Marriage Question

Here is my situation. I'm a recent grad, still on OPT working full-time for a U.S. company. I live at the Windsor/Detroit crossing so I currently commute back and forth for work. I just recently go...

Marriage Question

Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

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chettana
New Member

Joined: 28 Feb 2008
Posts: 6
Location: Windsor

Posted: Wed May 28, 2008 7:02 am

Here is my situation. I'm a recent grad, still on OPT working full-time for a U.S. company. I live at the Windsor/Detroit crossing so I currently commute back and forth for work. I just recently got engaged to an American citizen. My OPT expires in January of 2009 so I have some time. However, I'm looking to get the immigration process started by summer.

I'm in the process of looking for an immigration lawyer in my area. What types of things should I be concerned about or what questions should I be asking?

What are the typical immigration lawyer fees?

Does anyone know if I'll have to stop working while I go through this marriage process?

Also, I just paid off all of my credit cards but still have a substantial student loan with OSAP. How will my debt play a factor in all of this?

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1662
Location: Calgary

Posted: Wed May 28, 2008 9:01 am

There's no point in hiring a lawyer for a straightforward application. Lawyers are only needed if you're in a custody battle or claiming political asylum or something unusual.

All the instructions are on the State Dept. website: http://travel.state.gov/visa/immigrants/types/types_1315.html

Or do a search on "K-1 visa".

Your debt really isn't all that relevant for immigration purposes. Might screw up your taxes though, as soon as you get permanent residency in the US your tax home automatically becomes the US, which means you must sever all residential ties to Canada to avoid dual taxation.

That bit is basically obvious but it can mess up tax credits you may have in Canada related to study as you can no longer claim them. Equivalent tax credits in the US may not help you as the debt was incurred in Canada at an earlier date.

Now that you may need professional help with, from someone specialising in cross-border tax issues.

This will give you some insight into the tax issues, it lists all the relevant tax publications: http://www.cra-arc.gc.ca/E/pub/tg/p151/README.html
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Steve.

kevinlg
CanuckAbroad Regular

Joined: 04 Dec 2007
Posts: 60

Posted: Wed May 28, 2008 12:26 pm

Hey,

If you want extra time, I think they extended OPT for another 17 months.
Some restrictions apply, google around you will some information.

One restriction that I am aware of is the extension applies to people in Science, Engineering.

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 1495
Location: North Carolina

Posted: Thu May 29, 2008 3:13 am

For information and help with the K1 visa, go to www.visajourney.com tonnes and tonnes of folks there, including lots of Canucks, who've been thru the process and can help you out. Also there's example forms that you can check out while you're filling in your own forms. No need for a lawyer, they're a waste of money for K visas IMO.

The forms are also all free to download from the USCIS website, so you don't need to buy a "kit" anywhere either.
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READ ME FIRST!! Immigration Information for Canadians who want to move to the US for any reason.

chettana
New Member

Joined: 28 Feb 2008
Posts: 6
Location: Windsor

Posted: Thu May 29, 2008 12:15 pm

Since I'm on OPT and currently commuting back and forth for work in the U.S., will I have stop working if I apply for a K1 visa? I really don't want to stop working, is there anything around that?

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 1495
Location: North Carolina

Posted: Fri May 30, 2008 3:19 am

I'm sorry I don't know what OPT is so I can't answer that. However, if it is a visa thta allows you to work and come and as you please, then no, having a K1 petition in with your name on it shouldn't (nothing is guaranteed with immigration!) affect it until it expires. Once it expires, if your K1 is not completed, you may not be able to renew or extend your current status.
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READ ME FIRST!! Immigration Information for Canadians who want to move to the US for any reason.