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Question from a new US Immigrant

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  • Question from a new US Immigrant

    I am a new immigrant sponsored by my family. I arrived Nov 21, 2019. My girlfriend, who is a Canadian citizen came here a week before on Nov 15th under the visa waiver program. Her passport is stamped for B-2 valid for 180 days.

    1. The quickest way for her to start working.
    2. Start the immigration process since F2A is current now.
    1. What if she gets a TN VISA and then get married? She applied and got a job offer since here. Would they consider her application of TN a fraud as we knew each other and were planning to get married this whole time?
    2. What if we get married NOW and file petition before she get any VISA?
      1. It is common for foreigner to marry to an American. However, since we knew each other before I came here, would the examiner give her trouble for entering via VISA waiver program and try to adjust status without going back to Canada first?
      2. Is it better for her to return to Canada first and acquire a K-1 fiancé VISA first? Downside: long wait time for K-1. Can't get married and file petition until getting K-1.
    Last edited by chevycc; 01-03-2020, 04:20 AM.

  • #2
    Canada is not part of the Visa Waiver Program; she entered as a B2 visitor; Canadian citizens just don't need visas to enter the US on most types of nonimmigrant statuses.

    She could do Adjustment of Status now (file I-130 and I-485 concurrently). She would have to wait until she gets her EAD before she can work. We can't predict whether they might suspect her of having misrepresented herself when she entered (and it also depends on what she told the officer when she entered).

    If she works on TN she would still not get a "visa" (Canadian citizens don't need visas); she would leave and re-enter on TN status, or her employer can apply for Change of Status; both of those would require that she not have immigrant intent. So she should not do either of these with the intention to do Adjustment of Status during the stay.

    The spouse of a permanent resident cannot get K1. For her to immigrate from abroad you would have to marry her first (in the US or Canada or elsewhere; doesn't matter) and then petition her to immigrate as your spouse.

    This is my personal opinion and is not to be construed as legal advice.


    • #3
      Thanks for the response.

      Would the following order of action be feasible and sound?

      1. She start working under TN status.
      2. Wait over 90 days to avoid suspicion of preconceived intent.
      3. We get married and file i-130 petition and i-485 Adjustment of Status concurrently while she works/lives in the U.S under TN


      • #4
        If the intent is preconceived at the time of entry, that is still true no matter how long you wait afterwards. I suggest she adjust now from B2 after marriage.

        This is my personal opinion and is not to be construed as legal advice.