Working in Canada, while living in USA

[Faust942 4]

I'm sure its somewhere on this site, someone like myself with my same question.

Anyway, need an answer;

I live in Canada and plan to move in with my girlfriend (US citizen). I understand we would need to get married to get the best start on the move in.

My question: I am working in Canada daily. My girlfriend wants me to move into her home this summer. I understand that Canadians can visit the US for up to 6 months at a time. I'd be crossing the border daily to get to work, while "living" in her house.

Is this possible without complications?

[Pitaya 2,576]

~duplicate thread removed~

[PallasAthena 101]

This summer, not gonna happen. The quickest way would be for her to file an I-129F for your K-1 (fiancé) visa. From start to finish that takes about 6 - 8 months.

You can't live as a tourist in the US and commute back and forth across the Canadian border every day.

[aaron2020 11,651]

Hi,

It's not possible. You would be committing immigration fraud by living in the US without authorization.

There is absolutely no way for you to legally live in the US this summer.

With daily trips across the border, CBP can deny you entry.

There is a correct and legal way to do this. Your current plan is not legal.

Since you want to travel across the border and keep your job, do not go for a K-1 fiancée visa which "traps" you in the US until you get your AP when filing for a green card.

My suggestion - get marry NOW. File for the spousal visa. You can visit the US (but not daily) until you get an immigrant visa. In 9-18 months, you can come and legally live here.

Sorry, but many Americans think it is easy and quick to bring a spouse to the US. They make their plans for their spouses to come live in the US and then they actually do the research and their plans goes to pot.

Best of luck to ya.

[aaron2020 11,651]

This summer, not gonna happen. The quickest way would be for her to file an I-129F for your K-1 (fiancé) visa. From start to finish that takes about 6 - 8 months.

You can't live as a tourist in the US and commute back and forth across the Canadian border every day.

K-1 will not work if he wants to keep his job in CA.

It would take 2-3 months to get his AP after marriage and filing for AOS.

First day that he commutes to work without AP, he will abandon his AOS.

[JohnR! 5,495]

I'm sure its somewhere on this site, someone like myself with my same question.

Anyway, need an answer;

I live in Canada and plan to move in with my girlfriend (US citizen). I understand we would need to get married to get the best start on the move in.

My question: I am working in Canada daily. My girlfriend wants me to move into her home this summer. I understand that Canadians can visit the US for up to 6 months at a time. I'd be crossing the border daily to get to work, while "living" in her house.

Is this possible without complications?

You are correct that the best start would be for you to get married, but that will not give you automatic permission to live in the US. There is paperwork involved and it take you close to a year to get your resident visa.

You could go the route of a K-1 visa - with which you could enter the US to get married and live permanently - but your would not be able to leave the country for at least 4-5 months once you arrive.

If you must or want to keep your job in Canada, the best option is to get married and apply for a resident visa - CR/IR - with which you would be able to leave the US immediately after you become a resident, i.e. no 4-5 month wait.

On both instances above you will be able to enter the US and visit your fiancee/spouse but you will not be able to do so on a daily basis. In theory what you propose is not against the law, for there are no restrictions as to how many times a Canadian can cross the border into the US, however if you do it daily, the CBP officer may deny you entry on the suspicion you are in fact trying to circumvent US immigration laws. The same would be the case with the Canadian authorities if your fiancee/spouse logged daily entries into Canada for a period of time.

I hope this helps. Good luck!

[aaron2020 11,651]

You are correct that the best start would be for you to get married, but that will not give you automatic permission to live in the US. There is paperwork involved and it take you close to a year to get your resident visa.

You could go the route of a K-1 visa - with which you could enter the US to get married and live permanently - but your would not be able to leave the country for at least 4-5 months once you arrive.

If you must or want to keep your job in Canada, the best option is to get married and apply for a resident visa - CR/IR - with which you would be able to leave the US immediately after you become a resident, i.e. no 4-5 month wait.

On both instances above you will be able to enter the US and visit your fiancee/spouse but you will not be able to do so on a daily basis. In theory what you propose is not against the law, for there are no restrictions as to how many times a Canadian can cross the border into the US, however if you do it daily, the CBP officer may deny you entry on the suspicion you are in fact trying to circumvent US immigration laws. The same would be the case with the Canadian authorities if your fiancee/spouse logged daily entries into Canada for a period of time.

I hope this helps. Good luck!

No theory. What OP is proposing is against the law.

He is not visiting the US daily. He is returning to live in the US. And living in the US without authorization is against the law.

[Faust942 4]

Thank you everyone for answering. I'm pretty that having a uhaul behind my car will show that I'm moving to the USA illegally, anyway.

Seems I have a few options available;

1. Get Married (either in Canada or USA?); and apply for CR1/IR1. Above it was mentioned that I still would not be able to travel across the border daily, is this right?
2. Go through the K-1 process, which may take 8-12 months (or more?); live in Canada while waiting for approval (I hate this option).

Is this all of them? Am I correct with above?

Edited April 9, 2014 by Faust942

[aaron2020 11,651]

Thank you everyone for answering.

Seems I have a few options available;

1. Get Married (either in Canada or USA?); and apply for CR1/IR1. Above it was mentioned that I still would not be able to travel across the border daily, is this right?
2. Go through the K-1 process, which may take 8-12 months (or more?); live in Canada while waiting for approval (I hate this option).

