What can we expect? [Archive]

Wantstobe

08-02-2007, 04:41 AM

I am a Canadian citizen, currently living and employed in Canada. My fiance is an American citizen, currently living and employed in the US.

I would like to move to the US to work and live with my fiance prior to our wedding (scheduled for next July).

I have researched on the internet as well as contacted friends with past experience and here is what I have come up with for options:

1. Since I am a qualifed accountant I could try and get TN status with a job offer, however, since the intention can't be permanent I may run into trouble with this route.

2. Apply for the fiance visa and bump up our wedding, I have read that I can expect the application process to take up to 6 months, and then another 3 months for employment authorization

Does anyone else have experience in a similar situation? Any advice or comments on how long you think I can expect to wait before I can legally work in the US?

Thanks in advance

Coventrated

08-02-2007, 06:35 AM

1. TN requires: Accountant ‑ B/L Degree; or C.P.A., C A., C.G.A., or C.M.A. No idea if you can get around the non immigrant intent.

2. 6 months seems a bit tight, which service centre would you be filing through.

3. 3 months is after you file for EAD which is after you get married and send in the documentation.

Wantstobe

08-02-2007, 03:45 PM

Coventrated

08-02-2007, 07:22 PM

6 months maybe, best to allow a bit longer.

You have not basis for applying for EAD until you are married.

JFK is still I believe giving temp EAD's good for 90 days, whether they will when you enter is another matter and not an obvious POE for you.

Wantstobe

08-02-2007, 07:31 PM

Thank you, that really clarifies a lot for me.

:D

kitkat1

08-02-2007, 07:38 PM

We would be filing through the California service center.

So, what you are saying is that I can expect to wait longer than six months?

Also, could you please clarify that I can't apply for the EAD until we are married.

Thanks in advance

You have to consider the entire process - service center processing, passing through the NVC, getting to the consulate, having medical exam and returning all the appropriate documents to the consulate, and waiting for an interview date. This can definitely take more than 6 months total but it varies based on service center and consulate. Due to this, it's a very very bad idea to plan a wedding or anything until visa is in hand.

Once you enter, you have 90 days to marry. Then you apply for AOS and EAD. EADs take about 3 months minimum as stated, but if you can enter at JFK you have a good chance of getting a temporary 90 day authorization stamp.

Follow the flow chart here for a better idea of each step:

http://www.familybasedimmigration.com/forum/k1flowchart.php