Going to Us to get married and work

Hi,

I am a Canadian Citizen (born and raised here). Two years ago I met someone in Michigan and now we want to get married. He himself is on an F-1 Visa (International Student Visa) becuase he is doing his Masters at Eastern Michigan University. He will be done at the end of 2009 which is also the same time his Visa will expire. He has an UAE birth certicate and carries a valid Pakistani passport.

Our plan is to get married April, 2009. Our plan is to only stay in US until he finishes his studies. As soon as we get married i will be sending in the application to sponsor him to Canada but i want to stay with him in the US until he finishes his studies at the end of 2009. I've been trying to find jobs in Michigan before we get married but the job situation in Michigan isnt the greatest right now so i'm not sure if i'll be able to line up a job before i go there to get married in April. I wanted to know if there is some sort of work permit or Employment Authorization Documents i would be eligible to apply for that will allow me to enter US and legally look for work there? I can not go to Michigan as his dependent because he himself is a student and does not have the funds to support me and also, i want to be able to work while i am in the US.

Also, when i am entering the US, close to the Date of when we are getting married, if I say that I am going there to get married, will I be able to enter or will they send me back? I dont have anything to hide and am trying to find out how can i go about the entire situation as legally as possible. I have no intention of staying in the US permanently for I am a Canadian citizen and it would be easier for me to sponsor him here, where at least one of us has some sort of citizenship. I"m assuming that if a am able to get some sort of Employment Authorization Documents then i wont even have to say i'm entering US to get married, i can just say i'm going on the pretense of looking for work?!

Also, what is the risk involved if my fiance comes to Canada in the summer to visit my familiy? I'm assuming the problem isnt him entering Canada but the chance that he may not be allowed re-entry into the US. HOWEVER, his F-1 Visa doesnt expire until the end of 2009 so is it really that great of a risk that he wont be allowed re-entry?! Is there any other document he can obtain or anything he can do to ensure he will be allowed to re-enter the US.

Anyways, i was hoping there might be people on this forum who have been through similar experiences who can help me out. I too will be posting updates as to what goes on so others can benefit from my experience. It all seems like it should be easy, but its such a run around trying to get the best/correct information.

Thank you all!

The only work authorization you may be able to get is either a TN or an H visa, BUT you have to find an employer willing to sponsor you for it first. If you don't have the qualifications for either the TN or an H visa, unfortunately your options are extremely limited.

You can go to the US as a visitor and stay for up to 6 months, but you can't work or do much of anything during the 6 months. If you have no means of support or sufficient cash for the duration, that usually isn't a viable option for most folks. Plus, the border officials like to see that you have funds to support yourself during that time, and they like to see cashy money, rather than debit cards or credit cards.

As for getting married, you shouldn't have too much problem with that actually. You're going to marry a Pakistani national, who has temporary status in the US, and if you have evidence of ties to Canada, AND if you have evidence that you intend to sponsor him to immigrate to Canada, they will likely let you into the US as a visitor.

You'd have to check the laws regarding multiple entries for the F1 visa. If it allows multiple entry, there should be no reason at all htat he would not be allowed back into the US with the valid F1. If it doesn't allow multiple entries, I'm afraid he's stuck where he is for the duration.

Also, as a Pakistani national, he may need a visitor visa to come to Canada. Check the CIC website for who needs visitor visas and who does not.

H visa is a distant visa in the sense that it opens on Apr 1 every year and oversubscribed on the very first day. Even if one gets it by lottery, work can start only in Oct of that year.

If your company has a branch in Michigan, then L visa is a much easier option since it does not have stringent classification or education requirement as TN or H visa. You get L1 and spouse also gets employment authorization.

Third possibility is that you take F2 dependent visa and look for job in Windsor Canada which is a commutable distance from Ypsilanti Michigan while you are in US. You can move both to Canada when OPT is completed. If he gets H visa after OPT, then he can spend Aug/Sept in Canada and return to H job from Oct of that year.

He has no problem visiting Canada while his I-20 is valid, if his visa expires before he wants to go back to the US then he would have to re-apply using his I-20 at the consulate.

From the sounds of it, I doubt getting a job for such a short period of time is realistic. Getting work authorization in the US is not a casual process and pretty pointless if you plan on moving back in a few months.

He can get work authorization though for a year using an I-765 application when his studies are finished.

You can certainly go to Michigan and visit him, however do not say you are "looking for work", this is illegal and you will be denied entry.

is that you take F2 dependent visa and look for job

F-2 cannot work. It only allows them to stay with the F-1 holder.