My daughter married a Canadian citizen a year and a half ago, and they began the process of applying for permanent residence status for him so that he can live and work in the US. The Covid pandemic has put the face-to-face interview on hold, and the government doesn't seem interested in relaxing that requirement so his green card is delayed indefinitely.
They both have passports, and with the marriage certificate have been able to cross the border to see each other periodically. However, the conventional wisdom they are adhering to is that he cannot apply for work in the US, and cannot stay longer than 6 months at a time, so they are choosing to live apart for now. (They are both living with parents and would probably need to combine incomes to maintain a comfortable standard of living)
I wanted to help them consider options that just might allow for an interim solution to their woes. A quick search turned up that a K1 visa is available for Fiancés of US citizens that would allow one to work. It also shows several other different categories of temporary work visas available.
I am looking for work myself now, so I am getting pretty familiar with the type of questions employers ask. If “US Person” status is not required they often ask if sponsorship is required to work. When my son in law first applied my daughter was a full time student and didn’t have the income required to sponsor him. Therefore, I agreed to be his sponsor.
I plan to continue researching, but was hoping that someone with more experience might have a suggestion that could point us in the right direction. Along those lines I have a few questions regarding the best, (fastest...) path forward so that they can move in and start a life together:
Is the K1 visa even an option now, or are they beyond that point already? If not, is there another visa type available for spouses short of a green card?
Is there anything legally preventing him from applying for, and accepting a job in the US right now?
a. Might a written job offer give him to the status needed to obtain the required work visa to actually start working?
b. Can he legally answer that he does not require a sponsor because I am his sponsor?Even if he is unable to find work, surely as the spouse of a US citizen he ought to be able to stay in the US for longer than six months pending final approval of permanent residence status. Is this not the case?