (AOS) to permanent resident but also means you will be separated as a married couple. To go this route, he would simply (visa free – as one is not required for Canadians) visit the United States and you would both get married. He would then return home and you would file Form I-130, Petition for Alien Relative.
There will be some back and forth correspondence (paperwork) between you and the USCIS and even more with NVC. Once this is done, the file will get sent to U.S. embassy in Canada where your husband will have his visa interview. Visa granted, he may then enter the United States and upon his entry he will get his conditional green card and work authorization from day one.
No more additional paper work is needed until 21 months later when you file to have the conditions removed his conditional green card.
The total cost of this will be close to a $1,000 not including travel, living expenses, marriage license
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The K-1 route is the most expensive but it allows you stay together as a married couple. Also it would not be possible for him to work for the first 3-6 months so you should also budget for this.
For this option, he would stay in Canada and you would file Form I-129F, Petition for Alien Fiance, the same correspondence as above would occur and then the visa interview. Once he as his K-1 visa he can then come to the United States for the purpose of marriage. The visa is a single entry visa and must be used within 6 months of being issued. Once he as entered the United States you then have 90 days to get married.
Cost for this part – $455
Once you are married have the marriage certificate in hand you then file Form, I-485, Application to Register Permanent Residence or Adjust Status (AOS), Form I-765, Application for Employment Authorization (EAD) and Form, I-131, Application for Travel Document (if you intended to travel outside of the U.S.).
This part will cost $1,010
The total cost from start to finish will be $1,365, again not including travel, wedding or living expenses, but as I stated above, he would not be allowed to work until he has his EAD.
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The L-1 will be primarily handled by his employer who may or may not stump up the costs, once he as transfered. You can just get married and follow roughly the same steps as the CR-1/IR-1 except he would not need to return but would instead still file for AOS. No EAD would be needed as he will have one already. The only problem with this is that there is no guarantee of the transfer and no guarantee of obtaining an L-1 visa from the Embassy.
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If you which to seek the advice of lawyer then the link below will give you a list of AILA approved lawyers in your area. Feel free to contact them, many will offer a free, one-off consultation either in person or over the phone which could be beneficial for you. It is always recommended however that you do some research of your own before contacting them so you have at least an understanding of what they are explaining.
http://www.ailalawyer.com/SearchResults.aspx?LanguageId=english&Lang=99&City=Atlanta&State=95&StateName=Georgia&miles=100
