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SH1983

Living in USA Working in Canada

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I am a Canadian citizen. About to marry my American boyfriend. Once I get all my papers to live over there is it possible for me to live in the U.S.A and still work for the Canadian government and commute back and forth?

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First, you won't be a US citizen when you marry your American boyfriend, so it's better to post your question in the CR-1/IR-1 forum or the Canadian regional forum because you'll get more traffic and therefore more answers. Second, if you're going to take up residence in the US, you'll have to apply for a CR-1 visa and that process will take about 9 months after you're married. Third, does your job require that you reside in Canada? You can't be a resident of both the US and Canada at the same time, unfortunately; you've gotta pick one.

Edited by alizon

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Filed: Country: Netherlands
Timeline

I am a Canadian citizen. About to marry my American boyfriend. Once I get all my papers to live over there is it possible for me to live in the U.S.A and still work for the Canadian government and commute back and forth?

To answer your question. There is no restriction to live in one country and work in the other. However, while on adjustment of status (AOS) you won't be able to use the VISA waiver program to enter the US. So you will have to prepare yourself for some telecommuting.


N-400 application timeline

02-22-2012-- (00): documents sent

02-23-2012-- (01): NOA date

02-27-2012-- (05): check cashed

03-02-2012-- (09): bio appointment notice sent, bio date 03-15 (23)

03-05-2012-- (12): bio notice received

03-06-2012-- (13): early bio

03-12-2012-- (19): in line for interview scheduling

03-21-2012-- (28): scheduled for interview

03-28-2012-- (35): interview notice received

05-02-2012-- (70): interview. Rec. for Approval!

05-16-2012-- (84): in line for oath scheduling

06-19-2012-(118): scheduled for oath

06-21-2012-(120): oath letter received

07-06-2012-(135): oath

Passport application timeline

07-10-2012-- (00): application sent (card+book/routine service)

07-17-2012-- (07): application status online

07-26-2012-- (16): application on hold (name too long)

07-28-2012-- (18): RFI Tucson passport center (proposed shortened name) letter received

07-30-2012-- (20): reply sent to Tucson passport center

08-18-2012-- (39): passport book received

08-21-2012-- (42): passport card received

08-21-2012-- (42): CON received

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To answer your question. There is no restriction to live in one country and work in the other. However, while on adjustment of status (AOS) you won't be able to use the VISA waiver program to enter the US. So you will have to prepare yourself for some telecommuting.

This isn't quite accurate for two reasons: It sounds like she is planning to get married first and get a spousal visa rather than doing the K-1 path (since she says she's just about to marry him). If she goes for a CR-1 visa, then there will be no AOS period. She will be permitted to work as soon as she is approved for her visa and crosses the border. Second, Canada doesn't participate in the Visa Waiver Program. Instead, Canadian citizens are simply exempt from any visa requirements if they are just visiting. If she is going either the CR-1 or K-1 path and wishes to visit the US, she will be allowed as long as she proves significant ties in Canada (job, property, etc.).

I think the fact that you work for the Canadian government could very well mean that there are some restrictions on where you must be a resident. This is something you'll have to check with your employer, not something we can answer.

Edited by alizon

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Filed: Country: Netherlands
Timeline

First, you won't be a US citizen when you marry your American boyfriend, so it's better to post your question in the CR-1/IR-1 forum or the Canadian regional forum because you'll get more traffic and therefore more answers. Second, if you're going to take up residence in the US, you'll have to apply for a CR-1 visa and that process will take about 9 months after you're married. Third, does your job require that you reside in Canada? You can't be a resident of both the US and Canada at the same time, unfortunately; you've gotta pick one.

trips are considered trips if more than 24 hours is what I gather from the paperwork so assuming SH1983 goes to Canada in the morning and come back in the evenening it wouldn't count as a day of absence from the US right?


N-400 application timeline

02-22-2012-- (00): documents sent

02-23-2012-- (01): NOA date

02-27-2012-- (05): check cashed

03-02-2012-- (09): bio appointment notice sent, bio date 03-15 (23)

03-05-2012-- (12): bio notice received

03-06-2012-- (13): early bio

03-12-2012-- (19): in line for interview scheduling

03-21-2012-- (28): scheduled for interview

03-28-2012-- (35): interview notice received

05-02-2012-- (70): interview. Rec. for Approval!

05-16-2012-- (84): in line for oath scheduling

06-19-2012-(118): scheduled for oath

06-21-2012-(120): oath letter received

07-06-2012-(135): oath

Passport application timeline

07-10-2012-- (00): application sent (card+book/routine service)

07-17-2012-- (07): application status online

07-26-2012-- (16): application on hold (name too long)

07-28-2012-- (18): RFI Tucson passport center (proposed shortened name) letter received

07-30-2012-- (20): reply sent to Tucson passport center

08-18-2012-- (39): passport book received

08-21-2012-- (42): passport card received

08-21-2012-- (42): CON received

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trips are considered trips if more than 24 hours is what I gather from the paperwork so assuming SH1983 goes to Canada in the morning and come back in the evenening it wouldn't count as a day of absence from the US right?

Sounds right, but I'm not sure how that affects anything here. She wants to become a permanent resident (i.e. live) in the US and work for the Canadian government. Working for a government is not the same as working for any old private company that doesn't care where you live. Since we don't know the rules of her employment, we can't determine whether she will be allowed to continue working for the Canadian government while being a resident of another country. She can't be a resident of BOTH Canada and the US, so if the Canadian government requires that she is a resident of Canada while she works for them, then she'll have to choose between US permanent residency and her job.

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