LPR husbad to sponsor Canadian citizen wife?

[Joeschmo]

Hello senior members

I got my GC approved under EB1 MM almost an year ago. Now I am pursuing an arranged marriage with a Canadian citizen girl. If I am reading this right I should apply under 'F2A category - Spouse of LPR" and the Jul11 visa bulletin says the PD is Mar2008.

- Does this mean I am looking at 3-4 year horizon before she can legally move to US?
- Does cross-chargeability apply based on her country of birth or citizenship as in case of EB based applications?
- What other viable options exist besides H1/L1/F1?

Thanks and please advise

[svaradara]

Hello senior members

I got my GC approved under EB1 MM almost an year ago. Now I am pursuing an arranged marriage with a Canadian citizen girl. If I am reading this right I should apply under 'F2A category - Spouse of LPR" and the Jul11 visa bulletin says the PD is Mar2008.

- Does this mean I am looking at 3-4 year horizon before she can legally move to US?
- Does cross-chargeability apply based on her country of birth or citizenship as in case of EB based applications?
- What other viable options exist besides H1/L1/F1?

Thanks and please advise

1. No, there is a way around that; she can apply for a job in US, get a TN-1 and come down while unmarried; then once in US, have her employer convert it to H1-b (Canada is #3 in H1-b's); you do the marriage after she has H1-b in hand
2. don't understand that question
3. TN-1 (a work visa with up to 3 years validity, only issued to Canucks; it is issued at POE/PFI, never at Consulate/Embassy), as I stated for #1

I am an erstwhile Canuck who first entered US to work on TN-1.

[Joeschmo]

@svaradara

Thanks a ton for the response. This is very hopeful!! A few more on the same questions below...

1. a) TN-1 visa can be processed at POE/border based on an offer letter from employer (not consultant?) and a few supporting docs (NO petition, etc like H & L visas) correct?
b) Is TN-1 visa subject to less scrutiny and denial unlike H1b? (prospective candidate has strong edu and work credentials in Accounting)
c) What is the benefit of converting to H1b (instead of continuing on TN-1) and why do you suggest to marry after securing H1b (what is the risk)?
d) What does it mean when you say Canada is #3 in H1B
e) Are employers more open to TN1 than H1B due to ease of process, etc?

2. I guess cross-chargeability does not apply for Family based immigrations. But I meant- For eg. EB2 PD is current for all countries except India and China, similarly does it help if an FB-2A is applied for a spouse born in other countries except Ind/China and has a Canadian citizenship (instead of the regular 3/4 yrs)?

Apologies for the detail and greatly appreciate your advise!

[svaradara]

Thanks a ton for the response. This is very hopeful!! A few more on the same questions below...

1. a) TN-1 visa can be processed at POE/border based on an offer letter from employer (not consultant?) and a few supporting docs (NO petition, etc like H & L visas) correct?
b) Is TN-1 visa subject to less scrutiny and denial unlike H1b? (prospective candidate has strong edu and work credentials in Accounting)
c) What is the benefit of converting to H1b (instead of continuing on TN-1) and why do you suggest to marry after securing H1b (what is the risk)?
d) What does it mean when you say Canada is #3 in H1B
e) Are employers more open to TN1 than H1B due to ease of process, etc?

2. I guess cross-chargeability does not apply for Family based immigrations. But I meant- For eg. EB2 PD is current for all countries except India and China, similarly does it help if an FB-2A is applied for a spouse born in other countries except Ind/China and has a Canadian citizenship (instead of the regular 3/4 yrs)?

Apologies for the detail and greatly appreciate your advise!

1. (a) correct--the letter has to be in a rather specific format (and on employer's letterhead), and the position stated must be on the TN-professions list (this may need some "tweaking")
(b) Not really--they ask for proof of Canadian citizenship (passport, Citizenship Card, or for those born in Canada birth certificate will work) and educational qualifications (transcript works well for this)
(c) Technically, a TN-1 is supposed to be non-immigrant only--and I'm not sure that marrying a GC-holder doesn't constitute that (which could leave the TN-1 holder in an untenable position if the visa expires before the PD becomes current); when converted to H1-b, this issue is avoided.
(d) Indians get largest number (close to 40%) of all H1-b's for a year, followed by China (20%) then Canada (10%).
(e) somewhat--because they can hire the Canadian sooner on TN-1 than on H1-b.

2. Unfortunately, country of birth, not that of citizenship, is used to figure the cutoff-date (I learned this the hard way in 1997).

[Joeschmo]

Clarification on 1C below...

Thanks again svaradara... a couple more below

1.C - Is TN-1 is issued for 3 years? If yes, can I be married for 3 years and then apply for PR as spouse of USC? Assuming, the primary gets citizenship by then and the TN-1 status is still valid during this time (no job loss, etc)

2. This is for employment based and does not apply at all for Family based, correct? The person is NOT born in Ind/China...