Cross the border to marry a U.S citizen and work?

[goodmapleleaf]

Hello everyone, please help and give an answer to my question so that I can make a right decision:

I am a Canadian citizen. Can I just cross the border and marry my American fiance and stay there and find a job? If I get a job offer while I stay there, do I still need to come back to Canada and get a TN at the border in order to work in the states?

Thanks a lot in advance for the help.

[oohmercyme]

You still need a visa. You can't just marry and move there to live/work.

Here is the link for visas for spouses of US citizens --> http://travel.state.gov/visa/immigrants ... _1315.html

Or you can try the TN visa if you are in one of the designated professions. However, you have to renew that yearly, so if you are plannng to stay in the states it makes sense to obtain a more permanent visa.

In theory, employers should not be offering you a job unless you have permission to work in the states.

Good luck.

[flames9]

What ur doing would be illegal! yes one can goto the USA and get married, BUT you have to go back to Canada. Thats what we did, and went the CR-1 process. Going into the USa and KNOWINGLY stay after the marriage is illegal. If you went intio the States and out of nowhere decided to stay that is different. Now how do you or USA immigration prove you knowingly stayed, could be hard to prove, or USA immigeration may care less,lol Prior to submitting the cr-1 paperwork, we consulted with an attorney in DC, and she said for me to just stay now!

There are a couple different "relationship" type of visas:
K1 = fiance visa (not married) Usually the fastest, 6-8 months process, Interview in Either Montreal or Vancouver (vancouver faster) BUT does not come with work authorization, wel I guess it sort of does, but doesn't, one needs an EAD, and not many POE give it out. K1 is a ONE time entry visa, u get married, then Adjust of status (AOS)I bel;ive u can't leave the USA until AOS is approved, which takes awhile. But u can file for Advance parole (AP)

K3 = marriage baswed, but no work authorization, but multiple entry. Usually quicker than cr-1, but no work authorization

CR-1 = Multiple entry, and work authorization right away! Soemtimes takes longer than K3 (but Mtl is soo backed up, its probably quicker) Only place for the CR-1 interview for al lof Cnada is Montreal

Good palce to find info on the K1, K3, cr-1 visa is visajourney.com Free site, check out the stickies on the top of each forum. Even examples of filled out forms, and step by step on the process! fastest route still takes around 6 months or soo. Best of luck

[goodmapleleaf]

Thank you all very much for the replies.

We applied for K1 visa last July. It's almost one year and the case is still pending due to background check. It seems the background check is never going to end. We have been apart for 3 years and just don't want to wait and go over any of those procedures any more.

Another question: What if my fiance and I get married in Canada and then I cross the border and stay in the states and apply for adjustment of status? Is it legal or illegal that way?

Appreciate your help.

[flames9]

Since you have already applied for a K1 they already know you,lol And if you just got up and mioved to the USA,that would be a huge no no, as one can not knowingly goto the USA and stay, which is what ur now saying. have you visited visajourney.com lots of info there--all legal of course,lol

Prior to my wife and I strated our cr-1 visa journey, we had a free consult in DC with an attorney. She told us for me to stay in the USa, get married and Adjust of status (AOS) which i could not, beecause I was in the Cdn Armed Forces at the time. Doing that way is a bit tricky, tad on the shady side, but if one enetered the USA and at that time had no intention of staying, then did, that would be ok. But with you already filing a K1, I would think, put an end to that,as you do have the intention of staying. As a canuck, you could stay in the USa for 6 months a year as a tourist, just can't work. have you contacted USa immigration. Better yet, get the USA spouse to contact his congressperson to get the ball moving. Explain the whole situation to him/her. People on visajourney have had success with that approach. Doernt hurt to try.

[Reba]

If you marry in Canada you are not eligible to adjust status in the US. It would be highly UNlikely that they'd even let you enter the country, considering the status of your current K1 application.

Wait it out is your best option. Pain in the ass yes, but in the long run, your best bet.

[goodmapleleaf]

You are right Reba. I guess I have to wait patiently for the K1 visa result.

Thanks a lot.

[flames9]

One can stil visit the USA while the K1 is in process. I visited my wife monthly whil eour CR-1 was in process. Many visit and have no problems, and yes soem do get denied, but many that do get denied entry, is becuase they did not bring any ties to Canada with them ( lease, letter from employer, etc) Just be honest, and answer their questions, but dont blab away,lol