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

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

Postby shanwill » Fri Sep 18, 2009 5:57 am

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Thank you guys for the info, this is so helpful! I have gone over this with my bf and we are thinking getting married may be the better route. It's just going to have to be quicker and cheaper than we ideally liked but we don't want any hassles at the border or long delays.

Once we are married, is there any hassles at all with me coming into the country and hopefully finding work? How long is the process once married to get the J2?

Again.....thank you!
shanwill

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

Postby agnelson » Fri Sep 18, 2009 6:18 am

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The J2 status is instantaneous at the border, with proof of J1 and mariage. The work document (which you need before being able to work) I-765 takes a while ~2 months), but you can look for work in the meantime.
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Re: Canadian boyfriend on J1 Visa in US - How can I live there 2

Postby shanwill » Fri Sep 18, 2009 6:40 am

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

Postby Reba » Fri Sep 18, 2009 3:25 pm

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

Postby Steven » Sat Sep 19, 2009 3:41 pm

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

Postby agnelson » Sat Sep 19, 2009 7:37 pm

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

Postby Reba » Sun Sep 20, 2009 5:43 am

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

Postby agnelson » Sun Sep 20, 2009 7:52 am

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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.
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