My fiance and I both live in canada but will be moving to the USA

[kaelyra 1]

Hi there! This is my very first time on the page, so absolutely any help would be so appreciated! I was born in canada and naturalized through my mom marrying an american before I was 18 years old. I then moved back to canada after spending 12 years in the USA. Now i am engaged to a canadian only. I just recently bought a house in Washington state, but live in canada still. We are getting married in August 2021. Does any one know if there is a way to get him a visa while we are both still living in Canada ? If not, is there a certain amount of time I have to be living in the states before we can apply? Also, is there a visa that will allow him to cross to and from canada every day as his work is in canada? So many questions! Appreciate any help at all! Even if its just answering one of my questions! Thank you so much!

[payxibka 10,045]

4 minutes ago, kaelyra said:

Hi there! This is my very first time on the page, so absolutely any help would be so appreciated! I was born in canada and naturalized through my mom marrying an american before I was 18 years old. I then moved back to canada after spending 12 years in the USA. Now i am engaged to a canadian only. I just recently bought a house in Washington state, but live in canada still. We are getting married in August 2021. Does any one know if there is a way to get him a visa while we are both still living in Canada ? If not, is there a certain amount of time I have to be living in the states before we can apply? Also, is there a visa that will allow him to cross to and from canada every day as his work is in canada? So many questions! Appreciate any help at all! Even if its just answering one of my questions! Thank you so much!

Canadians don't need a visa to visit. Unfortunately,  no shortcuts to the residency visa

[kaelyra 1]

Im no looking for a short cut  Im jsut wondering what type of visa is best for us? Or what the restrictions are for him moving down to the USA and can he work in canada while being on a reidency visa. If so, which visa is that?

[payxibka 10,045]

7 minutes ago, kaelyra said:

Im no looking for a short cut  Im jsut wondering what type of visa is best for us? Or what the restrictions are for him moving down to the USA and can he work in canada while being on a reidency visa. If so, which visa is that?

There is only one..  if he wants to live here, then it's a greencard.

 

Might i suggest visiting and reading in the Canadian regional forum 

 

https://www.visajourney.com/forums/forum/93-canada/

Edited September 22, 2020 by payxibka

[Boiler 45,670]

A Canadian does not need avisa to work in Canada. A K1 is for immigrating to the US with the intent to marry and stay in the US, if you are looking at marrying in Cnada then the visa will be a CR1.

[mushroomspore 3,044]

39 minutes ago, kaelyra said:

Im no looking for a short cut  Im jsut wondering what type of visa is best for us? Or what the restrictions are for him moving down to the USA and can he work in canada while being on a reidency visa. If so, which visa is that?

Location of marriage is going to be a factor too.

 

If USA, then he doesn't need a special visa. He can enter as a tourist, get married to you and then he has to go back to Canada and you guys would file for CR1.

 

If you've heard of K1 and are considering it, there are issues with it. The main problem is you can't guarantee he'll receive the visa by August 2021. After entering the US with the K1, he would have to do Adjustment of Status and he cannot work during this time.

 

If getting married in Canada, then you would file for CR1 after the marriage and you guys can move to the US together.

 

Since he's a Canadian citizen, he doesn't have restrictions on working while inside Canada. Inside the US, he cannot work until he is approved as a legal permanent resident.

[kaelyra 1]

Mushroomspore: is there any type of visa that would allow him to work in canada while being in the usa? If not, do you know the estimated time period it takes for him to be approved for permanent resident with the CR1 visa?

[payxibka 10,045]

There us no such visa.  What he needs is a greencard 

[Boiler 45,670]

Takes a year or so.

[kaelyra 1]

I guess Im confused. Doesnt it take a bit to get a green card? How long will it take to get green card? and whats the fastest route for that with our situation

[payxibka 10,045]

1 minute ago, kaelyra said:

I guess Im confused. Doesnt it take a bit to get a green card? How long will it take to get green card? and whats the fastest route for that with our situation

Takes quite a bit and covid has made it worse.  Fast and Immigration are oxymoronic 

Edited September 22, 2020 by payxibka

[Boiler 45,670]

It would help if you answered where you are getting married.

[kaelyra 1]

We are getting married in Canada. But i suppose if it helped we could get married in the USA we just hadnt planned on it. we live right next to the border and i currently work in the usa so i travel back and forth every day. he lives in canada and works in canada.

[kaelyra 1]

Its just going to be very hard if he cant keep his job in canada while we go through the process. So im wondering if there is a way he can come down to the USA with me but still work in canada until he gets his green card to work in the usa.

[payxibka 10,045]

Just now, kaelyra said:

Its just going to be very hard if he cant keep his job in canada while we go through the process. So im wondering if there is a way he can come down to the USA with me but still work in canada until he gets his green card to work in the usa.

No.  He cannot live in the USA without being a resident.   He can only visit.