New US Immigration Forum!

[NinaLou]

I have a question on the L1B visa. Do Canadians need to go through the labor certification process or are they exempt because of NAFTA? Normally people from other countries have to do labor certification for L1B (not L1A)?

[Reba]

I never needed any labour certification for L1B. All I needed was specialized knowledge of the company. I've never heard anything about labour certification for L1B transfers.

[tugbboat]

Maybe someone here can help me. Here is my post:

I know many of you have probably researched this and replied but I hope you will still help and reply to my post. I would really appreciate it.

Here is my situation. I got engaged back in May when I visited my then boyfriend in the US. I am a canadian citizen and he is a us citizen.
We got engaged and I went back to canada. I then moved a lot of my stuff down but never told immigration or anyone at the border that i was moving. I came down to the states and stayed under 6 months which i know is the maximum you can stay without me being illegally here. We started planning our wedding for august of 2009.

The thing is, we just went back to canada together for the holidays and when i tried to get back across the border to the us i had major issues and they almost didnt let me through. they told me i can stay in the US one day and to come back. the thing is, i have been told by many people that if i go back to canada, they more likely wouldnt let me back in the us so i decided to stay longer than the day and go back "home" where i basically shipped all my stuff and have been living.

We don't know what to do. Me going back to canada and waiting for the paperwork to go through before me moving here is not an option.
There has to be something that I can do!?!

We are about to go and get married before our official wedding in august so we have a marriage certificate and hopefully that way can do something. I am not working in the US but want to apply for a social security number. I have a job where i work from home so i can live anywhere in the wold and do it.

I am just really scared and dont want to get deported. i know that there has to be a way to do this. If i go back to canada, they won't let me back in. I changed my whole life around to come here. I gave up my job, my apartment, sold most of my stuff and bought new stuff when i came here. I can't just go back.

I know this might be a bit confusing. Basically, do I go and marry him and file some paperwork to become legal? I do not want to go back to Canada and wait 15-18 months or whatever the amount of time is.

Our official wedding in august is all booked and people have bought flights to come to it. I can't just cancel my wedding.

I understand a lot of people sneak across the dang border and marry just to get citizenship but I am not one of those people. I just want to marry my fiance, why is it so hard?
I've been doing so much research before even coming here and it's impossible so I just took the risk and moved here having faith that everything will work out and find a way to make it work so i can be legal. I can't be the first person ever with this situation!? I'm sure somoene else has gone through it and found a way to make it work without having to move back to canada.

Anyone that can help, i would really appreciate it.

[Reba]

You should have done your research before you started moving all your stuff across the border. Basically, you've entered the country illegally, with intent to stay.

You *could* get married NOW and apply for adjustment of status, HOWEVER, you do risk being denied because at your last entry you basically lied to the border officials, and there is likely record of that. Applying for adjustment of status from a tourist status (btw, it is illegal for you to work from home in the US for a Canadian or other employer if you do not have US work authorization) if you severed ties to your home country before your last entry could result in deportation and being banned for life. If that is something you want to risk, go ahead, get married and then apply.

If it is NOT something you want to risk, leave the US and go back to Canada and start the process properly. You can either get married now in the US and return to Canada and do the CR1 spouse visa, or you can return to Canada unmarried and do the K1 fiancee visa.

For more detailed immigration information go to the website Visa Journey. ALL the information you need is there in the forums and in the Guides etc etc etc...

I wish you luck.

[sovrgn90]

sorry if this one belongs somewhere else, but I have a variation on this situation.
As a Canadian citizen, living and working in Canada currently, I am wondering about moving/purchasing a home in the US while still working in Canada
I am being relocated to St. Catharines ON, for work, which is very close to the Niagara Falls/Lewiston, NY area. In looking around, I have noticed that homes are much cheaper on the US side, close to the Queenston/Lewiston Border crossing - all in all with the crossing it is still only about 30K to this office from there.
Although NY prop tax is incredibly high for the value of the homes, I am still considering the concept of buying a home there and commuting across to the office - Lewiston NY is a lovely little town on the Niagara river.
but I am wondering about Health care, taxes, residency issues etc.
I don't think I would be on the hook for US income tax, as i will not be working there, and I am salaried in Canada so all that is deducted up front.
not sure about the rest of it all though
and that bridge crossing can be a nightmare whenever Customs on either side gets excited about something.
I am really amazed at the prop tax - up to 3-5 ooo on a home worth only 120-140K. That's much more than on the Cdn side comparitively. But i guess it substitutes for lower sales tax etc.

[Reba]

You'll need some sort of residency visa to allow you to live on the US side.

[poohen]

Heres my situation, I am a Canadian citizen and my boyfriend is an Us citizen.
I want to move there, but after looking at every single site online they all give me different information. I have an canadian passport and from what I read I can stay up to 6 months in the US. but is that per visit or per year?

I know I cant move there just like that, We are thinking about getting married, but the processing time for that paper work is longer than the time I can stay in America. like the user previously said, should I overstay and change my status once I get the paperwork back? or go back to Canada and might not be able to come back in the US.

Also, is there a Petition or a way to get sponsor for him to pay for EVERYHTING. I will not be working. Is that even possible? Him to sponsor me to become an immigrant of the Us? should I apply from Canada or once I am over there?

Anyone has a solution for me?
Thank you very much for any helpful information.
Its getting really stressful.
Thanks for the help.

[Reba]

For marriage based immigration information to the US see http://www.visajourney.com