American dating Canadian in process of divorce, Canadian to move to US - HELP!!

[Maurolino Ignacio]

Hi All,

I have been trying to do my research on the many different situations however it seems as though mine is a bit more complicated. I am currently dating a Canadian citizen and she is in the process of going through a divorce that should be finalized by May 2017. We really wanted for her to move to the U.S. within the next couple of months (October or November 2016). Evidently I know that marriage is the easiest way to get her to live here in the U.S. long-term but her divorce status will prevent that. We're pretty much not wanting to do the long-distance situation and want to be here in the near future, not wanting to have to wait more months. Moving forward, what are our options? A couple questions come to mind...

1. If she comes to visit long-term (I believe she is allowed to stay 6 months in a duration of 1 year?), is she allowed to look for work in that time she is here and then convert to a working visa if she is successful?
2. If we decide that we want to do the fiance visa, will we only be able to apply for this after her divorce is complete?
3. If she comes for 6 months, could we apply for the fiance visa to extend her allowable time to be in the U.S.?

Thanks in advance for any help!

[PKumar01]

Hey,
I don't know the answer to the 1st question.
2nd. Yes, you can only apply the I-129F (Fiance visa petition) once you two are free to marry (divorce is completed and courts are signed off).
3rd. No, your fiance visa petition cannot extend her stay. The k1 is processed for several months, then she must attend an interview, typically in her home country.

[Metaler]

You will need to wait until her divorce is final and she has her divorce decree or whatever it is called in Canada. Then she can apply for Fiance visa or K-3 if you get married in Canada.