California Man wants his fiancée to visit him in the US. I-129F I-130 I-134 - ask international non-resident income tax exp

QUESTION: I am an American man living in California and plan to marry a
Canadian woman who lives in Toronto and is in the process of divorcing her
Canadian husband.  The plan is for her to move to CA as soon as possible.
Is there some sort of "legal checklist" that provides an overview of
visitation (for both her and me) implications, visa application, property,
investments, etc. for the interim period prior to finalizing her divorce and
Thanks in advance for your help.
david ingram replies:
This is an impossible question because everyone is different.
Moving to California is impossible to do without a residential visa of some
If she is a professional, it might be as simple as her applying for a job in
her profession and moving to the US with a TN (Treaty NAFTA visa).  She
would need to be in one of the 63 occupations that qualify for a TN.  You
can find these occupations listed in the middle of "Entering the US: which
you can find in the second box down on the right hand side at
If she has an occupation that is not listed in the TN category but she is in
a senior position, she might be able to go in an H category.  Everyone who
qualifies for a TN qualifies for an H and a lot of others do as well.  If
she is in management with a branch of an American Company, she might be able
to transfer under an "L" category.
Indeed her mother or father might be an American and could sponsor her to
the US under certain circumstances.  The parent should be living in the US.
If she does not qualify, you are going to have to sponsor her as a fiancée
and be married within 90 days of her going to the US or marry her first and
sponsor her as a wife.  If you do that, her paperwork has to be processed in
In the meantime, if a Homeland Security officer on the border discovers that
she has a fiancée in the US and intends to marry and live there, the officer
will not likely allow her to enter the US to visit you on the grounds that
they thin k she will try and stay there.  It is the border person's duty to
keep her out.
She (and you) should put together a "border kit".
This kit would consist of a 3 ring binder containing items like:
*	copies of your last three year's tax returns
*	copy of the lease or ownership papers of your residence
*	copy of your driver's licence
* 	copy of your car registration
*	letter from your employer stating your job and that she / you work there
*	copy of video club memberships
*	copy of club memberships
*	copies of phone bills
*	copies of utility bills
*	copies of Insurance policies
* 	copies of anything that indicates you are intending to return to your
home country in a short period of time.
This is not everything by any means but should be looked at as a minimal
amount of documentation to have.
You should look at the Fiancée petition to get started -
And you should look at the Spouse application as well -
You will have to guarantee support of course: and/or
Get to work!
Answers to this and other similar  questions can be obtained free on Air by
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Note that id your lady were to give up her apartment or house and want to
visit you in the USA, she cannot do so.  To be a visitor to the US, she MUST
have a residence in Canada ready and waiting for her to go and sleep there


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