can't seem to find the right answer

Canadian Expats and travelers in the USA can communicate with each other here!

Moderator: visaplace.com

SkewedSpiritNew Member
Topic author
Posts: 1
Joined: 5 Mar 2011

can't seem to find the right answer

Post Sun Mar 06, 2011 3:36 pm

Alright, I have been lurking around for a few days trying to put the pieces together to get my answer. I really appreciate all the info on these forums but maybe someone could help me sift out some stuff that applies to me. I am just stating a new relationship with an American, I have nothing in particular keeping me in Canada at the moment so we have decided that I should come down to stay with her for a few months to see if we really feel as strongly about each other as we think we do. I know that as a Canadian citizen I can go to the states for 6 months but my question is..if we decide that I should stay down there, what kind of visa applies to me? I am not a student (and with the prices of schooling there I can't imagine I would become one), I don't have a degree of any kind and I am not a specially skilled worker. Basically I am just your run of the mill, average unskilled worker. I know that not every person that moves to the US is a college graduate, so what kind of visa applies to the regular, unskilled person? Also, I have seen differing opinions on the matter of if working online counts as conducting business in the US and if I would need a visa for that or not. Thanks for any help! :D
Top
CanuckinphxNew Member
Posts: 4
Joined: 22 Feb 2011

Re: can't seem to find the right answer

Post Tue Mar 15, 2011 7:16 pm

Honestly, I think the easiest way would be to get married, the K1 visa is the fiancee visa, the only thing is once you file you have 3 months to get married. The other option is to find a company to hire you and sponsor you with the H-1B visa. I tried to do this when I was coming down and it seemed like a catch 22, I wasn't able to get a job without the visa and I couldn't get the visa without a job offer, so I ended up going back to school. So now I am living in Phoenix on a student visa, essentially I have to return to Canada after I complete school but atleast the few years that I am going to be here allows me to throughly evaluate my relationship and see if the fiancee visa is an option.

On a side note, if you intend to live here for a few months to "test" the relationship make sure you have proof that you will return to Canada.. a job, car, house, bank accounts etc. If the border patrol believes that you have no intent of returning to Canada they will deny you entry.

Hope this helps :)
Top
MC

Re: can't seem to find the right answer

Post Tue Mar 15, 2011 7:46 pm

It is very important to differentiate between immigrant intent and just entering the U.S. on a B-2 or Tourist status.

You may go visit your potential spouse for up to six months duration on a B-2. However, you must remember you are not allowed to show immigrant intent on a B-2. You must demonstrate very distinctly your entry is only for visitation purposes. Otherwise, they can refuse you entry.

Returning to Canada after the visit and filing your K-1 fiancé visa is quite different. That shows immigrant intent in a proper and acceptable way.

You would not need to worry about how unskilled you are as once the marriage petition is filed and moves forward, you will gain inherent work status privileges.
Top
flames9CanuckAbroad VIP
Posts: 601
Topics: 1
Joined: 8 Mar 2007
Location: Managua Nicaragua

Re: can't seem to find the right answer

Post Tue Mar 15, 2011 7:53 pm

http://www.visajourney.com/content/guides

http://www.visajourney.com/content/compare comapres the k1 and cr-1 visas

One can visit the USA up to 6 months--its is not a RIGHT though, up to the port of entry (POE) officer. Bring strong ties that you will be returning to canada (return air fare, apartment/house lease,, letter from employer etc etc) They may not ask for it, but be prepared. Your going to VISIT!!!! not live-----huge difference in the POE officers eyes!

And yes one can goto the USA and then STAY and do what is called adjust of status (AOS) BUT one has to have had NO INTENTION of staying! All I will say about that! Some drawbacks are that u cant work right away, nor can u leave the USA without the greencard approved or u get advance parole (AP) but I believe it only takes a few months to get.

We have had members on VJ that came on a k1--where they cant work until they get EAD (Employment authorization document) BUT they were told they could still work remotely for theeir Cdn company! No clue if thats totally true, they said they contacted soem govt office and said it was fine! Not my problem, as I came on a CR-1.

Read VJ, lots of free info on relationship visas--esp look over that compare link. cheers
Top

Did you enjoy this post? Share it!