Canadian Couple on Professional Working Visas

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KayteeNew Member
Topic author
Posts: 5
Joined: 27 Feb 2008
Location: Ontario

Canadian Couple on Professional Working Visas

Post Wed Feb 27, 2008 2:55 pm

Hello,

I'm Kaytee, I'm a new member here on canuckabroad but I am certainly glad that I came across this site. I have a situation which is pretty common, but I am looking for any advice and information I can obtain on all of it.

My Boyfriend and I are both Canadian Citizens currently living in Canada. He is just about to finish University where he studied Industrial Product Design. I graduated from Hotel Management in College in '06 (and also completed a summer J1 work term at Universal Studios in Orlando, FL in '05).

Both of us have always dreamt of re-locating to the US for a lot of reasons; the weather (of course), more opportunity, and for the overall experience.

We are both at a point in our lives where we can take off and move around freely right now. Both of us are considering going down to the US on a professional working visa (sorry not sure of the exact name) for the maximum of 18 months. My best girlfriend from College who moved to Florida with me back in '05 is currently living in Chicago with her US boyfriend on her 18 month visa which expires this September.

My question is, is it possible for My Boyfriend and I (both being Canadian) to somehow apply for permanent status eventually? Another scenario is, what if one of us was sponsored to get a green card and the other wasn't? Is it possible for one to apply for a green card through the other (if we were Married?). If My Boyfriend ended up obtaining dual-citizenship through a Green Card, and we Married would I be able to apply for Dual Citizenship by default? Also, if/when we get Married would we have to get Married in Canada and the US?

Sorry if this is coming across as confusing, it's a little confusing to me as well. Basically. My Boyfriend and I would love to re-locate permanently to either Florida or California for our Careers since there are several opportunities for each of us out in either of those places. I have no idea how to go about it, and if it's even possible as the other information I have come across online makes it seem impossible or next to impossible for Canadians to be able to do so.

I'd appreciate any advice/help anyone can provide me with.

Thanks!
Kaytee
Missing Orlando, Florida
Canadian Beach Bum Since '85
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Post Wed Feb 27, 2008 11:39 pm

If the immigration category is dual-intent, e.g. H-1B or L-1, then your employer can sponsor you for permanent residency, if it's not dual intent, then you have to be sponsored in some other category, like EB-3 which takes forever to get.

The spouse of a permanent resident can get permanent residency, you don't need to be a US citizen. Have a look at the family reunification part of the USCIS website. You file Form I-130.

Generally the easiest way is via the TN-1 category, however based on your qualifications I'm not sure either of you qualify, have a look at the NAFTA categories.
Steve.
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TNVisaExpertModerator
Posts: 168
Joined: 2 Apr 2007
Location: San Diego, California

Post Thu Feb 28, 2008 9:51 pm

Hi
Please be aware, if you are moving to the US on a TN visa your intent should be to return to Canada.

Also you may qualify under the Hotel Mgmt category for the TN.

Here is a list of the NAFTA Occupations that qualify:
NAFA Occupation Job List

The L-1 is another good option (intra company transfer).

Good Luck!
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