Moving in with my gf to the US - Both canadian citizens

Hello,

I have tried searching through the forum archive but have not found anything that can answer the questions for my situation.

Both me and my girlfriend are Canadian citizens with university degrees.
I have a good full time job here and she has recently gotten a job in the US with a work visa.

My plan is to quit my job here in Canada and move down to the States to try and find a job. I am aware of the 6 month visiting period, but the "immigrant intent" talk really scares me. I suppose I should not mention anything about a girlfriend when crossing the border.

And, if I do get through the border, is there any legal implications of looking for a job in the states while being a "visitor"?

Any other suggestions?

Thanks for any help.

Why would you quit your job and move to the states and then look for a job? That wouldn't make any sense. Your laying your eggs before they hatch.

While your girlfriend is in the U.S, you should stay in Canada, and look for work in the states from your present location. Once you find a job and the company is willing to sponsor you, you would then move down there providing you have the necessary requirements to obtain your own work visa. You should never go down there with immigrant intent and intentionally stay. It does you a disservice in the long run.

I would take things one step at a time, and at least wait until your gf's probationary period is up before you go down. I understand you want to be close to her which is nice but the most important thing is to do things sensibly. First, check to see if any of the professions under NAFTA fit your skillset and then take it from there...

Thanks for you fast response.

I work in the software field which is one of the categories fitting under NAFTA.
The sensible reason for moving down is that I think I may have a much better chance of actually getting a job if I am physically in the city.

I have had many employers who were interested in me but it is hard to co-ordinate when I am at the other end of the continent. Many were more than happy to interview me once I was in the city.

So, if I believe that I can find a job willing to sponsor me within 6 months.. is this doable?

Well from what I've read on the job boards, there are plenty of jobs that need to be filled in your field and many of them do sponsor. If you check out a job forum called indeeddotcom or craigslist there are recruiters in the forums that are actively looking for people. The only thing is they are restricted to certain states so it really all depends on what state your gf's job is in.

Right now as you know the economy is tough so sponsorship right now is very tight. They will look above and beyond for a US citizen or green card holder first before they consider a "foreigner" like you and I. However, I know many companies are willing to accept anybody qualified under NAFTA just not to sponsor. I say this because my husband is now on a TN as an instructor at a local college. When he said sponsor they said "NO" because of budget cuts. When he mentioned TN visa and explained the process, they said OK and who knows, maybe in the long run they will like him and decide to sponsor him. For now he is just happy to get the experience so any visa for him right now is fine.

As for being physically in the city, that may be true. But when you come back to Canada with the job offer and letter in hand, the officer will question as to what your original intent was during your last visit. Just something to keep in mind.

Overall, you might not want to bring "sponsorship" into the equation when seeking a job right at first. If they seem reluctant to sponsor, you will tell them of the option to get a TN, then when they're comfy enough with your work ethic, you switch to an H1B.

The doable part in a long stretch will be for you to look for a job, get the job, then for the company to sponsor even though the H1B quota hasn't been met. Nobody can guarantee this will happen within a 6 month period.

"My plan is to quit my job here in Canada and move down to the States to try and find a job. I am aware of the 6 month visiting period, but the "immigrant intent" talk really scares me. I suppose I should not mention anything about a girlfriend when crossing the border."

Wow, another good honest Canadian. Yes, Lie at the Border, move to the USA and then get a job. PLEASE...come through the Border between 8am and 4 pm so I can refuse you myself.

I come here to help people, but Im starting to understand that the only people who need help are those that Lie and try to get something they don't deserve. Good luck. Dremani, good advice, you right on.

It is illegal to enter the US for the purpose of looking for a job.

What status is your girlfriend on? Why not get married, then you'd be eligible for derivative status and you can stay there. Can't work though.

Given the economy in some places, you may not even find a job within 6 months, depending on the unemployment rates.

I work in the software field which is one of the categories fitting under NAFTA.

Well this is your first problem because in fact it's not one of the NAFTA categories, not explicitly anyway. Depends what you're doing with software exactly.

Thanks for all the responses everyone.

