Canadian marrying American and living abroad for one year

[theworldawaits 0]

Hey there.. been checking out the forums, great resource! I couldn't find the answers to my specific question, so I'll post them below. =)

A summary:

I'm a Canadian madly in love with my longtime Californian girlfriend. The rough plan is to move there, get engaged and get married within six months. At that point, we will leave the US for one year to serve together abroad in Africa. Can I be in the US legally during the time before our marriage (and still make money)..? I am mostly concerned about the January - July 2010 timeframe... but also wondering about VISA implications if we decide to relocate to the United States after being abroad one year. She is a US citizen.

Some details:

I have a small Canadian freelance business.. with Canadian clients who pay me in Canadian dollars. For all intents and purposes, I will be a Canadian resident taking a sabbatical to work/travel abroad for six months (some of which in the US) while continuing my freelance business remotely (and keeping my clients happy while I'm away!).

As I do research, however, I see that this may be a problem (or maybe it's not?). I've read that I can't do freelance work while in the US even if it's for Canadian clients. I will not be spending more than six months in the United States, and I will not be doing any work for a US employer.

Can anybody direct me to a website or law that specifically stipulates that I cannot do Canadian freelance work while in the US?

Alternatively, is there any scenario where I COULD work for my Canadian clients while in the US? If I am approved for a B-1 or TN visa... can I continue to carry on my work with Canadian clients? I may be able to find a flexible job for the TN (since I qualify).. or participate in a voluntary activity to qualify for a B-1 (I have connections through church).

During these six months, I will continue to have a permanent residence in Canada and can also prove I have sufficient funds to stay for six months. Does this make any difference?

I really want to make sure we are above reproach and doing everything according to the US laws. Any advice or suggestions would be greatly appreciated!

Thank you kindly for providing this great resource. I really hope I'm posting this in the right place!

Warm regards,

[warlord 72]

Hey there.. been checking out the forums, great resource! I couldn't find the answers to my specific question, so I'll post them below. =)

A summary:

I'm a Canadian madly in love with my longtime Californian girlfriend. The rough plan is to move there, get engaged and get married within six months. At that point, we will leave the US for one year to serve together abroad in Africa. Can I be in the US legally during the time before our marriage (and still make money)..? I am mostly concerned about the January - July 2010 timeframe... but also wondering about VISA implications if we decide to relocate to the United States after being abroad one year. She is a US citizen.

Some details:

I have a small Canadian freelance business.. with Canadian clients who pay me in Canadian dollars. For all intents and purposes, I will be a Canadian resident taking a sabbatical to work/travel abroad for six months (some of which in the US) while continuing my freelance business remotely (and keeping my clients happy while I'm away!).

As I do research, however, I see that this may be a problem (or maybe it's not?). I've read that I can't do freelance work while in the US even if it's for Canadian clients. I will not be spending more than six months in the United States, and I will not be doing any work for a US employer.

Can anybody direct me to a website or law that specifically stipulates that I cannot do Canadian freelance work while in the US?

Alternatively, is there any scenario where I COULD work for my Canadian clients while in the US? If I am approved for a B-1 or TN visa... can I continue to carry on my work with Canadian clients? I may be able to find a flexible job for the TN (since I qualify).. or participate in a voluntary activity to qualify for a B-1 (I have connections through church).

During these six months, I will continue to have a permanent residence in Canada and can also prove I have sufficient funds to stay for six months. Does this make any difference?

I really want to make sure we are above reproach and doing everything according to the US laws. Any advice or suggestions would be greatly appreciated!

Thank you kindly for providing this great resource. I really hope I'm posting this in the right place!

Warm regards,

You could do that, but you would then have to have her import you when you come back to North America. You will not have any status in the US when you come back. You would have to remain in Canada. Until she can bring you into the US.

You cannot get a TN when you are married. TN is non-immigration intent and you will be denied if you are married already.

You also cannot just come across the border with intent to marry without the proper paper work K-1 visa etc. If you do there's a good chance you would be found out if you lied to the officers and risk a ban.

You need to research how the entire fiance visa works. Just remember if you do go through the process (not sure how long it takes, many on here can tell you a time frame), you will not be allowed to work and live outside of the US for a year without losing all your status. You would have to start all over from the begining.

Best bet is to go right now and do the Africa thing, then when you come back file for the K-1, wait for all that to be completed, then move to the US legally and get married...

