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

[shanwill]

My Canadian boyfriend has just moved to Miami on a J1 Visa to do post-doc work for the University there for 2 yrs. We are hoping to get married in approx a year.

In the meantime, how do I qualify to live in the states. I currently live in Canada working part time as a Public Librarian but do not hold any degrees so don't think I qualify for a TN Visa. I would ideally like to do similar work there. If I couldn't then we could afford to live on a budget on his salary. But I am unsure of how I could legally move to the US, and for how long I can stay.

If anyone needs the logistics of steps to follow to avoid problems pls advise!

Thank you so much from the newbie!
Shannon

[MC]

Your lack of any formalized education severely restricts your ability to obtain any kind of immigration status and I doubt just part-time experience satisfies the criteria for H1B Status. If you did have at least 12 years of full-time experience, you might get an H1B but I am not sure if the quota has been exhausted.

Your best bet may be B-2 Status or visitor status which normally holds a duration of 6 months. However, you will need to document ties to Canada in the form of an apartment lease, utility bill to solidify your intentions are only non-immigrant. You might also show you are returning to a job in Canada. You will also need to prove how you will support yourself during your stay financially.

You would have to be very careful not to show any kind of immigrant intent with your boyfriend, talk of marriage, etc. at the port of entry since that might get you refused entry by CBP.

[Reba]

If you marry however, you would be eligible for derivative status. You wouldn't be able to work, but you could stay for the duration of his J1.

[shanwill]

Thank you both for the information. It gives me more to go on.

MC thanks for the tips for when going over the border, and what not to say. I had thought that Canadians were allowed to visit for up to 6mths a year without any hassle? How do the snow birds do it so easily?

Reba - I had understood that if we got married I would qualify for a J2 Visa and be able to work until his J1 Visa expired (provided I could get a job). Is this not the case?

[agnelson]

"How do the snow birds do it so easily?"Well, for one thing, they maintain their home in Canada and can prove it. Also, CBP knows that most snowbirds preciously guard their prov healthcare benefits and thus will not overstay. Third, they don't have bf living in US.

J2's are entitled to an EAD concurrent with J1.

[lawsrlaws]

You would qualify as a co-habitating partner, thus you can stay for 6 months and then file for extensions from within the USA though USCIS. This would be the way to go, but you cannot work. If you do this make sure you call the POE before you enter to make sure they know what is allowed for a co-habitating partner. (lots of new Officers have never heard of it). This is soley for non-immigrant intent, and good for as long as your BF is a J1.

The details:
http://travel.state.gov/visa/laws/teleg ... _1414.html

[agnelson]

Intersting to note that even if a co-habiting partner were admitted to US as a B-2 partner to an TN,H, or L worker who is not required to maintain Foreign residential ties, that partner MUST maintain such ties, since it is still the requirement for B-2.

So, a 'couple' coming down with one TN and the other as B-2 partner, would likely need to keep strong residential ties in canada, while a TN/TD married couple would not.

[Reba]

Much easier to just get married and get derivative J2 status.