Canadian moving to USA

HI Everyone,

I am Canadian citizen about to marry my finance who is on H1B in the States. We will get married in Feb 2009. Our plan is to get the civil marriage done in Canada and then apply for the H4. Is it true that getting a marriage certificate will help me get a H4 easily? We will be living in the states since he is holding a job there. But I would like for him to get a Canadian PR. Can I apply for his Canadian PR while we are living in the States? If so, what is the process of getting his Canadian PR? will the Canadian marriage certificate help in this process? What about my rights to being a Canadian Citizen, once I move to the US on a H4, am I still eligible to receive medicare and voting rights in Canada?

thanks in advance!!

What nationality is your fiance?

Once you're married and have your marriage certificate (what province are you getting married in? Ontario can take MONTHS to get certificates back to you) you just go to the border and present that with a copy of your husbands valid H1B and you apply for the spousal derivative.

As for applying for your spouse to immigrate to Canada, you can do that from the US. See the forums and information at http://roadtocanada.com and download the forms from the CIC website http://www.cic.gc.ca/english/informatio ... ons/fc.asp

Once you take up residence in another country you are no longer eligible for Provincial healthcare benefits. Google for whichever province you live in and find their website to find the rules about that. Each province is different about how long you are covered for after you move. Ontario its immediate, and you are required to notify them of your exit date. Some provinces will allow you an extension if you write to them to let them know you'll be returning in a few short months. I don't think they'll cover you for a year or more though. It can be re-instated within a few months after your return. In Ontario it takes about 3 months, so they advise you to get supplemental insurance during the interim.

As far as voting, if you intend to return to Canada in 5 years or less, and have a return date, you can register to vote and take part in any election. There is a thread with information about this in the GENERAL discussion forum.

I have alot of questions that i need help with.First of all i'm new to this site,if this isn't where i'm supposed to ask questions i apoligise.I suppose a fast history on my situration will be good.My boyfriend and i have been a couple for almost a year now.He lives in Quebec,Canada,I live in Ohio,in the US.He plans on moving down to the states to be with me before March.We are both realy confused by all the visas,him being told he doesn't need one,then being told he might.But not given clear advice.Hiring a imigration lawyer,if needed isn't a possiblity,since money is a facter.Ok here's a few questions:
1.Does he need a visa to enter the US?if so which visa?And how does he go aboult getting one?
2.Can he get a work permit?If so how long do they take to process.When will he be able to find a job?
Right now he works at a walmart.
3.Will we be able to get married?
4.Can he even get a work visa when he has no degrees?
5.How can he stay legaly in the US?
That's just for a start.I realy need so much help.Please if anyone is online that can help me I realy realy appreciate it...Thank You,Ashrose

Please does anyone know how to read the replys?It says i have 2,but i don't see them.Can someone please send me a message?

Any replies posted would show up immediately under your own, I don't see any at all.

1.Does he need a visa to enter the US?if so which visa?And how does he go aboult getting one?

depends on what his intent is when he's coming here. If he intends to come to the US and get married to you AND STAY here, then YES, he most definitely will need a fiance visa FIRST. Which takes nearly a year to process.

2.Can he get a work permit?If so how long do they take to process.When will he be able to find a job?

Only if he enters through proper channels with some sort of authorized visa. If he comes down as a tourist, no, he cannot legally work

Right now he works at a walmart.
3.Will we be able to get married?

Yes, you can get married. But again, with the intent to enter as a tourist, get married AND STAY, is illegal.

4.Can he even get a work visa when he has no degrees?

that is unlikely

5.How can he stay legaly in the US?

You petition to sponosor him as your fiance, and submitt the paperwork to the proper USCIS service centre, you wait for the approval notice and paperwork and interview process (which will be in Montreal), then once his visa is approved, he can move here.

Alternatively, you can get married FIRST, he returns to Quebec to await the processing, then petition for a CR1 spouse visa. This option takes about a year to process, but he is authorized to work once the CR1 is granted. With the K1, he will be unemployed for several months after he gets here, as it is only work authorized for 90 days, then expires until he is granted either/or the EAD or green card. Its rather difficult to find an employer willing to bring someone on only for 2 months or so, who would then have to quit

For all the information you need on marriage based immigration to the US see http://www.visajourney.com


That's just for a start.I realy need so much help.Please if anyone is online that can help me I realy realy appreciate it...Thank You,Ashrose

Thank you for replying.i found something yesterday,a differant option other then the CR1,it's called AOS.i'm not sure how that works entirely.I do know with that he won't be able to work for a few months,then be able to get a work permit.Also know he won't be able to leave the states.Which do you think would be the better option?Thank you again,I'll check out the website you left.Also what would be the best way to get a work permit?And how long do they take to process?Thank you again.Sorry for all the questions.

AOS won't work because he is entering the US on a tourist status and getting married to stay. This is considered illegal, and if the AOS is denied, he will be deported and banned. I wouldn't recommend it.

I have to say immigration consultants always say simply enter as a visitor and apply for AOS on I-485, and a lot of people do it that way but technically the person who does it misrepresents themself when they enter the US.

That may or may not cause a problem, certainly it would do if you were say, from India and entered as B-2 and then applied for AOS after going through with an arranged marriage.

If you're Canadian and getting married to an American though they are more relaxed about it - usually. The problem is that if he gets someone who decides to be a jobsworth about it at the interview then he's stuffed.

The fastest alternative as Reba mentioned is that you get married first, then you file an I-130 for him and he waits in Québec for it to be processed. It's quickest because he enters as a permanent resident, K visas require an additional step of applying for AOS.

Thank you for the advice i appreciate it.