Canadian Fiance going to remain working in Canada

[Happy2gether 1]

Hi There...a newbie here and just trying to get a handle on this upcoming challenge. If I have posted in the wrong area, kindly move if necessary...thank you.

Does anyone know how this would work. My Canadian Fiance, works in Canada and will keep working in Canada after we are married. He will just come here for 2 weeks at a time, then fly back up for work for 2 weeks. I own about 50% of my house, however I am a homemaker (my youngest child has a disability and her dad pays alimony...I do not have an outside job). He does not need a green card. From what I read, I am confused about how our situation will work. Any direction or pointers will be gratefully appreciated.

Thank you in advance...

[trailmix 77]

Hi and welcome,

Here is the thing. There is nothing wrong with him visiting, however, as you stated, he will be staying in the U.S. 50% of the time. If he is seen, by the border personnel, to be taking up residence in the U.S. without the proper visa - at some point they are going to deny him entry.

Generally the advice here is to always bring strong proof of ties to Canada. Letter from employer, lease or mortgage papers, utility bill, that kind of thing - stuff that says hey - I live in Canada and I am not trying to immigrate to the U.S.

This one is really up to the two of you. Do you apply for his permanent residency in the U.S. with him working in Canada still (which in theory can be done) - or you do you just hope that he doesn't get denied entry on a visit. Nothing wrong with being denied entry, as long as he is honest with them about where he is going and why - however after being denied once there is a higher chance of him being pulled in for secondary questioning every time he visits and of being denied entry again.

[Happy2gether 1]

Hi and Thanks!

He spends less than 50% of his time here in the states, due to travel times it is actually about 10 days here and 20 days in Canada. He is gainfully employed and has an apartment in Canada where he works.

Here is the thing, we WANT to get married and both of us want to do things appropriately...and at the same time we can not seem to find the correct process for him to be able to get a proper visa that allows him to return to Canada regularly to work. Your comment "Do you apply for his permanent residency in the U.S. with him working in Canada still (which in theory can be done) -" is us exactly...but how do we get this accomplished. Any ideas? I would think that he is gainfully employed in Canada is an asset but it seems that it presents a challenge.

Again, thank you for your time and replies I am very appreciative. Who knew love could be so complicated!

[Darnell 8,478]

He __WILL__ need a green card, at some point.

Suggest you study up at http://www.visajourney.com/content/k1k3aos

However, if you've not filed the I-129f at all, yet -

suggest you marry in USA or Canada, then file the I-130 (see http://www.visajourney.com/content/i130guide1 )

IMO, 'going the married route with an I-130' has no 'issues' after first POE with a CR-1 visa.

a K-1 visa holder, OTOH, will have issues after first POE with a K-1 visa - ie - that 2nd entry attempt will be viewed as abandonment of any AOS status.

Edited May 29, 2010 by Darnell

[Happy2gether 1]

Thank you, I will study the link you offered. We were reading up on it and came to the same (or similar conclusion). Obviously, our primary concern is that he be allowed to return for work and then return back here for time with us

I appreciate all input...thank you very much. This is an amazingly helpful forum

[trailmix 77]

Yes, I agree with Darnell. A CR1 visa (Conditional Resident) visa is what you should apply for. So:

- First get married

- Send the I-130 petition and G-325A biograpic info to USCIS

- Once the petition is approved, it's off to the National Visa Center where you will submit the I-864 (affidavit of support) and DS-230.

- Once done with NVC you will receive notification that he has an interviewed scheduled in Montreal. At this point he can have the medical at one of the panel physicians (Vancouver, Montreal or Toronto) then he attends the interview.

- If the visa is granted he will present this at the border the next time he enters and will become a U.S. PR at that point.

Timeframe from start to finish is around 10-12 months.

Good luck!

[pushbrk 12,157]

Yes, I agree with Darnell. A CR1 visa (Conditional Resident) visa is what you should apply for. So:

- First get married

- Send the I-130 petition and G-325A biograpic info to USCIS

- Once the petition is approved, it's off to the National Visa Center where you will submit the I-864 (affidavit of support) and DS-230.

- Once done with NVC you will receive notification that he has an interviewed scheduled in Montreal. At this point he can have the medical at one of the panel physicians (Vancouver, Montreal or Toronto) then he attends the interview.

- If the visa is granted he will present this at the border the next time he enters and will become a U.S. PR at that point.

Timeframe from start to finish is around 10-12 months.

Good luck!

Since we are dealing with a US Citizen, she will not be applying for a CR1 visa. She would file a petition, which when approved will allow her then spouse to apply for a visa. Once that visa is in hand and first used, her husband will need to maintain his permanent resident status. See http://tinyurl.com/yet8jyo

Consider carefully the timing of both petition filing, visa interview and first US entry with the visa. It sounds as if continued employment in Canada is indefinite. If so, there is always the risk a CBP officer could deem permanent resident status as abandoned, though it is fairly unlikely, IMO.

As an aside, this is a perfect application for the no longer available K3 visa.

