Going to the US to stay for a few years but not work

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jtayl965New Member
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Posts: 5
Joined: 9 Jun 2009

Going to the US to stay for a few years but not work

Post Tue Jun 09, 2009 1:36 pm

My boyfriend and I are both Canadian citizens. He is getting a job in the US so I know he will not have a problem getting a visa but I am not so sure about myself. How do I go down with him if I am not planning on working? I know I can go for up to 6 months but what happens after that? We are planning to go for 3 to 5 years and then returning to Canada perminently. I know I will come home at least a couple of times per year during that time, I do not want to come home for a visit and then get denied entry when i go back down.

Any help greatly appreciated!
Julie
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axolotlCanuckAbroad VIP
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Joined: 28 Feb 2009
Location: New York City

Re: Going to the US to stay for a few years but not work

Post Tue Jun 09, 2009 2:07 pm

You won't be able to stay for longer than 6 months. If you do, you will be out of status. What did you plan on telling the border official when you first enter the US? If you tell them that you are staying with your boyfriend but you do not have a work/student visa, they are probably not going to let you in at all.
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jtayl965New Member
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Joined: 9 Jun 2009

Re: Going to the US to stay for a few years but not work

Post Tue Jun 09, 2009 2:15 pm

I do not know what I will say. But I am sure there are other people who go down with their spouses (married or unmarried) when they get transferred there or find new jobs there, I guess I am looking to find out what those people do/say.
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axolotlCanuckAbroad VIP
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Location: New York City

Re: Going to the US to stay for a few years but not work

Post Tue Jun 09, 2009 2:25 pm

If you're married, you could qualify for a dependent visa.

If you're not married however, that option is not available to you.
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jtayl965New Member
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Re: Going to the US to stay for a few years but not work

Post Tue Jun 09, 2009 2:33 pm

Common-law does not count?
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Reba

Re: Going to the US to stay for a few years but not work

Post Tue Jun 09, 2009 3:10 pm

No, the US does not have federal common-law.
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jtayl965New Member
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Posts: 5
Joined: 9 Jun 2009

Re: Going to the US to stay for a few years but not work

Post Tue Jun 09, 2009 3:24 pm

So what your saying is I'm basically hooped unless we're married?

I do not have any special skills or a Bachelors Degree (only a college diploma) so I do not think I will be able to get a working visa.
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Reba

Re: Going to the US to stay for a few years but not work

Post Wed Jun 10, 2009 4:02 am

basically yes.
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StevenCanuckAbroad VIP
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Location: Calgary

Re: Going to the US to stay for a few years but not work

Post Wed Jun 10, 2009 9:43 am

jtayl965 wrote:How do I go down with him if I am not planning on working? I know I can go for up to 6 months but what happens after that?


You enter as a co-habiting partner on B-2. CBP have the discretion at the POE to allow you to enter for up to a year, although it's very unusual to let you in for more than six months initially. Request an I-94 when you enter. Every six months you must renew your status by filing I-539 which costs $320.

Depending on what category your boyfriend is in, if you got married there are various dependent categories. TD and H-4 are basically the same as B-2 except you can study while on them and you don't have to renew them every six months. If he's on J-1 or L-1 you get J-2 or L-2 and you can get employment authorization in those categories.

Read this: http://travel.state.gov/visa/laws/teleg ... _1414.html

There is no visa for Canadians in B-2 (or most other non-immigrant categories).

-- Wed Jun 10, 2009 10:45 am --

jtayl965 wrote:So what your saying is I'm basically hooped unless we're married?


No, but you'll find renewing B-2 status tiresome after awhile, costs a lot and is a hassle, especially when re-entering as you have to repeatedly explain why you qualify for lengthy B-2 entries.
Steve.
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jtayl965New Member
Topic author
Posts: 5
Joined: 9 Jun 2009

Re: Going to the US to stay for a few years but not work

Post Wed Jun 10, 2009 10:25 am

Thank you very much!!
I knew there had to be something like this out there.
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