Spouse Visa/GC after Green Card

[desiguy01]

I am the same guy who posted the earlier thread "Relinquishing Green Card to get another visa?"... the thread lead to a lot of discussion ... but no answers for me.

Is there any effort to include Spouses of GC holders as a part of the K1 (Fiancee visa) ? I recall that there was some lobbying on this front a while ago.. any updates?

 

[arizonian]

I am the same guy who posted the earlier thread "Relinquishing Green Card to get another visa?"... the thread lead to a lot of discussion ... but no answers for me.

Is there any effort to include Spouses of GC holders as a part of the K1 (Fiancee visa) ? I recall that there was some lobbying on this front a while ago.. any updates?

The answers are all there if you bothered to read through them. Your options are as follows:

1. Get your wife on a H1 or L1 visa while you keep your GC. She can come as soon as she gets the visa, which should be relatively quickly.
2. Relinquish your GC, and get your wife on a supporting visa, depending on what you get.
3. Apply for her immigration and wait years before her dates are current
4. Wait for citizenship and then apply for her immigration

Number 1 is the most sensible choice if your wife is trained/qualified.

 

[desiguy01]

What about the K1 option

Thanks...

How is it that nobody talked about the K-1 (or possibility of including GC's in K1) option? Is that too far-fetched even to comment?

 

[cowy]

I agree with JoeF, but I hope things are getting better.

 

[hipka]

The answers are all there if you bothered to read through them. Your options are as follows:

1. Get your wife on a H1 or L1 visa while you keep your GC. She can come as soon as she gets the visa, which should be relatively quickly.
2. Relinquish your GC, and get your wife on a supporting visa, depending on what you get.
3. Apply for her immigration and wait years before her dates are current
4. Wait for citizenship and then apply for her immigration

Number 1 is the most sensible choice if your wife is trained/qualified.

Also,
5) Don't forget to consider F1, no matter what others here say!

 

[arizonian]

Yes, it does not matter if she is in Canada. A dual intent visa would be the way to go. The only way you will get away with a B1 or F1 is if you conceal the fact that the future husband is a GC holder; and that is definitely not advisable.

 

[GotPR?]

Does it hurt her record in any way to have a B1 visa denied? If it only costs the application fee and there is no potential implications, then we don't mind try our luck.

If she is eligible for visa wavier program, visa denial will hurt her a little bit.
She need to have visa everytime she enter the US even though she is a national allowed VWP.
Otherwise,, she may get scrutinized to get visa if she had visa denial record.

 

[arizonian]

I spoke to an immigration consulting company and was told that if we can show enough reason for her to remain in Canada (unfinished school, property, small business owned by her), then there is a chance. Of course, she is just a paralegal and it is in their interest to sell their service to me.

.

This is a very weak argument at best. A PR spouse is a proof enough for the intent to immigrate. Period. This trumps anything else.

 

[GotPR?]

A Canadian citizen is under VWP and does not require a visa to enter US as a visitor. Are you saying that even if she becomes a Canadian citizen in the future, she will still be required to apply for a visitor’s visa just because there was a denial record in the past? That sounds pretty harsh, and will be pretty difficult to enforce.

http://www.travel.state.gov/visa/temp/without/without_1990.html#3

Yes.
Person who was denied with visa issue in the past is not eligible for VWP.
I am also from the country allowed VWP, and I saw some folks who
were denied F1 visa and were required to have B2 to visit the US.

In general, it's not difficult to enforce it. I do not remember exactly, but
i thought there was a question about visa denial in I-94W(green one).
If you answer NO despite the fact of visa denial, you may be able to enter, but cheating immigration is not advisable.

I do not know how many years this rule is applicable.

 

[TheRealCanadian]

If I understand this correctly, if my wife becomes a Canadian citizen and I did not file a GC application in US for her, then she should be able to enter US without any visa.

This is correct. Canadian citizens' visa-exemption is far broader than the VWP, as it includes all non-immigrant classes except E and K. The VWP just covers B visitors.

While your wife, as a Canadian citizen, would not require a visa stamp in order to request entry at the border, she would still need to meet all the requirements for B status. Many Canadians are turned away at the border. If she tells the POE her husband is a permanent resident, it is extremely unlikely that they will let her in.

 

[GotPR?]

I guess that we both made a mistake. According to your link:

“Canada, Mexico and Bermuda are not participants in the Visa Waiver Program. The Immigration and Nationality Act includes other provisions for visa-free travel for nationals of Canada and Bermuda under certain circumstances.”

.

You are right. Thanks for correction.

 

[TheRealCanadian]

BTW, I was told that a GC holder can drive between US and Canada, and won’t leave any record behind, unless his passport/GC gets stamped/swiped (which rarely happens). Is that a correct understanding?

I would be exceedingly reluctant to draw that conclusion. They may enter the data by hand into computers, and I've heard they do license plate checks as well. The Canadians and Americans do exchange information as well.

 

[arizonian]

Thanks for the clarification, RealCanadian.

BTW, I was told that a GC holder can drive between US and Canada, and won’t leave any record behind, unless his passport/GC gets stamped/swiped (which rarely happens). Is that a correct understanding?

I have not travelled across recently but I am guessing that things as they are now, they should be logging all crossings.