possibly moving to US

So, there is a possibility that my boyfriend might be moving to the US (company would sponsor him for visa). I would want to go with him, but I would need to have a job. I know nothing about visas, et...

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

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embean
New Member

Joined: 13 May 2008
Posts: 2
Location: Canada

Posted: Tue May 13, 2008 5:31 am

So, there is a possibility that my boyfriend might be moving to the US (company would sponsor him for visa). I would want to go with him, but I would need to have a job. I know nothing about visas, etc, just that it is difficult to get a green card and everything. Is there ANY way I would be able to work (I am Canadian)?
Is there anything that would make this situation more advantageous (eg. marriage)?
I have a BA in Communications.
If I take a class or something at a college, could I get a student visa?
I would also be willing to undertake training, etc, in Canada for a profession that is likely to receive sponsorship? Basically willing to do a lot.

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1122
Location: Calgary

Posted: Tue May 13, 2008 11:05 am

Hmm. if you're not married you can't get a derivative, for example people on L-1B can take in their spouse on an L-2 and you can work on that. But you're not married so that makes you B-2 and you can't work.

So yes, marriage might help, but it depends on how he is in the US, because many types of derivative entry for spouses don't let you work. E.g. if he has an H-1B, you would get an H-4 as a spouse, but that doesn't let you work.

If you've got a BA then likely you would fall into one of the NAFTA categories if you can find a job related to your degree in one of those categories (TN-1).

If you go to college, then yes, F-1, and you can get employment authorization for optional practical training which lets you work for up to 20 hours a week in an occupation related to the course you're doing. Has to be a "full-time" course of study. Certain number of hours a week, I forget how many.

L, F and TN entries for Canadians don't require visas, you apply at the POE, with all the relevant paperwork and fees.
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Steve.

Helsley
New Member

Joined: 13 May 2008
Posts: 2
Location: Vancouver, BC

Posted: Tue May 13, 2008 1:04 pm

I'm in a similar situation: my girlfriend and I are planning on moving to the US in July. We both just graduated from university, I accepted a job in the SF bay area, and she's currently looking for a position that will sponsor a TN-visa.

If I move down in July, does anyone know if it would be legal for her to visit me for a month or two, and job hunt while down there? I'm finding the official visa/immigration sites to be impossibly obtuse.

Thanks for any tips!

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 1172
Location: North Carolina

Posted: Wed May 14, 2008 3:01 am

Canadians can visit the US for up to 6 months, however if she were to say to the border officials at the POE that she's going job hunting, it is very likely that she'll be denied entry.
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Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1122
Location: Calgary

Posted: Wed May 14, 2008 11:16 am

She can live with you on a B-2 entry indefinitely, there was some thread started on here the other day. Job hunting though is not within what is permissible on B-2. Co-habiting partners are not subject to the six-month limit, but you have to make clear to US immigration that is the situation.

This is the guidance: http://travel.state.gov/visa/laws/telegrams/telegrams_1414.html
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Steve.

Helsley
New Member

Joined: 13 May 2008
Posts: 2
Location: Vancouver, BC

Posted: Wed May 14, 2008 11:44 pm

Thank you for the replies, that's extremely helpful.

Is it actually illegal to look for a company to sponsor a work visa while visiting, or is it just difficult to get in because an intent to look for work is sufficient cause to deny entry (presumably on suspicion that the stay is not temporary)?

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 1172
Location: North Carolina

Posted: Thu May 15, 2008 3:10 am

If the POE suspects that someone is intending to stay beyond what they're actually saying and that they may be staying illegally and/or working illegally (or for that matter, taking any kind of job away from an American) they can and will deny entry.

Its not the looking for work that is illegal, they're not cops or lawyers. They're there to stop anyone they *suspect* is trying to stay in the country without proper immigration authorization. And even carrying a business card with you can cause them to be suspicious.
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