Canada to USA..Work visa?

[deepfineleg 13]

consider TN-1 visa. H1-B is complicated.

[Lemonslice 4,605]

You would probably have to move prior to your husband's interview at the consulate in Montreal, however you can have a look at this thread to see how others did it: 

 

 

 

[Teemo 252]

7 hours ago, mushroomspore said:

Don't quote me on this but I am fairly (like 80%) certain the American citizen must have a domicile or residence within the US in order to petition your foreign spouse. They ask for an American address on the forms and they also ask where in the US your spouse will be living. This is also to ensure permanent residents will actually stay and work in the US because for some reason, some people mistakenly believe a green card allows them to come and go from the US as they please, sometimes even for months. This is NOT true. I know you and your husband probably aren't planning on doing that but this is just to let you know that they're very stringent on the requirements on who can file for a green card and what must be done to maintain proper status. 

 

 Check out this article. Scroll down to where it says "Petitioners must be domiciled within the US." It says IF you are able to provide strong evidence that you WILL reside in the US before OR at the time of your spouse's arrival, the petition can still be approved. But research this point more to be 100% sure on what to do BEFORE you file any paperwork.

 

Also, you'll need to look into paperwork for your kids. I know nothing about that so perhaps someone with more knowledge can chime in about that too.

I missed your 2nd paragraph. 1st paragraph def says the petitioner must live in the US in order to be a petitioner

[NikLR 13,220]

The petitioner DOES NOT need to live in the USA to petition.  However, the US consulate in Montreal is quite strict on domicile so it's highly suggested to be in the USA by interview.  There is normally a month between interview given and interview happening.  But you will need a joint sponsor unless you have the assets. 

Do you have children? 

USA immigration is different than Canadian immigration as it does not allow for immigrant intent with a spouse.  

11 hours ago, deepfineleg said:

consider TN-1 visa. H1-B is complicated.

OP already stated husband does not have a qualified job. 

Edited May 31, 2018 by NikLR

[databit 328]

Don't forget: once you establish domicile in the US, you will no longer be edible to get medical care in Canada for yourself or your kids (if you bring them), so you will need to arrange health insurance. 

[topazfae 31]

Like others said - it takes up to a year for the whole process to be completed.  Your spouse can visit often as he can but again, like databit, you have to think about health insurance, you need to make sure that you and your kids are covered.  OR leave your kids with your spouse so they can have insurance while you sort out with the paperwork.  That is what I would recommend - keep kids there due to stability and if things go well and your spouse is confirmed to move, then take them and move.  

 

It goes the same if my American husband decides to move to Canada.  I know we will not have health insurance for 6 months so we would have to purchase health insurance for those months, and my husband won't be able to get a job at all for 6 months (I was told it may be up to 2 years before he is eligible to get a job in Canada).  Remember it's only one year and he can visit.  There are many military families who have been missing their relatives for such long period. 

 

Need to be well prepared.  There is a post here where a couple decided to move back to Canada because it is too expensive to live in the US due to health insurance.  It's hard to find a good health insurance if you are not working.  If it is employer-sponsored insurance, it won't be that expensive, otherwise, it will be about 400 to 1K a MONTH for a family of 3.  Hence, my recommendation to keep kids with the father until he is able to move down here with a job offer. He may get an employer's sponsored health insurance with affordable cost.

[sarrobo 18]

posted in wrong spot.

Edited June 4, 2018 by sarrobo