[warlord 72]

Hey there.. been checking out the forums, great resource! I couldn't find the answers to my specific question, so I'll post them below. =)

A summary:

I'm a Canadian madly in love with my longtime Californian girlfriend. The rough plan is to move there, get engaged and get married within six months. At that point, we will leave the US for one year to serve together abroad in Africa. Can I be in the US legally during the time before our marriage (and still make money)..? I am mostly concerned about the January - July 2010 timeframe... but also wondering about VISA implications if we decide to relocate to the United States after being abroad one year. She is a US citizen.

Some details:

I have a small Canadian freelance business.. with Canadian clients who pay me in Canadian dollars. For all intents and purposes, I will be a Canadian resident taking a sabbatical to work/travel abroad for six months (some of which in the US) while continuing my freelance business remotely (and keeping my clients happy while I'm away!).

As I do research, however, I see that this may be a problem (or maybe it's not?). I've read that I can't do freelance work while in the US even if it's for Canadian clients. I will not be spending more than six months in the United States, and I will not be doing any work for a US employer.

Can anybody direct me to a website or law that specifically stipulates that I cannot do Canadian freelance work while in the US?

Alternatively, is there any scenario where I COULD work for my Canadian clients while in the US? If I am approved for a B-1 or TN visa... can I continue to carry on my work with Canadian clients? I may be able to find a flexible job for the TN (since I qualify).. or participate in a voluntary activity to qualify for a B-1 (I have connections through church).

During these six months, I will continue to have a permanent residence in Canada and can also prove I have sufficient funds to stay for six months. Does this make any difference?

I really want to make sure we are above reproach and doing everything according to the US laws. Any advice or suggestions would be greatly appreciated!

Thank you kindly for providing this great resource. I really hope I'm posting this in the right place!

Warm regards,

You could do that, but you would then have to have her import you when you come back to North America. You will not have any status in the US when you come back. You would have to remain in Canada. Until she can bring you into the US.

You cannot get a TN when you are married. TN is non-immigration intent and you will be denied if you are married already.

You also cannot just come across the border with intent to marry without the proper paper work K-1 visa etc. If you do there's a good chance you would be found out if you lied to the officers and risk a ban.

You need to research how the entire fiance visa works. Just remember if you do go through the process (not sure how long it takes, many on here can tell you a time frame), you will not be allowed to work and live outside of the US for a year without losing all your status. You would have to start all over from the begining.

Best bet is to go right now and do the Africa thing, then when you come back file for the K-1, wait for all that to be completed, then move to the US legally and get married...

Hey there.. been checking out the forums, great resource! I couldn't find the answers to my specific question, so I'll post them below. =)

A summary:

I'm a Canadian madly in love with my longtime Californian girlfriend. The rough plan is to move there, get engaged and get married within six months. At that point, we will leave the US for one year to serve together abroad in Africa. Can I be in the US legally during the time before our marriage (and still make money)..? I am mostly concerned about the January - July 2010 timeframe... but also wondering about VISA implications if we decide to relocate to the United States after being abroad one year. She is a US citizen.

Some details:

I have a small Canadian freelance business.. with Canadian clients who pay me in Canadian dollars. For all intents and purposes, I will be a Canadian resident taking a sabbatical to work/travel abroad for six months (some of which in the US) while continuing my freelance business remotely (and keeping my clients happy while I'm away!).

As I do research, however, I see that this may be a problem (or maybe it's not?). I've read that I can't do freelance work while in the US even if it's for Canadian clients. I will not be spending more than six months in the United States, and I will not be doing any work for a US employer.

Can anybody direct me to a website or law that specifically stipulates that I cannot do Canadian freelance work while in the US?

Alternatively, is there any scenario where I COULD work for my Canadian clients while in the US? If I am approved for a B-1 or TN visa... can I continue to carry on my work with Canadian clients? I may be able to find a flexible job for the TN (since I qualify).. or participate in a voluntary activity to qualify for a B-1 (I have connections through church).

During these six months, I will continue to have a permanent residence in Canada and can also prove I have sufficient funds to stay for six months. Does this make any difference?

I really want to make sure we are above reproach and doing everything according to the US laws. Any advice or suggestions would be greatly appreciated!

Thank you kindly for providing this great resource. I really hope I'm posting this in the right place!

