Legal Question in Immigration Law in North Carolina

My fiance lives in Canada and is professionally employed. From what I can see, there is a horrible Catch-22 that she cannot really look for a job in the USA without having a work permit, but in order to get a work permit she has to leave Canada and cannot leave the USA until she gets her green card - in effect requiring her to give up her job there. We are both quite happy to get married, but we don't want her to have to give up her job in Canada until she has one here. Is there a way to do this? It seems stupid that she can cross the border every weekend now, but that if we actually get engaged and get her a fiance visa she can no longer go back and forth.


Asked on 3/08/10, 11:26 am

1 Answer from Attorneys
Philip Eichorn Hammond Law Group

This is a common conundrum for many Canadian/U.S. relationships. Our office routinely advises people on these situations. You fiance may enter the U.S. and search for a job as Canadian citizens are considered visitors (B-1 Visa holders). She cannot begin work until she has properly filed paperwork for said job and has obtained the required approval. If she possesses a bachelor's degree or higher and works in a specialty occupation, an approval for this type of employment can be obtained in about 30 days time. This would be the optimum situation. There are other avenues on which you and she can proceed. This is the appropriate time to retain counsel to help you determine what is in your family's best interest.

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Answered on 3/13/10, 11:38 am


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