Marrying Moving Kids and everything else

[m.travis01]

Hi and thanks for the welcome! Well like everyone else i am about to wade through the mire that is called moving to the US.
I am a Canadian and engaged to an American and we hope to tie the knot in August of 2010.We are wondering if its best to marry in the US or just at the darn Peace Arch to accomodate the families who dont have passports and is that at all considered legal? I have a 12 year old son as well.and cant seem to find any information on what happens with him. ie: can he attend school there and what types of forms are necessary that apply to him.
I have read that a fiance form is the best option for us and also wonder if i am able to commute and keep my job here if a residence is maintained as i would also like to keep our healthcare. I know i know-- i want it all! Would that then mean the filing of two tax reports as well?
Oh yes and how soon should we begin this process?

[Reba]

You can't keep your provincial healthcare if you are no longer resident in the province. It is illegal, and you could be fined for any charges incurred for medical care after you leave.

As for the fiancee visa, you will be unable to leave the US for several months after you get that, so commuting to continue your job in Ontario is not possible I'm afraid.

You could get married now, and then start the process for the spousal visa called CR1 (your child would also get derivative status with this). This visa typically takes about 1 year to complete the process, and you are eligible for work as soon as you move to the US (after a couple of weeks it takes to get your SSN).

For marriage based immigration to the US see http://www.visajourney.com ALL the information you need is there. Guides, example forms, forums, step by step instructions etc etc

[Steven]

Yeah, get married now and he sponsors you on an I-130 and get a CR-1 visa, then you get LPR status immediately when you enter.

Once you become an LPR your tax home automatically moves to the US as the US considers LPR status as making you resident under the tax treaty. Once you have LPR status you could commute to a job in Ontario, but it's not really practical on a K-1 fiancée visa because you have to do AOS after you enter which takes several months first.

Because your tax home automatically moves, to avoid dual taxation you need to cut all residential ties to Ontario, which means OHIP, get your DL changed, and if you carry on working in Ontario you need to file a new TD-1 with your employer that says you're non-resident. Even with all that the CRA may still deem you resident, as a Canadian citizen with a job in Canada so it's not really a long-term option.

You'll also need to file dual-status in the US next year, read IRS publication 519.

[m.travis01]

Thanks for all the great information!Just to clear the record I actually live in BC, my fiance in Washington state and we are only about an hour or so apart. Ive done even more researching and am now wondering if we can go ahead and get married as planned and continue to live in our respective countries and take advantage of the 'tourist 6 month' rule until we are ready to take the K3 spousal path. Now is it important as to 'where' we get married? Meaning because I am eventually planning to move stateside must we get married on American soil?

[Reba]

Nope, doesn't matter where you get married. But once you're married crossing back and forth on a regular basis will become more and more difficult. Ties to home country are more difficult for them to believe when your spouse doesn't live in the same country as you.

I serioulsy would not bother with the K3 at all. It is not work authorized, so once you get it you will be unemployable in the US for a few months. Plus, you have to apply to adjust status to permanent resident. CR1 however is permanent resident off the bat, and work authorized.

Again, see the Guides at Visa Journey. All the info is there.

[coolTechno]

hope you will have a hassle free move