Canadian Fiance on OPT visa about to expire!

conklilm
New Member



Joined: 04 Jun 2007
Posts: 1
Location: Albany

Posted: Mon Jun 04, 2007 12:11 pm

 

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I am American, but my Canadian fiance is currently on a K1 visa that is about to expire. He has already had his year of OPT and now we need to figure out what visa we should go with next. We are both currently living and working in the US.

We tried to get a TN visa but it was rejected at the border, however we did not use a lawyer to organize all of the paperwork. I am curious if anyone knows if it is worth it to get a lawyer for the TN visa or a different visa for that matter. He is filing under Management Consultant which is the most scrutinized profession under the TN Visa.

We need to obtain a visa that allows for him to be employed. All of the H1-B visas are gone for the year. As I understand it the K1 and K3 visas do not allow him to be employed. I am interested in looking into the CR1 visa, but am unsure how long it takes to process. If we file the paperwork BEFORE his current visa expires, can he stay in the states while he waits for it to be approved even if it doesn't get approved before his current visa expires? Also, we have our wedding planned for May 2008 but I'm not sure if this is too long to wait in order to file with one of the fiance/marriage type visas.

If you can provide any help with any of my questions, I would greatly appreciate it. All of the information on the Internet is extremely confusing and sometimes contradicting.

THANK YOU!

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flames9
Senior Member



Joined: 08 Mar 2007
Posts: 105
Location: Falls Church VA

Posted: Mon Jun 04, 2007 2:37 pm

 

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Soo many visas! Well if he is on a K1, you know you have 90 days to get married once he activated the visa? Did u do that yet? Once u get married, then u file for ZEAD (work authorization) and start the adjustment of status (AOS) paperwork. Which by the way all go up in price after July 30 2007! http://www.uscis.gov/files/nativedocuments.edule052907.pdf

Re-reading ur post, ur not married, and ur k1 visa would be useless if ur waiting til may 2008 to get married! One has to get married 90 days after activation! I have to run, maybe some one else like reba will come along! Cheers

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1172
Location: North Carolina

Posted: Wed Jun 06, 2007 3:35 pm

 

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Just out of curiosity, if he's got the K1 visa now, why didn't you get married to fulfil the requirements of it? If you'd got married under the K1, then immediately apply for EAD and AOS, he could have had his EAD by now. K1 is only valid 90 days.

I'm really kinda confused by all the visas and OPT whatnot, so I'm not sure how to answer your questions. I dunno even what OPT is or why anyone would want it or what to do with it.
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waterwaterwaterloolooloo
CanuckAbroad Regular


Jersey Shorin All Day

Joined: 10 Jul 2007
Posts: 69
Location: Roselle Park, NJ

Posted: Tue Jul 10, 2007 11:34 am

 

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yeah I don't get your situation. The rules of the K-1 Visa are broken now and because you have broken them, applying for something else will now be harder. After those 90 days, he should have returned home or be returning home unless you get married. If he overstays his K-1 visa, I would get a lawyer if i were you. He may be in the country illegally if that is going to be the case.
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