Right now as you know the economy is tough so sponsorship right now is very tight. They will look above and beyond for a US citizen or green card holder first before they consider a "foreigner" like you and I. However, I know many companies are willing to accept anybody qualified under NAFTA just not to sponsor. I say this because my husband is now on a TN as an instructor at a local college. When he said sponsor they said "NO" because of budget cuts. When he mentioned TN visa and explained the process, they said OK and who knows, maybe in the long run they will like him and decide to sponsor him. For now he is just happy to get the experience so any visa for him right now is fine.

Thank you so much for your response. Can you give me more information or some links explaining how the TN Visa is easier for the employer? I was under the impression that even a TN Visa is still considered "Sponsorship" and requires extra work to be done on the employers part.

Well this is your first problem because in fact it's not one of the NAFTA categories, not explicitly anyway. Depends what you're doing with software exactly.

I would be classified under the Computer systems Analyst category for the kind of jobs I am looking to apply to

"My plan is to quit my job here in Canada and move down to the States to try and find a job. I am aware of the 6 month visiting period, but the "immigrant intent" talk really scares me. I suppose I should not mention anything about a girlfriend when crossing the border."

Wow, another good honest Canadian. Yes, Lie at the Border, move to the USA and then get a job. PLEASE...come through the Border between 8am and 4 pm so I can refuse you myself.

I come here to help people, but Im starting to understand that the only people who need help are those that Lie and try to get something they don't deserve. Good luck. Dremani, good advice, you right on.

I don't see the need to get confrontational here. I don't plan to do anything illegal and my statement about the girlfriend was based on what I have read in this forum so far. All I am looking for is to know my legal options on how I can do this. I apologize if it came off as something else.




I suppose my ultimate question should be: Is there a legal way to be in the United States and be looking for work as Canadian citizen?

Thank you so much for your response. Can you give me more information or some links explaining how the TN Visa is easier for the employer? I was under the impression that even a TN Visa is still considered "Sponsorship" and requires extra work to be done on the employers part.

It's "easier" than H-1B or others because all the employer needs to do is write up a job offer letter for you to show to the CBP officer, and the fee is $50 (versus $1,000+ for H-1B). Also, TNs can be obtained right away at the POE (versus applying to USCIS by mail and waiting for H-1B).

I would be classified under the Computer systems Analyst category for the kind of jobs I am looking to apply to

Yes, but remember that this is a strict category in which to apply. You cannot be exclusively working as a programmer or you will be denied.

I suppose my ultimate question should be: Is there a legal way to be in the United States and be looking for work as Canadian citizen?

No. You can go to the US for a job interview if it has been scheduled in advance of your visit, but you cannot stay in the US and look for work. That's illegal. Sorry.

Thank you so much for your response. Can you give me more information or some links explaining how the TN Visa is easier for the employer? I was under the impression that even a TN Visa is still considered "Sponsorship" and requires extra work to be done on the employers part.

No problem. As for the links, you can visit Gramsmick's website or TN visa Expert. Gramsmick has been in business for years and has a huge FAQ section on the same questions you're asking in regards to the TN.

f777 wrote:
I suppose my ultimate question should be: Is there a legal way to be in the United States and be looking for work as Canadian citizen?

I don't see visiting the U.S. and looking for work at the same time as "Illegal". You're not physically working for any company. You're just looking for employment. However, where it gets tricky is the part when crossing into the U.S. the officer will ask what the purpose of your visit is. If you say anything else other than what your real intentions are, it may hurt you in the long run. It's really hard to tell you either way the "proper" way to go about seeking employment in the U.S.

See, I have a friend here in Florida who came to visit her boyfriend at the time and by fluke found employment with an insurance company as a Technical Writer. She had planned on going back to Canada to look for work but they said they needed a qualified Tech writer and would pay her XYZ amount of money. It was an offer she couldn't refuse. They offered her the job, wrote the letter for her, she went back to Toronto, received the TN with all her documents and kept renewing it thereafter until they finally petitioned for her greencard. She actually was approved for AOS to permanent residency about a month ago. She moved to Florida in '02. So it really all depends on the situation.

Do as much research as you can until you find the right answers. The right answers are usually the ones where people are giving you correct info and making sure the info is Legal!