Complicated visa issues - Please help

I am a US GC holder (not a Canadian citizen) and my girlfriend is a Canadian citizen. For now, I work and live in the US and she lives in Canada. We just had a baby together and will love to spend som...

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samof69
New Member

Joined: 27 Jul 2008
Posts: 9

Posted: Sun Jul 27, 2008 12:38 pm

I am a US GC holder (not a Canadian citizen) and my girlfriend is a Canadian citizen. For now, I work and live in the US and she lives in Canada. We just had a baby together and will love to spend some time together.

She is on one year maternity leave and lives with here parent now (and she has a guaranteed job which she can return to, I think people here are familiar with Canadian laws regarding maternity leave). The plan is that they will come here (most likely driving her own car, if that makes it a little better,) stay with me for a while before going back to Canada for a week or two and repeat this for about a year. In the mean time she will apply for a H1 (or J1?) to start working here from next September (may not be possible until next October from what I read) and after I get my US citizenship (4 years from now) we will go back to Canada permanently.

Questions.

Will there be a problem at the border while she tries to come to the states with our baby having my 'no objection' letter which will clearly show that I (a US GC holder) is the father of the child, even though she doesn't mention her 'relationship' with me and just says that she is bringing the baby for visitation.

For how long she can stay here at a stretch?

If she crosses the border by road (in that case there is no stamps on the passport, at least while going back to Canada) will the US ever know how long she had been here for? If yes, how? What are the chances of an officer at POE denying a Canadian citizen entry based on how many times they have entered the states?

What will be the good proofs for her to show her Canadian ties? (Bank, license, car, guaranteed job after her maternity is over?

What will be a most realistic visa for her to apply as a teacher? H1 – she will need to get an offer and apply by next April, right? J1 – Is this even possible for Canadian teachers to get?will she have to go back to Canada for 2 years after this is over? Are Canadian teachers eligible for J1? It can only be valid for 3 years max. How easy or difficult it will be for her to convert her J1 to H1 as a teacher? Is it impossible? Does she have any other options?

We are not married, does she need to mention me in her visa applications?

I have some more questions regarding my situation as well and will post it in a different post.

Thanks

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1587
Location: Calgary

Posted: Sun Jul 27, 2008 7:35 pm

J-1 is easier for teachers than H-1B because of the quota, although teachers may be exempt from the the quota if the job is at a university. There's also TN-1. Bear in mind you can get married (or engaged) even as a permanent resident and she can get a K-1 or K-3 visa.

Visitors can stay generally for up to six months in B-2 status in a calendar year. (The usual one for Canadians).

You can cross the border as often as you want!
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Steve.

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 1451
Location: North Carolina

Posted: Mon Jul 28, 2008 3:17 am

K1 and K3 visas ARE NOT available to spouses of US permanent residents, they're oly available to spouses of US citizens.

She could very well be turned away at the border if she comes to visit you in the US for extended periods. Especially if she has the baby with her, because she then has stronger ties to the US than she does Canada. Technically she has no home to return to (she lives with her parents, so she's not paying a mortgage), I'm quite certain that a US CBP will not understand the Canadian maternity leave laws, so they could assume she has no job.

Or she could be just waved thru.

And yes, if she goes back and forth even by land POE they can and will remember her if she's back and forth fairly often.

She can stay for up to 6 months per year, but if she goes back and forth too often (say every other week), they could deny her entry after just 3 or 4 visits, whether or not she has accrued 6 months or not.

All of it really is a crap shoot, and we all just have to take our chances unfortunately.
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Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1587
Location: Calgary

Posted: Mon Jul 28, 2008 8:33 am

Well he can do an I-130 for her if they get married: http://www.uscis.gov/files/form/I-130instr.pdf

He doesn't have to be a US citizen. But no, not for fiancées, I was wrong on that.
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Steve.

samof69
New Member

Joined: 27 Jul 2008
Posts: 9

Posted: Mon Jul 28, 2008 9:17 am

Thanks for your quick replies.

Quote: J-1 is easier for teachers than H-1B because of the quota, although teachers may be exempt from the quota if the job is at a university. There's also TN-1. Bear in mind you can get married (or engaged) even as a permanent resident and she can get a K-1 or K-3 visa.

I think J1 will be easier too. But do you need an offer letter to apply for J1? Do teachers fall under two year residency requirement? Does H1 cap apply when one wants to switch from J1 to H1?

By the way I-130 takes a long time. It may take up to 3 years for her to enter with that.

samof69
New Member

Joined: 27 Jul 2008
Posts: 9

Posted: Mon Jul 28, 2008 9:17 am

Quote: She could very well be turned away at the border if she comes to visit you in the US for extended periods.

Quote: And yes, if she goes back and forth even by land POE they can and will remember her if she's back and forth fairly often.

Quote: She can stay for up to 6 months per year, but if she goes back and forth too often (say every other week), they could deny her entry after just 3 or 4 visits, whether or not she has accrued 6 months or not.

All of it really is a crap shoot, and we all just have to take our chances unfortunately.

I think it is taking a chance But the whole bet is on the fact that CBP will not know for how long she is going to come for and for how long she stayed every time. That was my primary assumption. I think they don’t know when a Canadian citizen leave the country by car, cause there is no stamps on the passport. All they would see is that she crosses the border every couple of months or so. Which theoretically may also prove that she surely goes back to her Canadian ties.

Thanks again

ashley_n_h
CanuckAbroad Regular

Joined: 01 Apr 2008
Posts: 30
Location: Seattle

Posted: Mon Jul 28, 2008 3:00 pm

They may not stamp the passport, but they can definetly scan it in their computer. This happens to me most times when I cross by car if they lookat my passport. Not sure what kind of info goes in there, but I wouldn't count on them not knowing how often she's travelling.

samof69
New Member

Joined: 27 Jul 2008
Posts: 9

Posted: Mon Jul 28, 2008 4:34 pm

Yes they (US CBP) will scan the passport and will know how often she is traveling but I am assuming that they will not know for how long she is staying in the states. like I said, they will see that she is coming to the states every other month and 'visitation' for the baby might be a good reason to do so?