GC from out of the USA

G

GeneralG

Registered Users (C)
Hi all,
I have a friend who is Canadian Citizen. he is engaged to a USC.
he works in Canada.
he wants to keep working while processing all the docs to get GC.

can he apply for 485 and 130 and go back to Canada? or he has to stay in USA?
where the interview is going to be held?
is it going to be a problem to prove their marriage?

what is the best way to get the GC and keep working in Canada.

Thank you
 
sorry but I'm not clear...
should he get married in Canada? or the US?
he doesn't want to leave his job, what are you suggesting is to find a job first before he gets married.
so if he can't find a job, he won't get married, is that right? :rolleyes:

let me ask another way, is there a way to get a green card by applying 485, 130 without living in the US?

Thanks
 
GeneralG said:
should he get married in Canada? or the US?
Click to expand...

Wherever he wants. It doesn't amtter.

he doesn't want to leave his job, what are you suggesting is to find a job first before he gets married. so if he can't find a job, he won't get married, is that right? :rolleyes:
Click to expand...

He needs to figure out where he wants to LIVE. If he's not going to live in the US, he does not need a Green Card, nor will he be eligible for one.

let me ask another way, is there a way to get a green card by applying 485, 130 without living in the US?
Click to expand...

I already said so. It's called consular processing.
 
TheRealCanadian said:
He needs to figure out where he wants to LIVE. If he's not going to live in the US, he does not need a Green Card, nor will he be eligible for one.
Click to expand...
well anybody doesn't want to live in the US, doesn't need to have any form of Visa, or other status like GC or anything else!!!
I thought I was clear when I said he wants to get a GC, that means he wants to LIVE in us but after he gets the GC first.
I don't know if I wasn't so clear. so I'm sorry. let me say again.

he has a job in Canada, he wants to keep his job as long as the process for GC will take 4-6 months or longer, once he gets his GC he can move in to the US and find another job. this way he can still support himself. so what are his options?

can he get married, keep working in Canada, apply for 485,130 (or one of them or whatever) get the GC, move in to the US

I assume he can't work at a boarder city in Canada and live in the US because he can't leave the US after applying for GC anyway...
even if he gets a job in the US, it won't be a professional job and how can he get a visa for it while GC in process?

Thank you
 
GeneralG said:
I thought I was clear when I said he wants to get a GC, that means he wants to LIVE in us
Click to expand...

You should not make that assumption. ;) I've seen plenty of folks who wanted a GC as a border crossing card, little more. I was under the impression that he wanted to continue working in Canada, even after the GC.

he has a job in Canada, he wants to keep his job as long as the process for GC will take 4-6 months or longer, once he gets his GC he can move in to the US and find another job.
Click to expand...

In such a circumstance yes, Consular Processing is the way to go. The spouse files an I-130 and after that is approved, instead of an I-485 he does an interview in Montreal and gets his immigrant visa.
 
Ok perfect,
other than that, he has to move in, do the whole hooplah, stay at home for 4-6 months then start working after he gets his GC.
right?
 
GeneralG,
For Canadian citizens, I would advise K-1. I am assuming that the Canadian half of the couple seriously wants to live in the US with his/her spouse.
 
Triple Citizen said:
GeneralG,
For Canadian citizens, I would advise K-1. I am assuming that the Canadian half of the couple seriously wants to live in the US with his/her spouse.
Click to expand...

But he said he wants to keep the job in Canada. I suppose one could keep working until the K-1 is approved, but then they'd need to get an EAD and wait for that.

It really comes down to whether the job or the spouse is more important.
 
I think (emphasis on think) the OP's friend wants to work in Canada until he can work in the US. The OP's friend is assuming that GC and only a GC will allow him to work. On K-1 he can work for 90 days, then jump to an EAD and then get his GC. It is possible. My AOS was in the process the next day after I entered the US on my K-1 :)
 
Thank you all guys for the insight,
1) I really don't know how K1 works.
2) Even if he gets K1, I think he needs to look for a job at least few months.

So if he goes with K1, he should get any job until he finds his own job by that time he will get his 765 approved hopefully.
Otherwise, he has to go through consular processing.

Now my question is, we all here live in US and married and live with our spouses and still some of us struggle in the interview to proof our marriages.
How is he going to proof his marriage by staying in Canada and working there, (being married in distance)???

I don't know, what is the best way to do this? I think it comes down as TheReal said, spouse or a job.
 
Triple Citizen said:
My AOS was in the process the next day after I entered the US on my K-1 :)
Click to expand...

Really-really? in GA it takes a week to get a marriage certificate, so it's pretty much impossible to start AOS process the day after your arrival.... And you have to get a marriage license first....
 
I got married (civil ceremony) in a real small town upstate NY. I had arranged for the licence ahead of time. The day I crossed (with complete AOS documents) with my K-1, I got married. Got the certificate 20 minutes after. Overnight drove to Boston and applied for AOS in person the next day. Walked out with an AP in hand :) Good old days!!!
 
GeneralG said:
Thank you all guys for the insight,
1) I really don't know how K1 works.
2) Even if he gets K1, I think he needs to look for a job at least few months.
Click to expand...
K1 is a fiance visa. Get the visa, then enter the US and get married. After getting married, apply for the green card via I-485.
 
Triple Citizen said:
I got married (civil ceremony) in a real small town upstate NY. I had arranged for the licence ahead of time. The day I crossed (with complete AOS documents) with my K-1, I got married. Got the certificate 20 minutes after. Overnight drove to Boston and applied for AOS in person the next day. Walked out with an AP in hand :) Good old days!!!
Click to expand...

Good old days indeed :eek: :D
 
Triple Citizen said:
I got married (civil ceremony) in a real small town upstate NY. I had arranged for the licence ahead of time. !
Click to expand...
Good old days..

and the license had to be applied for in person... We got very lucky - on July 1, blood tests for the marriage license were no longer needed, and I came to GA on July 3 to get the marriage license. I was glad I didn't have to go through that time consuming hassle. So, we just went to the Probate Court and got the license!
 
is Consular Processing, form I-130 or it is a different form?
Is this scenario acceptable: Marry the girl in a MI court, apply for Consular Processing and then go back to Canada [since i don't have any status, privileges, rights in the US]. Would work permit get automatically approved without submitting an application or i have to submit a separate application and when do i have to submit one? what do i need to do in Canada in terms of submitting applications? what do i need to do once consular processing has been approved?

Thank you.
 
You must log in or register to reply here.
Top