Canadian boyfriend on J1 Visa in US - How can I live there 2

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shanwillJunior Member
Topic author
Posts: 10
Joined: 17 Sep 2009

Re: Canadian boyfriend on J1 Visa in US - How can I live there 2

Post Fri Sep 18, 2009 7:40 am

OK, thanks agnelson. Just so I understand, does that mean: I can legally live in the US once we're married, I'll get a J2 at the border. Only then can I apply for the I-765 to be able to work. Do I need to be in the US while applying for this I-765 or can this be done before in canada
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RebaModerator
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Location: North Carolina

Re: Canadian boyfriend on J1 Visa in US - How can I live there 2

Post Fri Sep 18, 2009 4:25 pm

You have to have at least rec'd your J2 status in order to be eligible to apply for the EAD. If you want to cross the border, get your J2, send in your app for EAD, then return to Canada to wait for your biometrics appointment, you can do that. But you can't send in the app for the EAD before you have your J2.
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StevenCanuckAbroad VIP
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Joined: 28 Sep 2007
Location: Calgary

Re: Canadian boyfriend on J1 Visa in US - How can I live there 2

Post Sat Sep 19, 2009 4:41 pm

Yeah I agree, get married and get J-2 because J-2 can get employment authorization by filing I-765. Otherwise do co-habiting partner as laws pointed out, but this is expensive and awkward because it has to be renewed every six months on I-539 which costs $320, you can't work, and you must have proof of funds to cover your stay and maintain an abode abroad.

Very rapidly you will realize it's a good idea to get married.
Steve.
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agnelsonCanuckAbroad VIP
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Re: Canadian boyfriend on J1 Visa in US - How can I live there 2

Post Sat Sep 19, 2009 8:37 pm

reba, why would she need to wait in canada for biometrics? She would be J2 living in US. Biometrics are done in US, this is not a K visa.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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RebaModerator
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Joined: 16 Jul 2004
Location: North Carolina

Re: Canadian boyfriend on J1 Visa in US - How can I live there 2

Post Sun Sep 20, 2009 6:43 am

That's not what I said. I said she could wait in Canada for biometrics if she chose to return to Canada after she gets her J2. Which was in direct answer to her question.
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agnelsonCanuckAbroad VIP
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Re: Canadian boyfriend on J1 Visa in US - How can I live there 2

Post Sun Sep 20, 2009 8:52 am

Reba wrote:That's not what I said. I said she could wait in Canada for biometrics if she chose to return to Canada after she gets her J2. Which was in direct answer to her question.

Indeed. just ensuring that she knows that she can wait anywhere for biometrics. She can even file I-765 from Canada if she wishes.

Your response (to me) implied there was some border two-step that needed to be done.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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shanwillJunior Member
Topic author
Posts: 10
Joined: 17 Sep 2009

Re: Canadian boyfriend on J1 Visa in US - How can I live there 2

Post Tue Dec 08, 2009 7:39 pm

Update!
Hi again, more questions to ask please...
Well, we are now engaged and are getting married March 2010. Is there anyway I can live in the US as his fiance or not until we are married? What documents can I organize now to speed the process and what has to wait until we are married?

If anyone can give me a point step process on what needs to be done in order that would be wonderful! Or a number of somewhere to call to actually get this information.....I feel like I'm running in cirlces!

Thank you!!
Shannon
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agnelsonCanuckAbroad VIP
Posts: 2865
Topics: 1
Joined: 26 Aug 2009

Re: Canadian boyfriend on J1 Visa in US - How can I live there 2

Post Tue Dec 08, 2009 8:31 pm

There is nothing special about being a fiancee to a temp resident, so you still need to maintain Cdn residence in the meantime in B2 status.

Then after you marry you can switch to J2... and eventually work when you file for ang get EAD (I-765)
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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shanwillJunior Member
Topic author
Posts: 10
Joined: 17 Sep 2009

Re: Canadian boyfriend on J1 Visa in US - How can I live there 2

Post Wed Dec 09, 2009 8:14 am

Thanks agnelson....had hoped there was a way to get to live together sooner...
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agnelsonCanuckAbroad VIP
Posts: 2865
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Joined: 26 Aug 2009

Re: Canadian boyfriend on J1 Visa in US - How can I live there 2

Post Wed Dec 09, 2009 9:48 am

Well you can live together for the next six months, but you need to maintain Cdn residence and you can't work in US.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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