Easier to get a job in the US if married to a US citizen?

I've lived in Canada since I was two and I'm planning to move to the US in September to pursue my PhD. I'm a dual US/Canadian citizen. My partner (Canadian) plans to follow me at some point down the road -- likely a year from September -- and we are still trying to figure out how to approach this situation. I am wondering if it would be easier for him to find a job in the US if we were already married and his permanent residency paperwork was already in the process or complete? By the way, we've been living common law for eight years. I'm just wondering if it makes a difference to US companies considering Canadian applicants. Are Canadians who need work visas more of a burden somehow? Are they at a disadvantage? If he was a permanent resident, would that even the playing field somewhat between him and US based job applicants?

Also, I'm just curious about how long it takes for the paperwork to be complete, etc. If there's any other pertinent information I should be considering, please let me know.

Thanks!

Well, considering the US fderal government does not recognize Canadian common-law partnerships, if your intent is to sponsor your husband for permanent residency, you'll have to get married first.

For marriage based immigration information see http://www.visajourney.com

Unlike many, you have time on your side, and can use that time to your advantage, especially if u get married! Like Reba stated, USA doesnt recognize Common-law marriages. Take a look at VisaJourney (VJ) it has probably the best info on relationship style visas. Your best bet is to probably get married and DCF (direct consular file), that would give you the Cr-1 visa. if ya dont want to get married now, you could do the k1 visa, BUT you have to get married within 90 days of enetering

Why do I say time is on your side?? because the process doesnt happen over night! k1 takes anywhere from 6 -10 months! K3 (obsolete, but rwead up on it) can take 7-to wel over a year, same goes for the CR-1. BUT if you DCF, it is much faster, maybe 6 months. So read up on VJ, especially the k1, k3, Cr-1, and DCF forums. Each one has their own seperate forum. As well there is a canadian forum, where we tend to look out for our own,lol as there are soem jerks in the crowd.

To compare the k1, k3 and cr-1 look here: http://www.visajourney.com/forums/index ... ge=compare

But ut best bet is to DCF (cr-1) As you have the time, it costs less in the long run, AND she can work right away!! Plus if she has been working in canada, one can collect EI in the USA!! You can collect it on other viasas as well, but its much more clear with a Cr-1. Best of luck

The only real way of doing it if you get married is to file an I-130 for him and sponsor him for permanent residency. He wouldn't qualify for any kind of non-immigrant status because he would be married to a US citizen who would be resident in the US, so he does not have non-immigrant intent.

If he has a girlfriend who is a US citizen, that can cause problems if the subject comes up because CBP may think he has non-immigrant intent.

It would certainly be a major advantage to be a permanent resident of the US, because he could apply for any job and not be subject to the many restrictions that categories like H-1B and TN-1 have.

On the flip side it's important to note that becoming an LPR brings certain responsibilities with it, for example he must forever more file a US tax return and his tax home must be the US, because under the tax treaty a claim of permanent residency in the US is exactly that.

You must also as a US citizen file a 1040 tax return every year and a Form 2555 if you are resident in another country. In order to be able to sponsor him for permanent residency, you must provide copies of your US tax returns for the last three years, so if you haven't been filing 1040s, you need to get that sorted out.

You need to get it sorted out anyway if you haven't been doing it for your own benefit. The IRS usually requires seven years of returns if you've never filed.

It's actually quite simple to do, basically you declare your foreign income on Form 2555 (or 2555-EZ) and that usually means you declare zero on the 1040. You only have a problem if your income has been above the foreign income exclusion limit for the last three years, as they put a cap on it in 2006. For 2008 the limit is $87,600. So if your income is over that in USD, you will have to pay some US tax for the last three years.

Once he becomes an LPR, it's generally a good idea to remain in the US until he gets citizenship. A lot of people get into difficulties because they move to the US (or vice versa, move to Canada) become LPRs and then decide they want to move back, but want the option of moving back again at some point in the future. Well, maintaining LPR status is a pig if you live outside the country, and you have to file taxes as a resident of that country.

So if you're going to move to the US, make sure you're both okay with the idea of staying for several years at least.

Thanks for the replies thus far. I definitely do plan to stay in the US for at least five years, if not more. I am strongly considering getting married and sponsoring him for permanent residency...but the problem is that I will be in the US as a student and will not likely make more than 17K a year (I might make more if I get a fellowship, but there's no guarantee I'll get one). Is that likely to present a barrier to getting the application approved? I don't have any intentions of supporting him -- he wants to find a job before coming to the US...but we are just wondering if being married and having the paperwork in process for permanent residency will give him an advantage when he applies for jobs.

Read the instructions for I-864. You have to provide copies of your 1040s for the last three years that show sufficient income to support the person you're sponsoring. It has to be 125% of the poverty amount, which is detailed on I-864P, http://www.uscis.gov/files/form/I-864p.pdf

Looks as though you might scrape in.

Whether or not he intends to work immediately upon entering the US, you will still have to qualify as his sponsor, and show sufficient income to support him for the affidavit of support.