You are here:

Immigration Issues/Fiance is a canadian citizen, I am on H1-B...Visa situation best for her..

Advertisement


Question
Hi,
Let me explain my situation and please advise me on the best course of action.

I am an Indian citizen. I am working in the US on my H1-B and have applied for my Green card. Its in the I-140 stage and I am getting married in Dec '08 in India. I highly doubt filing for I-485 at the time of my wedding. My fiance is a canadian citizen. She will relocate to my place after wedding. I would like to know given 2 scenarios.

Scenario 1: If she finds a job in the US just before our wedding and she plans to start work right after we arrive in the US after the wedding. Which visa would be best or is this impossible?

Scenario 2: She finds a job in Jan '09 and wants to join in Feb.

I have heard news about TN (she qualifies for that...) visa applicants not encouraged if they intend applying for green card. She cannot avoid revealing I have applied for my green card if an immigration officer questions her at the port of entry.

I have also heard about H1-B cap opening in April '09 and soonest she can start work is Oct '09.

So, please advise the best course of action for us.

Thanks,  

Answer
Sreeram,

I believe that you are aware of this but I need to mention it.  If your fiance was born in Canada then you can use of the cross-chargeability provision and be able to file your I-485. That is you will not be subject to the visa dates for Indian nationals.

TN is her only option since there are no H visas available at this time. Other than applying for a job with a  cap exempt employer or qualify under O visa requirements.

Since it is you who have filed the I-140 she should be able to apply for her TN and it has also been held (not through regulation) that filing an I-140 is not indicative of immigrant intent for filing a TN visa.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com  

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

©2016 About.com. All rights reserved.