Warm regards,

You could do that, but you would then have to have her import you when you come back to North America. You will not have any status in the US when you come back. You would have to remain in Canada. Until she can bring you into the US.

You cannot get a TN when you are married. TN is non-immigration intent and you will be denied if you are married already.

You also cannot just come across the border with intent to marry without the proper paper work K-1 visa etc. If you do there's a good chance you would be found out if you lied to the officers and risk a ban.

You need to research how the entire fiance visa works. Just remember if you do go through the process (not sure how long it takes, many on here can tell you a time frame), you will not be allowed to work and live outside of the US for a year without losing all your status. You would have to start all over from the begining.

Best bet is to go right now and do the Africa thing, then when you come back file for the K-1, wait for all that to be completed, then move to the US legally and get married...

Hey there.. been checking out the forums, great resource! I couldn't find the answers to my specific question, so I'll post them below. =)

A summary:

I'm a Canadian madly in love with my longtime Californian girlfriend. The rough plan is to move there, get engaged and get married within six months. At that point, we will leave the US for one year to serve together abroad in Africa. Can I be in the US legally during the time before our marriage (and still make money)..? I am mostly concerned about the January - July 2010 timeframe... but also wondering about VISA implications if we decide to relocate to the United States after being abroad one year. She is a US citizen.

Some details:

I have a small Canadian freelance business.. with Canadian clients who pay me in Canadian dollars. For all intents and purposes, I will be a Canadian resident taking a sabbatical to work/travel abroad for six months (some of which in the US) while continuing my freelance business remotely (and keeping my clients happy while I'm away!).

As I do research, however, I see that this may be a problem (or maybe it's not?). I've read that I can't do freelance work while in the US even if it's for Canadian clients. I will not be spending more than six months in the United States, and I will not be doing any work for a US employer.

Can anybody direct me to a website or law that specifically stipulates that I cannot do Canadian freelance work while in the US?

Alternatively, is there any scenario where I COULD work for my Canadian clients while in the US? If I am approved for a B-1 or TN visa... can I continue to carry on my work with Canadian clients? I may be able to find a flexible job for the TN (since I qualify).. or participate in a voluntary activity to qualify for a B-1 (I have connections through church).

During these six months, I will continue to have a permanent residence in Canada and can also prove I have sufficient funds to stay for six months. Does this make any difference?

I really want to make sure we are above reproach and doing everything according to the US laws. Any advice or suggestions would be greatly appreciated!

Thank you kindly for providing this great resource. I really hope I'm posting this in the right place!

Warm regards,

You could do that, but you would then have to have her import you when you come back to North America. You will not have any status in the US when you come back. You would have to remain in Canada. Until she can bring you into the US.

You cannot get a TN when you are married. TN is non-immigration intent and you will be denied if you are married already.

You also cannot just come across the border with intent to marry without the proper paper work K-1 visa etc. If you do there's a good chance you would be found out if you lied to the officers and risk a ban.

You need to research how the entire fiance visa works. Just remember if you do go through the process (not sure how long it takes, many on here can tell you a time frame), you will not be allowed to work and live outside of the US for a year without losing all your status. You would have to start all over from the begining.

Best bet is to go right now and do the Africa thing, then when you come back file for the K-1, wait for all that to be completed, then move to the US legally and get married...

[trailmix 77]

Hi and welcome,

The rough plan is to move there, get engaged and get married within six months. At that point, we will leave the US for one year to serve together abroad in Africa. Can I be in the US legally during the time before our marriage (and still make money)..? I am mostly concerned about the January - July 2010 timeframe... but also wondering about VISA implications if we decide to relocate to the United States after being abroad one year. She is a US citizen.

There shouldn't be any problem with your telecommuting while visiting the U.S. - visiting being the key word. Your main concern with this plan should be getting over the border without being turned back.

Although Canadians can stay in the U.S. for up to 180 days per entry - that is in no way guaranteed. If you went to cross the border today and told them your plan - that would probably be a 100% guarantee of denial of entry.

There is a very fine line between 'visiting' and 'residing' - the U.S. does not want you residing there without the proper visa. Therefore, when you arrive at the border you need to prove strong ties to a country of residence that is not the U.S. - based on what you are saying, doesn't look like you have that proof.

