Canadian Boyfriend wanting to move to USA

[debkwi 0]

My boyfriend and I met online and are talking about engagement and eventual marriage. We are "engaged" via a social network site, but have not formalized this in person yet. We met in May 2009, began dating online in Oct. 2009 and engaged online by the end of October. We met in person for 5 days in November 2009 when he traveled to visit me in the United States. We met again for 5 days over the New Years holiday. And most recently we met at my home for 11 days in late January. We love each other and would like to consider living together prior to our formal engagement and subsequent marriage, but we do not know where to begin with the immigration process. We want to do things properly to ensure a long and happy future together.

Originally, we were planning for me to move up there so he can be near his son. However, he's since lost his position and is unemployed. He may be losing or forced to sell his home, so recently we began discussing the possibility of him moving to the US to live with me and look for employment here.

Where do I begin to research how to best handle this? What permissions need to be obtained and forms filed? Any suggestions on how to handle this, whether we should start with a longer "visit" (6 months) and the forms needed to approve that -- or whether we should continue with the shorter visits until we can formalize our engagement. HELP!

[canadian_wife 1,831]

http://www.visajourney.com/forums/index.ph...mp;page=k1guide

Here are the guides for filing the K-1 fiance visa

However, that doesn't seem to be your question. You seem to be seeking advice on how to proceed with your fiance without applying for the visa (6 month visa vs. several shorter visits)

Spending more 'in person' time with your fiance is never a bad thing. This way you can get to know each other as people, not as images on the other end of a computer.

Canadians do not need a visa to visit for up to 6 months at a time. To do this, you simply plan a trip. However, if your fiance gets asked his proof of ties to Canada, what can he show? A job? A lease/mortgage? A letter from his son's mother will be good with an expected return date.

I do not suggest filing for a K-1 visa then seeing how it goes. The K-1 is for couples who are committed to living in American and marrying. Your comment of "would like to consider living together prior to our formal engagement " suggests you are not at the filing stage yet

Good luck.

[Duders 0]

Canadians do not need a visa to visit for up to 6 months at a time. To do this, you simply plan a trip.

Are you serious?? Canadian don't need a visitors visa or something? Where can I read up on this??

[VanessaTony 3,567]

Are you serious?? Canadian don't need a visitors visa or something? Where can I read up on this??

It's true, and the same applies for Americans. Here's the US visiting Canada info ---

Here's the info: http://travel.state.gov/travel/cis_pa_tw/cis/cis_1082.html it's about halfway down the page, search for "up to 180 days" to find this section...

"A visa is not required for U.S. citizens to visit Canada for up to 180 days. Anyone seeking to enter Canada for any purpose other than a visit (e.g. to work, study or immigrate) must qualify for the appropriate entry status, and should contact the Canadian Embassy or nearest consulate and consult the Canadian immigration website."

Here's the info for Canadians to US: http://www.consular.canada.usembassy.gov/canadians.asp , search for "six months" to find this section...

"Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry. Requests by any foreigner to extend or adjust a stay must be made prior to expiry to the U.S. Citizenship and Immigration Service."

Hope that helps

[canadian_wife 1,831]

Thanks Vanessa&Tony

Duders - we are not entitled to a 6 month visit, it means we are able to stay for up to 6 months at a time. Denial of entries and limited stays are possible

Good luck.

[Carlawarla 1]

Are you serious?? Canadian don't need a visitors visa or something? Where can I read up on this??

If he's unemployed, he's going to have a harder time getting across the border, particularly for a six month visit.

Here are some links that you'll want to read up on:

Canada Forum on VJ here: http://www.visajourney.com/forums/index.php?showforum=93

Canada Wiki Guide: http://www.visajourney.com/wiki/index.php/Canada

Second post in, valuable links regarding Canadians visiting and moving to the U.S.: http://www.visajourney.com/forums/index.php?showtopic=191858

Please read the posting about documentation needed for a successful border crossing.

All the best!

Edited February 17, 2010 by Carlawarla

[debkwi 0]

Thank you all so much for your suggestions to date. You all have provided very helpful advice. Obviously while he's here on a visit, he will need to look for employment. While he will have sufficient funds to support himself during this time from the sale of his home, employment is necessary. (At least this is my viewpoint.) Although a K1 may not be appropriate at this time because of my cautious nature on not jumping into an engagement, is there some other legal requirement that we should address so that while he is here, he can legally seek employment and possible citizenship (maintaining dual citizenship in Canada as well).

[john_and_marlene 162]

Thank you all so much for your suggestions to date. You all have provided very helpful advice. Obviously while he's here on a visit, he will need to look for employment. While he will have sufficient funds to support himself during this time from the sale of his home, employment is necessary. (At least this is my viewpoint.) Although a K1 may not be appropriate at this time because of my cautious nature on not jumping into an engagement, is there some other legal requirement that we should address so that while he is here, he can legally seek employment and possible citizenship (maintaining dual citizenship in Canada as well).

He is not allowed to work in the U.S. as a visitor.

[canadian_wife 1,831]

He can look for work, but he cannot work. If he comes in to visit, that is what he must do. Visit.

I also don't understand how you intend for him to legally seek citizenship. Citizenship through naturalization is awarded to those who have been LPRs for 5 years typically or 3 years if their residency was acquired through marriage to a USC

Coming in as a visitor, he cannot seek naturalization.

[debkwi 0]

Again, very helpful information John & Marlene and Canadian_wife. Thank you. As you can see, I know nothing about how all this works - so your comments are extremely helpful and appreciated. I'm not sure I understand the LPR acronym, but am guessing that USC means US citizen. Thank you again for your kind help.

[canadian_wife 1,831]

Citizenship is acquired a multitude of ways. Most commonly birth right, being born in America or being born to US citizen parents.

Then comes naturalization after being an LPR for a number of years

LPR = Legal Permenant Resident (ie green card). This is gained a few ways. You can have an employer petition for a work visa for you then you can apply for a work based green card. Alternatively you can get a spousal visa which allows your spouse to enter the US as a permenant resident (like I, and many other spouses here did). There is also the K-1 visa which allows your fiance to enter the US, marry and then adjust status to an LPR.

There is also the green card lottery.

As I stated in my previous post, if you have your green card for 5 years (ie through a work based green card or winning the green card lottery) you can then apply to naturalize to a US citizen. This gets lowered to 3 if you got your green card through your spouse.

These are the most common ways, not all the ways. I suggest you begin reading and familarize yourself with the processes and find the one that fits your lifestyle - don't try and fit your lifestyle to a visa

Good luck.