Simple question, I hope

X

xenologue

Registered Users (C)
My husband and I married in June 06. I'm a Canadian citizen and he is a US citizen.

We had hoped I'd be able to come down to where he is (South Texas) on a work visa for a teaching job, but the job that was so promising seems to have fallen through. I think it's unlikely that most other places hiring anyone would want to go through the hassle of bringing me across the border.

Of course we have a number of options now but one we want to explore is that I just go down there as soon as I am done my PhD later this year and live with him, and start working when I can legally do so. He can support me no problem.

I'm just not clear on a couple of things. We start the I-130 and other forms, I understand, but I'm not clear on at what precise point in the process I would actually be permitted to drive myself, my stuff, and our pets across the border with the intention of going to live with my husband, without being in violation of immigration law. Do I have to wait until the forms are received by Immigration? Until I have some kind of registration number? Until I have a GC in my hot little hand?

Any help would be appreciated. I did look in the FAQ but didn't find the answer to this question.
 
Seeing as you are currently outside the US, you have the following options:

1. Consular Processing - 9-12 months from start.
Apply I-130
Apply I-864, DS-230 when notified
Interview at consulate
DS-230 issued
Arrive in US
GC automatically issued​

2. K-3 spouse visa - 9 months or so for K-3. 6+ months for AOS/GC
Apply I-130 + I-129F
Interview at consulate
K-3 issued
Arrive in US
Apply I-485
Interview at local DO
GC eventually issued​

I don't see any other way that you'd legally be allowed to enter the US. Most PoE will turn you away if they discover you are married to a USC and trying to enter on a visa waiver or similar.
 
Xenologue,
In addition to the options stated by boatbod, H-1B is also a remote possibility but with the over-subscription of that, your best bet is to get your immigrant or K-3 visa from Montreal and then move to Texas.
 
I mean - she could try. It will go better if she can explain to the employer that she doesn't need a work visa (H1b) that employers are usually afraid of. :)
 
Yeah, I don't think I have skills beyond academics that would allow an employer to argue that I was the only one they could hire and they needed to import a Canadian.

Which option will get me allowed into the US fastest, do you think? And which will get me Green Carded fastest? He can support me, but I'd like to be able to work as soon as I can. But the most important thing to me is being able to be living with him ASAP.
 
Thank you all for your great advice.

Another thing -- after I have submitted the forms and am waiting for our interview and for permission to enter the US as an immigrant, can I still travel back and forth over the border, provided I have some proof that I am coming back? (like a rental agreement etc.)
 
xenologue said:
Another thing -- after I have submitted the forms and am waiting for our interview and for permission to enter the US as an immigrant, can I still travel back and forth over the border, provided I have some proof that I am coming back? (like a rental agreement etc.)
Click to expand...

It is possible, but not guaranteed. You will certainly face extra scrutiny and I would bring along solid evidence that you will be returning back to Canada at the conclusion of your trip.
 
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