help needed to select the right visa!

H

hercules_pam

New Member
Hello,
I am F1 student based in US currently. I want to get married to my Canadian girl friend. And she is currently working there. She wants to keep working in US and her company is willing to send her to US operations. What I have gathered from searching on the net is that TN-1 visa status is the right way to approach this condition. But, once we show our marriage in US, how would my US visa be affected, and offcourse we dont want her to be on F-2 as then she cannot work in US. So anyone kindly please explain what is the best approach to deal with visas in our case.

And can she look for jobs here on TN visa , i.e. is it necessary to have Work Authorization papers to get TN1 visa approved in the first place.

Thanks, we would really appreciate your help!
 
No,

If, she is in Canada and wants to come to the US with the same company, then use the L1 inter company visa. It will then be much easier as time goes on to get a green card. The TN is really more if she was going to go work for a new company. L1 is far better. If she can qualify for a TN then she should have no problem getting an L1. What I mean by this is, that for a TN she needs to have some sort of degree or diploma behind her in order to qualify for the specific categories. She can't some on a TN as a food server (sorry if I offended any food servers out there) or possibly even an L1 for that matter. It needs to be something somewhat substantial in nature. L1, I believe ,allows for a little more latitude in this area. I don't think she needs to have as higher qualifications as some of the TN categories.

What are her qualifications?

Second, your marriage has nothing to do with any of this. It is completely separate from the work issue. You are a citizen of country A and she is a citizen of country B. As far as USCIS is concerned, you are both visitors to the US. You are F-1 and she is either TN or L1. It's as simple as that. Where it becomes an issue is if you go to Canada - then customs and revenue will start to ask the questions. The same if she goes to your country.

BTW....If she comes as an L1, and you are a student, you might want to think about about becoming an L2 dependent. I believe after a year or so, you would get resident fees for school if you are attending any public institutions.

And the TN and L1 is the work authorization. There are no other papers. It's very different if you are from Canada versus another country. It's a little easier, but also a little more complex.
 
hercules_pam said:
Hello,
I am F1 student based in US currently. I want to get married to my Canadian girl friend. And she is currently working there. She wants to keep working in US and her company is willing to send her to US operations. What I have gathered from searching on the net is that TN-1 visa status is the right way to approach this condition. But, once we show our marriage in US, how would my US visa be affected, and offcourse we dont want her to be on F-2 as then she cannot work in US. So anyone kindly please explain what is the best approach to deal with visas in our case.

And can she look for jobs here on TN visa , i.e. is it necessary to have Work Authorization papers to get TN1 visa approved in the first place.

Thanks, we would really appreciate your help!
Click to expand...

She might qualify for an L1 visa if she is being transferred to the US by her existing employer. This has the advantage that once you are married, you can switch to L2 which would allow you to work and not just study.

Your proposed marriage won't affect either of your existing statuses unless and until you decide to change status because of your marriage.

Yes she can look for a new job while here on an existing TN (or L-1).
 
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