How to get my fiance into USA - what visa to apply for?

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aucho53
Posts: 3
Joined: Mon Sep 19, 2011 2:09 pm

How to get my fiance into USA - what visa to apply for?

Post by aucho53 »

Hi Everyone,

I will be moving the US on an H1B visa shortly from Canada. My fiance (also Canadian) would obviously want to come to live with me. What is the best process for him to follow to get to US with me. He doesn't have to be able to work right away I can support us. But I would like him to be able to live with me. Does anyone have any suggestions?

Thank You!
JGCA
Posts: 754
Joined: Thu Nov 18, 2010 3:05 pm
Location: Montreal, QC Canada

Post by JGCA »

THere is a specific visa for bringing into the US a fiance to then mary them in the US within 90 days its a K-1 visa BUT you have to be a US citizen to be eligible to apply for this visa for your fiance, in your case it looks as if you are not a USC.

So you should just apply for a tourist visa for him B-2 but he will not be eligible to work under this visa but may attend some classes, it can also be extended.
JG
nelsona
Posts: 18311
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

JCGA, stick to taxes....

Until you marry your fiance, he can only 'visit' you in US, all the while maintaining Cdn residency (full appartment, utilities, etc). This is B2 status and does NOT permit going to school nor work.

Once you marry, he will get H4 status, which does not allow work, but does allow schooling.

Of course, if he is a professional, he can seek his own work status (TN, H1), or he can go to school of F1 status.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
JGCA
Posts: 754
Joined: Thu Nov 18, 2010 3:05 pm
Location: Montreal, QC Canada

Post by JGCA »

I meant he can come in as a tourist and take some classes like a one or two day cooking class not a college tuition. As a tourist he ofcourse will maintain his CND residence, this is what I meant Nelsona, nothing more.

And the best thing is a K-1 just for this purpose but she does not qualify.


And yes I will stick to tax, but I believe I can explain myself first and help whereever I can but ofcourse under your watchful eye.
JG
JGCA
Posts: 754
Joined: Thu Nov 18, 2010 3:05 pm
Location: Montreal, QC Canada

Post by JGCA »

Also if your fiance does come in under a B-2 ( and if he likes he can indeed attend recreational non credited courses that are approved and under 18 hrs per week in duration) and you do get married he then has to inform the US consulate that he is now married to a US resident or citizen and then leave the US to await re-entry under the visa NELSONA explained.
JG
nelsona
Posts: 18311
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

The fancee is getting H1. Period.

This the only options for entry are B2 (maintaining residence) and no schooling. She can go to movies every day, which is equivalent to taking non-credited courses.


K-1 is for marriage to US citzen only. Why is this even mentionned.

marry and get H4.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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