As for your second question. We don't have enough details to answer really. Could you possibly apply and interview at a local embassy or consulate near where you will be living in Africa? Maybe, depends where you are living. Different consulates abroad have different residency requirements for filing locally.

Alternately you could apply by mailing your application to USCIS in the U.S., possibly interview in Africa. Or were you intending to return to Canada and file from there? Bottom line, you can't just move to the U.S. after your trip to Africa, without applying for a visa.

Edited December 16, 2009 by trailmix

[theworldawaits 0]

You could do that, but you would then have to have her import you when you come back to North America. You will not have any status in the US when you come back. You would have to remain in Canada. Until she can bring you into the US.

You cannot get a TN when you are married. TN is non-immigration intent and you will be denied if you are married already.

You also cannot just come across the border with intent to marry without the proper paper work K-1 visa etc. If you do there's a good chance you would be found out if you lied to the officers and risk a ban.

You need to research how the entire fiance visa works. Just remember if you do go through the process (not sure how long it takes, many on here can tell you a time frame), you will not be allowed to work and live outside of the US for a year without losing all your status. You would have to start all over from the begining.

Best bet is to go right now and do the Africa thing, then when you come back file for the K-1, wait for all that to be completed, then move to the US legally and get married...

You bring up a lot of great points. Thanks for responding. Let me attempt to navigate through them...

Doing the Africa thing is not a possibility until we are married. We will not travel or live together until we're in wedlock. This is our personal conviction so it's really important that we're married before we begin our life/travels together.

For all intents and purposes.. I wouldn't be lying at the border because I have no idea if I'm really going to get married in July. I haven't even popped the question yet! (shh). I am hoping to get engaged in February. That is the first step of action. I was hoping to stay there as a visitor if she says YES and we need to figure out marriage plans - but I'm open to going back to Canada if I need to. I just want to this right and make sure we are doing everything honestly and according to the laws of the land.

Would it be better if I got a TN VISA before going down there to pop the question? I qualify and could probably get one if needed.

Can you get married before the K-1 goes through? I'm not down with this 6-9 month engagement length...

BIG question: How can I visit the United States, pop the question, and get married within six months. I don't need to get a VISA right away - but I want to make sure I don't do anything wrong and ban myself from getting one in the future. She is also open to working in Canada if it's easier to get a VISA up here (after we return from Africa).

This stuff is so complicated... what ever happened to falling in love and walking into the sunset together happily ever after..?? =P

[theworldawaits 0]

Hi and welcome,

The rough plan is to move there, get engaged and get married within six months. At that point, we will leave the US for one year to serve together abroad in Africa. Can I be in the US legally during the time before our marriage (and still make money)..? I am mostly concerned about the January - July 2010 timeframe... but also wondering about VISA implications if we decide to relocate to the United States after being abroad one year. She is a US citizen.

There shouldn't be any problem with your telecommuting while visiting the U.S. - visiting being the key word. Your main concern with this plan should be getting over the border without being turned back.

Although Canadians can stay in the U.S. for up to 180 days per entry - that is in no way guaranteed. If you went to cross the border today and told them your plan - that would probably be a 100% guarantee of denial of entry.

There is a very fine line between 'visiting' and 'residing' - the U.S. does not want you residing there without the proper visa. Therefore, when you arrive at the border you need to prove strong ties to a country of residence that is not the U.S. - based on what you are saying, doesn't look like you have that proof.

As for your second question. We don't have enough details to answer really. Could you possibly apply and interview at a local embassy or consulate near where you will be living in Africa? Maybe, depends where you are living. Different consulates abroad have different residency requirements for filing locally.

Alternately you could apply by mailing your application to USCIS in the U.S., possibly interview in Africa. Or were you intending to return to Canada and file from there? Bottom line, you can't just move to the U.S. after your trip to Africa, without applying for a visa.

You guys are awesome... thanks so much for helping me try to figure this out.

I used to live in Nairobi, Kenya.. and we will probably spend a significant amount of time there. I am familiar with the US consulate and could definitely look into applying (or interviewing) there. We are also open to coming back to Canada for awhile and applying for a VISA. We are both young, flexible and willing to do whatever legwork is necessary. We will have some obstacles, no doubt... but I'm confident that we can make it work. We just want to make sure we do everything right, and legally.

