USA Work Visa...G/F and Kids?

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Rooster77New Member
Topic author
Posts: 8
Joined: 26 Mar 2008
Location: Ontario, Canada

USA Work Visa...G/F and Kids?

Post Tue Apr 01, 2008 3:37 pm

Ok, if I am sponsored by a USA company, fit the bill, get an H1-B visa. What about my common-law wife and her two kids aged 17 and 18? Can they also travel with me? Work?
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Post Tue Apr 01, 2008 8:11 pm

They would be in H-4. Go to school but not work. The US doesn't recognise common-law relationships for immigration purposes.

If you didn't get your application in by today then it's not likely you would get an H-1B until October next year because of the quota. Unless you have a US master's degree.
Steve.
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RebaModerator
Posts: 2561
Joined: 16 Jul 2004
Location: North Carolina

Post Wed Apr 02, 2008 4:06 am

You would have to get legally married in order for your wife to get a derivative visa.
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mayamwNew Member
Posts: 1
Joined: 13 May 2008
Location: toronto

Post Tue May 13, 2008 3:00 pm

Would you happen to have any information for me? Here is my situation:

My boyfriend lives in NYC and I was looking into teaching at a private school there. I have a few interviews this week.
I have a bachelor's degree in Psychology from Toronto. I have my teaching certificate from Buffalo, NY and my masters in education from Buffalo, NY as well.
What do I do and how long will it take? What are my options? I will ask the school about this during the interview, but what if they won't do it? What if it takes too long etc.
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Post Wed May 14, 2008 11:51 am

J-1 or TN-1. The paperwork on the school's end is about as difficult either way, but it's not that hard. J-1 can have a longer validity period, but there is a proposed rule to extend TN-1 to three years, so I'm not sure which one is better. Whichever one the school is the most comfortable with I guess.
Steve.
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Christopher G. Rizzo, EsqCanuckAbroad VIP
Posts: 281
Joined: 17 Oct 2007
Location: Red Bank, NJ USA

Post Sun May 25, 2008 6:07 am

Actually CIS does recognize Canadian common law relationships. As long as the Canadian Province recognizes the marriage as valid, CIS will honor it.

I had a case last year where the E-2 investor had a common law wife in Ontario and she was issued an E derivative without issue,
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Post Mon May 26, 2008 10:35 pm

Actually someone pointed out in another thread that "co-habiting" partners can go in as B-2 indefinitely anyway, there is a special rule for them. On an H-1B an H-4 cannot work anyway, so there is no real disadvantage to a B-2 entry other than possibly confusing the USCIS officer. If the co-habiting partner wants to study, it's easy for Canadians to get F-1 status so that doesn't really matter either.
Steve.
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