So, you want to move to the States eh?

[Reba]

I can't make up your mind for you, but you can either get married tomorrow and file adjustment of status asap, or you can go back to Canada and wait on some other sort of visa to happen.

[js66]

What I'm afraid of is I think it takes 90 days to get an EAD for work authorization.

If I got married tomorrow I will only be in the US 30-45 days before I have to be on the Canadian or American payroll. At that point I would have to go to Canada to ensure future employment in the US. If I go to Canada, work while there and then return, my job will wait for me. If I stay in the US for the 90 days I forfit my job.

I did read this though...

Can my spouse leave the United States, and then re-enter, before receiving the Green Card (conditional permanent residency)?
A...The spouse cannot re-enter the US unless they have "advance parole" authorization (application form I-131). Advance parole allows you to re-enter the US before approval of Adjustment of Status. Without advance parole approval, leaving the United States is considered an abandonment of your application for Adjustment of Status. Without advance parole approval, the USCIS (INS) will consider you an intending immigrant without a valid visa, and you will be denied entry. If you do not apply for advance parole when you file for Adjustment of Status, contact your local USCIS (INS) office to find out how long it takes them to issue Advance Parole. Although advance parole is supposed to be issued to anyone who wants it for any reason at all, some local USCIS (INS) offices may take weeks or months, and may require proof of a serious emergency.

I'm trying to find an answer on this... Could I get married, file for adjustment of status then get advanced parole and head to Canada.

While in Canada I could be on the Canadian payroll. I would stay there the remainder of the 90 days and then return to the US when I had an EAD.

Would you know if something like this is possible? I have posted this on visajourney as well and am hoping someone can answer.

[Reba]

Advaced Parole, IF granted, usually takes aboy 90 days tp process as well.

[js66]

Reba,

Thank you so much for your help.

I spoke to a immigration attorney today. We had a long conversation and she told me to plan on this:

1) Get married
2) File the paperwork for an EAD and advance parole
3) Travel back to Canada and resume work there to keep my job
4) Stay in Canada the amount of time needed for the EAD and AP to get approved
5) When the EAD and AP are approved return to the US (about 90 days)


Does this seem alright to you?

I asked her about leaving during the EAD and AP process and she told me that the issue is returning to the US without them. She said that as long as I don't try to return without the AP I would be alright.

Thanks again for you help.

[Reba]

no no no no!

DO NOT LEAVE THE COUNTRY BEFORE YOU HAVE AP IN HAND! EVER! NOT EVER!

If you leave before you have your AP, YOU WILL NOT GET BACK IN!

[kjdunham]

Hello all,
I am new to this site but with what I have been reading someone may be able to advise me a bit. I am a Canadian citizen born and raised, as is my fiance. I graduated from an American university with my Masters in May 2008 and have been back home working in Canada for the last year. (I did my undergrad in Canada). I have accepted a PhD position in the United States which is going to plant me there for the next 5 years starting in September.
As far as our wedding, we have been engaged for 6 monthes but due to the uncertainties of not knowing where I was going to go to school we never picked a date. We were long distance for the duration of my Masters degree and do not fancy doing that for 5 years. Should we do a courthouse wedding prior to me leaving? Should I get him an F-2 visa? And then he can travel to and fro to visit me? Will the F-2 make visiting/travelling with my stuff/travelling with our dog easier?
He has a good job in Canada so he isn't going to quit until he finds something in the States...will a US employer like the fact that he already has security clearance for an F-2?

Basically, will an F-2 help or hinder or do nothing for our current situation? Thank you in advance.

[Reba]

From what I know of the F2, it is derivative of an F1 student for spouses and children. And not authorized to work. You'd have to be married first in order for him to get it, and as it is not authorized for employment, you'd have to show proof of funds/income to support him.

What sort of visa will you be getting? F1 I assume, since you're thinking of getting him and F2. But F1 is not authorized to work either, AFAIK, except maybe part time on campus, so I don't know how you'd support yourselves.

http://travel.state.gov/visa/temp/types/types_1268.html

[vanny]

Dear Reba

I have been working hard to move to USA. I attended to an university from 2000 to 2004 and graduated with an associate degree. It didn't meet the requirements for TN visa and other visa. There were no chances. Last year, I landed a job in USA, however, my degree isn't bachelor degree and the employer couldnt sponsor me. It gave me a huge disappointment.

I am thinking of going to community college in Toronto to earn accounting degree and that could enable me to move and to work in USA (depending on TN visa or Hb1-visa)? Do you have any suggestions. I want to move to USA, i need a new life and can't stand the winter blues. I will do anything to move to USA (no america love), willing to pay thousands for green card (permanent resident). I have no immediate family (just uncles, aunts and cousins). Does companies sponsor anyone with accounting degree. Is bachelor degree required? I would love to hear your feedbacks. Thank you