Canadian visitor wants to move to USA!

Hi,

My boyfriend and I met in Canada, starting dating, then he got a job offer at a US company. After deliberations he decided to go with the idea that I would go with him. While living in separate cities, we visited each other, me always crossing as a visitor and not staying longer than a week.

I'm Canadian and he has dual citizenship, born in DC and raised in Canada.

I'm currently visiting him, not working, but have been here in the States for 2 months. I know that I can stay as a visitor for 182 days, but I'd like to be able to cross the border and come back. I've been job searching as well, both from Canada and the USA.

Really I guess what I'd like to know is if anyone has an idea of what the best thing is to do. Do I stay in the USA until my six months is up, job searching and hope that something comes along so I can leave after x months and return to the states legally? Do we get married? Do I go back to Canada and job search from there? Do I cross the border every 2 months or so for a week and then come back? If I get questioned, would the story that my boyfriend has a 1 year contract in the US but I work in Canada (I do still technically have a job there) so I visit him for lengths of time fly to border guards?

Has anyone been in this situation? What are my chances of going home for Christmas and re-entering as a visitor (if I still haven't found a job)?

ANY advice is welcome, I know there is lots to tackle here.

Thanks,
Shannon

Well, first off, technically it is illegal to be in the US as a visitor and searching for a job.

Does your boyfriend intend to stay in the US only for his 1 year contract, or indefinitely? The answer to that will determine your next move.

If he's only staying for one year, then you can just continue to do the back and forth thing, never over-staying your allowed time (6 months per calendar year,or per visit, whichever comes first). There is a chance that at some point US CBP will deny you entry however, if they think you're spending too much time in the US and can't prove strong enough ties to Canada.

If you decide to get married now, you can stay and apply to adjust status. You won't be able to work for several months, and you can't go back to Canada either until you have your green card (you can apply for Advanced Parole, but few if any lawyers or immigration consultants would recommend you actually use it, if you're adjusting from a tourist status). I would only recommend this avenue if you can PROVE without shadow of a doubt, that you had NO INTENT at your last entry to get married and stay to adjust. If you can't prove that, then you risk being denied your adjustment and deportation.

There's a few options, but they all hinge on the answer to that one question, what does your boyfriend intend to do with this job?

Thanks Reba. Yes, I do know what I'm doing is illegal.

I also don't know how I would prove that it wasn't my intent to get married (it wasn't, but I can't prove that).

There is a very good chance that my boyfriend's contract will get renewed. It's a great job, I don't think he wants to ever leave (and nor should he!).

So I guess this leaves getting married in Canada and him doing a direct consular file, K3, or me looking for work that will allow me to cross the border legally from Canada?

I really want to do this legitimately.

Thanks again!

You prove non-intent if you hadn't quit your job and given up your abode before you left Canada. If you did, then it'll be rather difficult to prove.

You can get married and you can return to Canada (you can marry in either country, doesn't matter where) and he can petition for you via direct consular filing for a spousal immigrant visa. Don't know why'd you'd bother with the K3 at all.

I have no idea what the timelines are like on a Canadian DCF, but you can probably find more info at http://www.visajourney.com

The only logical solution is to get married (or plan to get married) and he either sponsors you as his spouse or fiancée. Going in on any sort of work permit is going to be hard because you don't have "non-immigrant intent" or at least USCIS won't believe that you don't.

You can visit him while the application is being processed, just make sure you have sufficient proof you still live in Canada.

Thanks everyone for your help!

How would USCIS know that I don't have non-immigrant intent? My official mailing address is still in Canada and when in Canada I stay with my parents (I got rid of my place in Montreal).

Also, is he able to do DCF from the States? He isn't technically a resident of Canada right now, though he is a citizen.

Is there a good DCF site I can read up on? Also, if I were to find a job, go home, and come back with my TN, what would I need to do to prove non-immigrant intent?

Sorry if these are repeat questions, feel free to respond with a link!

Thanks again.
Shannon

P.S. In my worst case scenario where I get refused entry to the US at some point, will that affect my eligibility for a K3 or DCF?

How would USCIS know that I don't have non-immigrant intent?

Because they will ask, and it's pretty common for them to ask if you have a bf or spouse in the US. There is no legal requirement for you to tell them, but if you lie then they can deny you for lying, which is catch-22.

As a visitor it's somewhat dicey, but if you can show that you are following all the legal procedures, "hey he's submitted an I-130, I'm just going down for a week to see him and I'm coming back to wait for it to be processed" and you have proof that you live in Canada, you may be okay.

If you show up wanting a TN-1 or have an I-797 there's a greater chance (in my opinion) of getting turned down because they simply aren't going to believe that you have non-immigrant intent at that point if they find out you're married to an American.

If you live with your parents in Canada, and don't have a lease or a mortgage, and if you don't have a job in Canada, then your ties to Canada are tenuous at best, as far as US CBP is concerned. Especially if you have a partner in the US.

ANY time someone is asking for entry to the US, CBP and immigration are going to suspect immigrant intent. Its their job. Its YOUR job as the traveller to prove otherwise. If you have no ties to home country, then it is very likely you will be denied entry/denied a visa.

I posted a link already to Visa Journey. Tonnes and tonnes of info there on marriage based immigration to the US. DCF, K3, K1, CR1 etc etc etc.