Wife and I need advice.

[valden83]

Hello everyone, pleasure to be a part of this group.

I figure I will start out saying that my wife and I got married back in November of 2010 and have started the CR-1 Visa process for her immigration to the US. Our visa petition just got approved on Friday, so we are getting ready to go to the next step, but some things have changed that may make us want to reconsider things.

Fast forward to today, I am unemployed (was not when we applied), and have been for about three weeks. She has a good stable job, and they like her a lot, even offered her a management position. To add to the mix, her boss and the company manager both mentioned to her today that they would like to hire me to work for them, as apparently they really liked me when I went to visit her a few months back. They want me to work for them asap, but I was under the impression that a work visa can take quite a while. We are already four months into the immigration process here in the states, but I guess if we were going to change things, now would be the time... Is there any way I can get there and work soon? Is it possible to stay there and work and still continue with the US visa process?

Really boggled at to what I should do now....Any insight would be appreciated!

 

[PMM]

Hi

Hello everyone, pleasure to be a part of this group.

I figure I will start out saying that my wife and I got married back in November of 2010 and have started the CR-1 Visa process for her immigration to the US. Our visa petition just got approved on Friday, so we are getting ready to go to the next step, but some things have changed that may make us want to reconsider things.

Fast forward to today, I am unemployed (was not when we applied), and have been for about three weeks. She has a good stable job, and they like her a lot, even offered her a management position. To add to the mix, her boss and the company manager both mentioned to her today that they would like to hire me to work for them, as apparently they really liked me when I went to visit her a few months back. They want me to work for them asap, but I was under the impression that a work visa can take quite a while. We are already four months into the immigration process here in the states, but I guess if we were going to change things, now would be the time... Is there any way I can get there and work soon? Is it possible to stay there and work and still continue with the US visa process?

Really boggled at to what I should do now....Any insight would be appreciated!

1. For you to work in Canada, the employer must obtain a Labour Market Opinion from HRSDC after advertising the position on the job bank for a minimum of 2 weeks. They must demonstrate that there are no Canadians or Permanent residents available or qualified for the position. Only then if it is approved by HRSDC can you apply for a work permit.
2. As to the US residency question, it depends if you have to be resident in the US during the processing of her application. According to the following information, you do.

Is Residence in the U.S. Required for the U.S. Sponsor?

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is where you plan to live for the foreseeable future. Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.

 

[Leon]

Adding to that, if you are a US citizen and the job on offer falls under NAFTA, you could get a NAFTA work visa which means you would not need an LMO, just a job offer. You can see a list of NAFTA occupations here: http://www.canadavisa.com/nafta-temporary-work-permit-canada.html

If she applies to sponsor you outland, it will take at least a few months for you to get PR and then you can work. In the meantime, you can stay in the US or visit her in Canada, doesn't matter.