1. If you are going to work in Canada, have no residence in Canada, and return home to the US after each work day, does it look like you are visiting or illegally living in the US? You may get away with crossing for awhile, but anytime a CBP officer can deny you entry for living in the US illegally. It's a matter of when CBP will wise up to your daily "visits" to the US after your workday.

2. Go the K-1 if you are willing to give up your job. There will be a 2-3 months period where you will be waiting for AP. If you leave without AP, then you cannot return and the AOS is abandoned. You would be stuck in Canada until you can get a spousal visa (9-18 months).

Edited April 9, 2014 by aaron2020

[Faust942 4]

1. If you are going to work in Canada, have no residence in Canada, and return home to the US after each work day, does it look like you are visiting or illegally living in the US? You may get away with crossing for awhile, but anytime a CBP officer can deny you entry for living in the US illegally. It's a matter of when CBP will wise up to your daily "visits" to the US after your workday.

2. Go the K-1 if you are willing to give up your job. There will be a 2-3 months period where you will be waiting for AP. If you leave without AP, then you cannot return and the AOS is abandoned. You would be stuck in Canada until you can get a spousal visa (9-18 months).

1. My fiance and I were talking about it; what if I still had a residence in Canada? Like my parents address or an apartment?
2. AP? Do you think this would work out for me if I was on parental leave?

[aaron2020 11,651]

1. My fiance and I were talking about it; what if I still had a residence in Canada? Like my parents address or an apartment?
2. AP? Do you think this would work out for me if I was on parental leave?

1. It doesn't matter. YOU WOULD BE LIVING IN THE US. When I leave work, I go home. When you leave work, you will return home to LIVE IN THE US ILLEGALLY. Look at this objectively. Don't try to justify this as "visiting." You know that you would in fact be living in the US and the address in Canada is just a sham.

Don't play games with CBP, you are going to lose.

2. No idea because no one can tell you how long it will take to get AP. Why not just get marry and avoid the AP issue?

Instead of trying to find a work-around, you need to look seriously at your situation and the fact that you and your wife will be separated for some time. It happens to lots of people and they survive.

Play games and you will lose.

Best of luck. I don't think there is any more advice I can give you.

Edited April 9, 2014 by aaron2020

[JohnR! 5,495]

1. My fiance and I were talking about it; what if I still had a residence in Canada? Like my parents address or an apartment?
2. AP? Do you think this would work out for me if I was on parental leave?

1. That would have little bearing on the situation. In the end what really counts is what it will look like to the CBP. Technically there is nothing illegal in what you propose. There is no limitation as to how many times you can enter the US on a Canadian passport and in theory you could do so as often as daily. In reality however, the CBP may suspect otherwise and may end up denying you passage. Consider weekend alternated visits instead, while you wait for your visa.

2. Advance Parole would work but you wold need to stay stateside for 4-5 months -avg - before you can get your AP.

[aaron2020 11,651]

1. That would have little bearing on the situation. In the end what really counts is what it will look like to the CBP. Technically there is nothing illegal in what you propose. There is no limitation as to how many times you can enter the US on a Canadian passport and in theory you could do so as often as daily. In reality however, the CBP may suspect otherwise and may end up denying you passage. Consider weekend alternated visits instead, while you wait for your visa.

2. Advance Parole would work but you wold need to stay stateside for 4-5 months -avg - before you can get your AP.

Don't know why you keep saying that there is nothing illegal about his plan. While its not illegal for him to enter the US as long as CBP permits it. The illegality is the living in the US without authorization. Edited April 9, 2014 by aaron2020

[JohnR! 5,495]

Don't know why you keep saying that there is nothing illegal about his plan. While its not illegal for him to enter the US as long as CBP permits it. The illegality is the living in the US without authorization.

The obvious answer is: Because he does not have a plan, which precludes it from being qualified any further.

So far the OP has been asking questions. He has not presented anyone with a final plan; and unlike others I do not presume to judge him.

There is nothing written in the law that limits the number of entries of a Canadian citizen into the US. Technically he would not be breaking any laws by coming to the US to be with his girlfriend or spouse while he waits for his visa to be approved. Many, in fact do so.

The difference here is that his situation would afford him the opportunity to cross the border daily. While there are no written impediments that he do so, in reality he will be bound by the decision of the CBP, which is final and can't be appealed. That decision is quite often subjective.

Again, what he envisioned is not illegal, and all the same I don't think for a minute it would work for much too long.

[aaron2020 11,651]

The obvious answer is: Because he does not have a plan, which precludes it from being qualified any further.

So far the OP has been asking questions. He has not presented anyone with a final plan; and unlike others I do not presume to judge him.

There is nothing written in the law that limits the number of entries of a Canadian citizen into the US. Technically he would not be breaking any laws by coming to the US to be with his girlfriend or spouse while he waits for his visa to be approved. Many, in fact do so.

The difference here is that his situation would afford him the opportunity to cross the border daily. While there are no written impediments that he do so, in reality he will be bound by the decision of the CBP, which is final and can't be appealed. That decision is quite often subjective.

Again, what he envisioned is not illegal, and all the same I don't think for a minute it would work for much too long.

Talking is not illegal. Asking questions is not illegal.

When he actually begins living in the US without authorization, then it's illegal.

One of the provisions for Canadians coming to visit the US for up to 6 months is that they are visiting and have a Canadian home to return to.

You are playing a game of semantics.

Living in the US without authorization is illegal.