If I went to the US in January as a visitor.. proposed.. left and came back (will need to go to Mexico in May).. and then got married and left the country together (staying within my 180 day limit).. is there any issue there?? We will do all our filings/applications while we are abroad together. This seems to make sense, but I really want to make sure I'm not overlooking any key issues.

~

As for the short-term plan.. I have a permanent mailing address in Canada, Canadian bank account, Canadian clients and can even get an official letter from my big client (largest bank in Canada) about our business relationship. I hope I can easily prove my ties to Canada through these things. I will not be 'residing' in the US... it is more of a vacation, while occasionally meeting the requests of client's back home. I spoke to the CBR at Pearson Airport today and they said it shouldn't be a problem. Hope I get the same guy before my flight!

Thanks so much for engaging in the conversation.. your input is much appreciated!

[trailmix 77]

Ok well hopefully that solves the border issue.

Warlord knows more about TN visas, but since you are only going to visit, why would you bother to apply for one.

The K1 is a fiance(e) visa, if you get married before it is finished - you void it.

How you can do what you plan is how you outlined above.

Go to visit the U.S. >>>> assuming the answer is yes, get married >>>> go to Africa - either apply for a U.S. CR1 visa there or mail it in to USCIS in the U.S. and proceed to either be interviewed in Africa or Canada - depending on length of time to process (ie: where you will be when your interview date arrives).

Oh and the issue with going to visit Mexico - again, you might have an issue reentering the U.S. - will you have an ongoing ticket to Canada? Again, how will you prove you aren't taking up residence there.

Your border crossings concern me, even if they don't concern you

Edited December 16, 2009 by trailmix

[theworldawaits 0]

Sounds like a plan! So no issues with getting engaged/married while there as a visitor? As long as we leave the country and apply for VISA while both out of the country?

[trailmix 77]

Sounds like a plan! So no issues with getting engaged/married while there as a visitor? As long as we leave the country and apply for VISA while both out of the country?

No issues at all. In fact you could apply for a CR1 visa while you are still in the U.S. - no law against that! You just can't interview or have your medical done there.

[canadian_wife 1,791]

For a TN visa, you'll have to have a job offer with a US company for work to be done in the US. You cannot work for a Canadian company or just Canadian clients and be on a TN visa.

Good luck, Trailmix, as always, has given you sound advice

[theworldawaits 0]

Thank you everyone for taking the time to answer my questions. This information will prove invaluable as I move forward. Thanks!

[warlord 72]

Thank you everyone for taking the time to answer my questions. This information will prove invaluable as I move forward. Thanks!

Yeah definatly no problem getting married and leaving to Africa and filing all the paper work from there at all. It's just you wouldn't be able to come into the US to visit with your wife if you did during that time. So until you get the proper forms you would just have to stay in Kenya or visit Canada (as I don't think there would be any issues there).

The TN status being a non-immigrant status, you theoretically could get a US company to hire you, fill out the paper work and come across on a TN status, it's just that if they find any hint about the marriage possibility or anything like that, then they would deny you on grounds that you possibily have immigrant intent. So you'd just have to be really careful with that.

Then if you got in with the TN status you could then get married, this is then where you would be at the cross roads, you would either then leave the US to Africa and file from there, or you could file AOS from within the US. However, this would make going to Africa impossible for the duration and nature that you are doing. Travelling is ok, living and working abroad is not (in order to maintain US residency) and you could face a deportation and loss of your green card etc.

Seems like the last part though isn't what you were intending to do anyways, so I won't go on about that...

[Kathryn41 3,205]

Duplicate thread with the same information removed. It is not necessary to make more than one thread on the same topic .

[theworldawaits 0]

Duplicate thread with the same information removed. It is not necessary to make more than one thread on the same topic .

I'm sorry, I didn't know how to delete the other one (it was apparently in the wrong forum).

Please feel free to delete the other one, this one has some great gems of wisdom in it!

Thanks again everyone for all your help.

[warlord 72]

Duplicate thread with the same information removed. It is not necessary to make more than one thread on the same topic .

I'm sorry, I didn't know how to delete the other one (it was apparently in the wrong forum).

Please feel free to delete the other one, this one has some great gems of wisdom in it!

Thanks again everyone for all your help.

Plus they had a glitch yesterday on the website so like our poster, it ended up posting 3 of my comments which were the same too before the site crashed and told me nothing go posted...