H Visa Work Authorization

[K_in_Georgia]

I am engaged to a Canadian. We're finding the process of paperwork overwhelming & frustrating. If he came to US & visited for say 3 - 6 months, we get married, would he them be able to have work authorization and permission to stay in the country or would they require him to leave & return to Canada?

Thank you,

K

 

[NYClex]

As you might have noticed in the other threads here concerning the same question, theoretically the answer would be yes. Practically though there is one common problem: Canadians usually are not being issued a I-94 card at the border when they enter the US as visitors. But you need that card when you want to stay and adjust the status to permanent legal resident.

Therefore it is much easier to apply for a K-1 fiance visa in advance and then marry and do all the paperwork.