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I am married to a US citizen and currently working in Canada. My wife lives in the US. If I enter the country on a B2 visa to visit her, I know that I cannot apply for a green card right away since that would constitute visa fraud. However, if I entered the US and my company laid me off after a few weeks of being here, could I apply for a green card through marriage citing financial hardship? I obviously did not enter the US with the intention on applying for a green card but things changed so I had to apply for a green card. Anyone have any idea whether this is a reasonable path to take?
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You are planning a complex visa juggling/immigration route. Best if you go as advised by a good attorney.Originally posted by sp186 View Post
This is my opinion not legal advice. -
sp186
I personally think you avoid this unusualy route ; who knows if it will work.
Why don't you do it the proper way?
Wait for your immigrant visa in canada after your spouse files an I-130 for you in US?Comment
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peace999, I can but it takes way too long for the approval process. That means I have to be outside the US for months on end before I get my EAD.Comment
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yes, it takes about 10-12 mos from I-130 filing to you getting an immigrant visa in canada.
THere is a k3 visa option where your spouse files an I-130 with I-129 so you can get a K3 in canada.
That K3 allows you to enter US while I-130 is processed and adjust status to green card in US.
But I do not know how long its processing takes.
You can also do this ; if you can get an employer to file for your H-1 or L-1 you can enter on one of those and then adjust status to
green card through your wife. That is allowed.Comment
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