[Happy2gether 1]

Hmm...lots to look at. It is odd that him being gainfully employed (in Canada) would be such an issue. Again, all input is appreciated. We have time, not necessarily rushing to get married today and we want to be sure we have the paperwork and materials ready for the eventuality. Let me rephrase that...we WOULD get married today but wanted to be sure we were informed about the implications and what might effect his ability to visit up regularly, I hope that makes sense. He will likely make less money down here...which is why he would not want to work down here. Not to sound overly money conscious...but you know...it helps to be able to have a good life

Edited May 29, 2010 by Happy2gether

[pushbrk 12,157]

Hmm...lots to look at. It is odd that him being gainfully employed (in Canada) would be such an issue. Again, all input is appreciated. We have time, not necessarily rushing to get married today and we want to be sure we have the paperwork and materials ready for the eventuality. Let me rephrase that...we WOULD get married today but wanted to be sure we were informed about the implications and what might effect his ability to visit up regularly, I hope that makes sense. He will likely make less money down here...which is why he would not want to work down here. Not to sound overly money conscious...but you know...it helps to be able to have a good life

Sounds like you have no reason to rush any decisions or immigration action. The problem with his gainful employment in Canada, is that with an Immigrant Spouse Visa, the foreign spouse "immigrates" to the USA and becomes a permanent resident. Sounds like you can arrange for him to "reside" in the USA and have a "temporary" long term place to "stay" when he's working abroad. If he's coming in and out several times a year from Canada it is technically possible but highly unlikely any CBP officer will deem his residence in the US as abandoned.

[Happy2gether 1]

Yes, I agree with Darnell. A CR1 visa (Conditional Resident) visa is what you should apply for. So:

- First get married

- Send the I-130 petition and G-325A biograpic info to USCIS

- Once the petition is approved, it's off to the National Visa Center where you will submit the I-864 (affidavit of support) and DS-230.

- Once done with NVC you will receive notification that he has an interviewed scheduled in Montreal. At this point he can have the medical at one of the panel physicians (Vancouver, Montreal or Toronto) then he attends the interview.

- If the visa is granted he will present this at the border the next time he enters and will become a U.S. PR at that point.

Timeframe from start to finish is around 10-12 months.

Good luck!

Forgive my ignorance, are all the interviews done in Montreal? He lives in BC...would the interview be able to be conducted in Vancouver BC? Again, I have not done all my research...obviously.

[trailmix 77]

Since we are dealing with a US Citizen, she will not be applying for a CR1 visa. She would file a petition, which when approved will allow her then spouse to apply for a visa. Once that visa is in hand and first used, her husband will need to maintain his permanent resident status. See http://tinyurl.com/yet8jyo

Ok now it's getting annoying lol

When I said 'you' I meant the royal 'you' as in you as a couple - the soon to be Husband and Wife. Generally folks do this stuff together.

I did mention the steps required to getting said visa - I am sure it was very clear. I guess you assume that everyone is too dim to figure this out if we just use regular old English. By you hijacking each thread that dares to say "you can apply for <whichever> visa" you make each thread kind of a hostile environment, especially for new people. So, I suggest that you lay off a bit, so that we can at least maintain some kind of a friendly atmosphere in these forums.

Push, this is a visa forum, not a court of law.

Happy2gether - all CR1/IR1 visa interviews are done in Montreal, that is correct.

Edited May 29, 2010 by trailmix

[Happy2gether 1]

Thanks...I mistakenly thought that the U.S. Consulates office in Vancouver might be the location of the interview. Hmm...that is an expense we did not consider (expensive flight from Northern BC...much more expensive that coming to the US). Good to compile knowledge now than be ambushed with it later!

Much appreciative of the info...heartfelt thanks!!

[pushbrk 12,157]

Ok now it's getting annoying lol

When I said 'you' I meant the royal 'you' as in you as a couple - the soon to be Husband and Wife. Generally folks do this stuff together.

I did mention the steps required to getting said visa - I am sure it was very clear. I guess you assume that everyone is too dim to figure this out if we just use regular old English. By you hijacking each thread that dares to say "you can apply for <whichever> visa" you make each thread kind of a hostile environment, especially for new people. So, I suggest that you lay off a bit, so that we can at least maintain some kind of a friendly atmosphere in these forums.

Push, this is a visa forum, not a court of law.

Happy2gether - all CR1/IR1 visa interviews are done in Montreal, that is correct.

Objection noted. Please note also that refraining from language that can confuse people about the difference between filing a petition and applying for a visa would remove the need for clarification. "Couples" do not apply for a visa in this context. They embark on an immigration process together, to be sure. Avoiding confusing language requires an effort to do so. I suggest an intention to be clear is far more important than the lack of intention to confuse.

[Happy2gether 1]

lol I understood that it was you meaning "you both" as in US ...and yes...we will do this together ...that made me chuckle

[Gary and Alla 3,694]

Hi There...a newbie here and just trying to get a handle on this upcoming challenge. If I have posted in the wrong area, kindly move if necessary...thank you.

Does anyone know how this would work. My Canadian Fiance, works in Canada and will keep working in Canada after we are married. He will just come here for 2 weeks at a time, then fly back up for work for 2 weeks. I own about 50% of my house, however I am a homemaker (my youngest child has a disability and her dad pays alimony...I do not have an outside job). He does not need a green card. From what I read, I am confused about how our situation will work. Any direction or pointers will be gratefully appreciated.

Thank you in advance...

He does not need a green card to work in Canada and he does not need a green card to travel back and forth. He MUSt maintain a residence in Canada and he must be prepared to show this when he enters, each time he enters.

I live in a border area, many of my neighbors are Canadians who work in Canada and have Canadian license plates on their cars. Some have Vermont license plates. Vermont will gladly accept Canadian $$$ for car registration.

I would think at some point he may WANT permanent residency and a path to (dual) citizenship. Why not? If I were engaged to a Canadian I would NEVER, EVER consider, even for one minute, a K-1 visa. Marry him when he comes to visit, or go there and get married and then file for a CR-1. The K-1 is just a horrible choice for you. He can visit all he wants while you wait for the visa to be approved, just bring evidence he will return. My neighbors cross the border EVERY DAY TWO TIMES and do not report problems, I cross the border (each way) 2-3 times per week. Montreal is the closest "city" to us, if it were a US city we would be considered south suburbs.