Great job in Canada, but want to start this process

[legendqueue 163]

Hi all,

 

I'm Canadian and my girlfriend is American.  I'm in Windsor, she's in Detroit, so it's really easy to see each other.  However we want at some point to live together.  After a lot of discussion taking into a lot of factors (mostly about family), it makes more sense for me to move south than her to move north despite the more difficult visa process.

 

I've read a ton here and elsewhere but the question I've not seen come up is, what if I have a great job in Canada that I have no intention of leaving?  I've tried "the commute" each way and it's not a problem whatsoever, so that's not an issue.  And the job is perfectly situated on my career path and pays extremely well, and there's no equivalent employment over the border.  But how would this work in general when it comes to immigration and visa considerations?  I'll break it down into the major questions I have.

 

1. Correct me if I'm wrong, but I'm fairly sure I can't just arbitrarily decide that I'm going to live with her and commute north daily.  At best, I'm going to eventually pass the 182-day-per-year restriction and then I'm screwed.  (Not really a question, just looking for confirmation.)

 

2. Once we become engaged (and we've talked about it, but want to time it at a point that makes sense pragmatically as well as romantically), she can file immediately for K-1 and I can continue to visit her, as per the sticky in this forum.  This is at the discretion of the border guard.  Can I use my Nexus card for this, or do I need to go through the regular line and go into the customs office?

 

3. Once the K-1 is approved, this is where the problem starts.  Am I not able to visit the United States again until my wedding date at this point?  The visa is apparently good for a single entry.  I obviously can't enter the USA and stay there: I have a job in Canada!  

 

4. After the wedding, I apply for the change of status.  Can I now enter and leave the United States?  Again, I have a job in Canada!  But I had to enter the USA to get married!

 

5. This is sort of out of the purview of this forum, but I assume that once I am a permanent resident after the change of status, commuting is not an issue whatsoever.  Is this correct?

 

I've got a call in to an immigration lawyer to discuss this stuff, but I definitely saved some of his time and my time and money by checking this place out.  The more information I can get the better.  We're both very stressed about the whole situation and want to know the proper way of going about all this, and make sure we both know all the correct information about how things work.

 

Thanks everyone.  This seems like a great community.

 

[Ontarkie 14,268]

You're right you can't just go over and drive back and forth you will get caught and told to stay out. 

Personally in your case I would do the CR1 it will allow you to keep working in Canada after the move. A K1 will take at least 4 months before you can get back to Canada with AP to continue working. 

The only thing you need to make sure of when you keep your job in Canada is to pay non resident taxes and do not use OHIP. Once you cross the border to move OHIP is off limits. 

[TNJ17 1,329]

It’s not possible for you to just move in with your girlfriend. There are no visas or permits for that. No matter what your ties are to Canada. In order for you to be together in the US, you need to file for a fiancé visa or a spouse visa. Each has its advantages and disadvantages and it’s really up to the couple to choose which route to go. 

 

Whichever route you choose, you will have to leave your life in Canada behind. Work wise I mean. You can’t keep your job in Canada, unless you can do it from the US, but even then I’m not quite sure, and on a K1 Visa you won’t be able to travel back and forth until months after you’ve entered the US. 

 

Unfortunately, you need to make your decision on this relationship before you even get to do anything. 

 

You ou could continue to travel back and forth for the foreseeable future and see if marriage really is the route, then apply accordingly when you’re ready. 

[legendqueue 163]

Thanks Ontarkie.  I'm confused though.  How do I apply for a CR-1 if I'm not married?  Plus they want evidence of a "bona-fide marriage" including owning property together and residing together.  This sounds like confusing Catch-22 stuff to me.  Sorry if this is obvious and I'm not getting it; none of the documents here make it obvious to me.

 

And TNJ17, I know plenty of people who commute cross-border, only their situation isn't the same as mine (they are either Canadians born in Canada commuting to American jobs, or Americans born in American commuting to Canadian jobs).  What makes my situation different from that once I have PR status?

 

Thank you both for your replies.

Edited December 22, 2017 by legendqueue

[TNJ17 1,329]

You apply for a K1 if you’re are not married and your intention is to get married in the US upon your arrival after the visa is issued. You apply to CR1-IR1 if you are already married. 

[NikLR 13,227]

14 minutes ago, legendqueue said:

Thanks Ontarkie.  I'm confused though.  How do I apply for a CR-1 if I'm not married?  Plus they want evidence of a "bona-fide marriage" including owning property together and residing together.  This sounds like confusing Catch-22 stuff to me.  Sorry if this is obvious and I'm not getting it; none of the documents here make it obvious to me.

 

And TNJ17, I know plenty of people who commute cross-border, only their situation isn't the same as mine (they are either Canadians born in Canada commuting to American jobs, or Americans born in American commuting to Canadian jobs).  What makes my situation different from that once I have PR status?

 

Thank you both for your replies.

You would have to get married.  They do not expect people living in different countries to have joint property, or reside together obviously.  I did the CR1 with my husband.  We married in May, and ended up filing in Oct but most file as soon as the marriage certificate is back.  For us we still discussing the direction we were going to go in, but either way, north or south, it's much easier as a married couple.  

 

You cannot live in the USA unless you're an LPR or USC or have a work visa.  Since you want to work in Canada, that means you need to be an LPR or USC.  Obviously you aren't a US citizen.  You can continue to work in Canada, as Ontarkie stated, if you have LPR status (are a green card holder.)  As Canadians, we probably understand this better than non-Canadians on the forum. 

 

~~moved to what visa do I need from K1 process and procedures~~

[Marzena & Stephen 544]

Hi!

I was in the same boat as you.

I travelled on a nexus card no problem while waiitng for a K1 visa approval.

Once i received the K1 visa i stayed at my job for another month or so in canada before i moved... i was unable to visit after getting the visa and before using it.. once you use it you are stuck in the USA for a little while before you can travel back to canada again.

I had to quit my job for this move. As soon as you use your K1 visa you can not work in the USA until you have an EAD.

Yes the situation sucks! i had an amazing job aswell. If you really do not want to lose your job i would suggest getting married and going the cr1 route aswell. K1 visa is not a great option for someone who wants to keep their job. 

Also if you move to the usa will you be able to keep your canadian job ? is your employer wanting to allow for that ? It is a little different when you live in the usa you have to start filing USA taxes etc. 

 

In regards to the CR1 you actually do have to be married first.. so get married in Canada or what not before applying.. it seems like a huge step but with a K1 visa you have to get married within 90 days anyways. 

Edited December 22, 2017 by Marzena & Stephen

[Dashinka 24,579]

I work with many Canadians that live in Windsor and commute daily.  I would think the same thing would work the other way as long as your company is ok with it.  That being said, I would think that if you are talking marriage, you would be better off with the spousal visa.  As others have said, you can still visit while be processed, then once it is issued and you are ready to take up residence in the US, you can move over and you avoid the 4-6 month wait (based on reported current processing times) for work and travel authorization.  Beyond that and until you and your girlfriend decide to get married you can only visit.

 

Good Luck!

[legendqueue 163]

Thank you everyone for your comments.  Great information!  I very much appreciate it.

[geowrian 22,337]

17 hours ago, legendqueue said:

4. After the wedding, I apply for the change of status.  Can I now enter and leave the United States?  Again, I have a job in Canada!  But I had to enter the USA to get married!

This is probably the biggest determining factor for a K-1 (fiance) versus CR-1 (spousal) visa. If you did a K-1, you won't be able to leave the US until after you marry and obtain AP, which takes 4+ months right now. With a CR-1, you can come over one day and just commute to work.