Permanent Resident + Canadian = ???

[quayman]

Let me preface by saying I've done my research, but unfortunately it seems that cases have so many variables it's better to just ask.

I'm a Permanent Resident, who will be able to apply for Citizenship in roughly October 2010. I am a Canadian citizen, but have since moved to California where I now work. I have a girlfriend who is a Canadian citizen, who wants to move with me sometime next year (say June 2010). She is a high school teacher, with a B.Sc in Biology. The plan is to have her immigrate.

I've been looking around a lot, but haven't been able to find anything that really applies. Here's a list of possible solutions, let me know what you think, or suggest new ones.

• She comes in on a B-2, and can indefinitely extend it due to co-habitation every 6 months for the cost of $300. She can't work (??), but she can live here until I become a citizen and can petition for a K-1 visa (We may become engaged shortly, regardless of immigration).
• We become engaged and petition for a K-1 as a Permanent Resident (it isn't clear to me if this is possible). She gets to stay legally while the paperwork is being processed (??), then she can live and work here.
• She gets an H1-B Visa. This is probably not the best option, since it's hard enough to get them anyways.
• She gets a TN visa as a biologist (anyone know what range of jobs that covers?)

The route that seems the most expedient/legal is to have her on a B-2 and renew stays for co-habitation until I am a citizen and can get a K-1. The only problem is that her intent is to immigrate, not visit. She can spoof intent to remain in Canada (has her entire family there, bank accounts, has lived there her entire life) but I don't want to do anything illegal. And unfortunately TN visas don't apply for high school teachers (which is some mad BS, who wouldn't want a science/math teacher?).

And it doesn't seem like any options (aside from H1-B visa, or a TN visa as a biologist) allow her to work until K-1 time (which sounds like it could be almost 2 years from now).

So what's the best way to have her stay in the US with intent to immigrate? It's okay if she can't work while she stays, what's important is that she's here. Also, a K-1 visa will allow her to stay indefinitely as well as work?

[agnelson]

Your reasearch should have led you to visajourney.com, as this deals with all marriage-based immigration scenarios.

As to a TN, she needs a biologist job. TN is unavailabe for high scoll as you say, and very few school systems are allowed or willing to petition for H1.

[Reba]

if she is in the US, K1 is not an option. K1 is for partners who still live in their home country.

[agnelson]

Reba, wouldn't K1 allow for someone to leave US for Consular processing? I don't see any criteria that states that K1 can only be filed for a person outside US, only that it will be processed outside US.

Isn't this the same as someone in US applying for CP instead of AOS for Green card? They file the paperwork, and then when thier appointment comes, they leave and go for medical/interview? There may be travel restrictions, so one woudn't be able to cross back and forth during this process of course, but staying in until interview should be possible with proper status, no?

Just a question (perhaps best research on VJ, I know).

[quayman]

If she's in the US as a B-2 visitor, doesn't she technically still live in Canada, and thus could be eligible for a K-1 even while 'visiting' on a B-2? Or does she physically need to be in Canada?

What I've read is that I can't even apply for a K-1 until I'm a citizen. I want to know how she can legally stay in the US until that time. Can she be a B-2 indefinitely if she's living with me, a permanent resident? Only if we're engaged?

Thanks for the help so far. I checked out visa journey, but all of that stuff is only applicable for US Citizens (that I can see), so it's not immediately helpful.

[agnelson]

I know that non-immigrants can have their 'partners' live with them on B-2, but this is not generally the case for immigrants (GC-holders).
Remember, even the spouses of GC holders can't live in US, so it is unlikly that live-ins would be allowed to.

So, back in your original post, I would question that she is eligible for the co-habing B2. that is for partners of non-immigrants, I believe.

Thus her B-2 would be her OWN B2, based only her having residnetial ties outside US and NOT having immigrant intent. So, she would be able to come 6 months, once ,and that is likley all. After that, she would be looked upon with suspicion at border.

[Reba]

and determining her non-immigrant intent will be difficult to do, given she has no ties in Canada and a partner who is about to apply for US citizenship.

She would have to keep ties to Canada, like a job, abode, utilities in her name etc etc etc in order to ge allowed to stay for the 6 months duration of a B2 status. If she were to tell them when she arrives at the border that she intends to stay with her fiance until you can start the K1 petitioning process, it is unlikely they will let her in.

And yes, you are correct quayman, you can't petition for the K1 until you are a citizen. But if you're going to do that, and if she's in the US on visitor status, you might as well just get married directly after your swearing in and then have her adjust status. K1 will take about a year to process, and by then her B2 status is looooooooooooong expired.

[agnelson]

I think his concern is what she does in the meantime, given that natz can be delayed these days.

You make a good point about K1 from within US. Since K1 can only be filed by a USC an only when both are legally allowed to marry, the filing K1 is pointless if already in country; just get married as you said.