Questions

Here is my story. My fiance has a green card and is working in the states. I am aware that for an LPR to sponsor their spouse takes about 5 years so that option is out.

I am trying to find a way to at least live in the states (being able to work would of course be preferable) for the next 3 years (after which my fiance and I will be married and he will be a citizen). I've looked into a few options and was wondering which I might actually have a chance at succeeding with.

1. I was considering a TN but I have a 3 year Bachelor's in Mathematics (everything I read says a Bachelor's required but doesn't specify if a 3 year is acceptable, is it?)

2. If my fiance were to get a job in Bellingham, how often would he be allowed to come up to Canada and still retain his Permanent Residence status? Once a week, once a day, once a month?

3. I have experience in and would prefer a job as a Development Officer (fundraising), are there any visa's for this career?

I've read over this board, but couldn't find answers to these questions (I'm sorry if I missed something). Thank you.

1. Your bachelor's degree is acceptable for TN. You would have to find a job that matches a TN category and your education (like Mathematician or actuary). An H1-B would allow for greater latitude in getting a non-Math job.

2. There really isn't any limit, (I assume he is CDn, so would have no limit on coming into Canada). He would however need to be able to demonstrate tha the is living continuously in US, WA plates, WA job, WA home.

3. ?

Thanks for the prompt reply.

I would love to get an H1B but since I am newly graduated I doubt many companies would be willing to go through that much work for me (or am I wrong?)

And does that mean that as long has my fiance has a house/car/bank accounts in the US, he can drive up to canada every day (and yes he is a Canadian citizen) and still be allowed to apply for citizenship after his 5 years with a green card are up? Is there any website that has the regulations listed on maintaining LPR status? All I can find is that he can't leave the country for more than 6months-1 year, but as he returns every morning that wouldn't be a problem.

3-Year Bachelor degrees from Canada, China, and India are not accepted. If you have and present an extra year of high school such as Ontario Grade 13 before it was phased out, you should be fine anywhere with Grade 13 in conjunction with the 3-Year degree.

Some have had their 3-Year Canadian Bachelor's degree evaluated showing equivalence to a 4-Year American degree but unfortunately equivalencies are not permitted under TN, only for H1B Status.

Ah, returning every MORNING would be a problem, as this would not be 'living' in US. The CBP usesd the 'pillow' test to determine where you live. When the POEs would see him come down every morning, they would start to quiz him on where he lives (really lives: where his head hits the pillow). They could start removal proceedings to kill his GC. After all, he'd be doing what 100's of Cdn residents do every day: commute to work in US, and simply have a 'cottage' in the US. That isn't living in US.

to do this safely, he would convert his GC to a comuter GC, but this would not lead to citizenship until he returned to live in US.

So, coming to Cananda on the weekends would be fine; any more than that, he would be considered living in canada and jeopardizing his GC. He would also be considered a Cdn tax resident.

-- Wed Sep 23, 2009 12:53 pm --

Sorry MC, Bachelors degrees are indeed acceptable.

Is there anywhere that has proof of if a 3-year bachelor's is acceptable? I'm getting confused at this point.

All nafta documentation states "Baccalaureat" required. You have that.

Consider, do you really think a govt would agree to a treaty in which the major criteria for admission, a bach degree from that country would not be accepted?

And degree equivalences are accepted at POE for TN , for non-north american degrees-- not that you need one, since you have a CDn bach degree.

Is there anywhere that has proof of if a 3-year bachelor's is acceptable? I'm getting confused at this point.

It must be a Canadian 4-Year Honours degree to be accepted. Alternatively, a 3-Year Canadian degree in conjunction with Ontario Grade 13 will qualify. A DHS Inspector who knows the regulations well won't accept a 3-Year Bachelor's degree on it's own although I suspect it happens often.

Back in the old days, most U.S. colleges gave advanced standing to applicants holding Grade 13 and a Canadian 3-Year Bachelor's degree, they were admitted directly into MS Programs in the States. That practice stopped when Grade 13 was phased out but the benefit remains for the purposes of obtaining TN Status.

MC, I think you are mixing H1 requirements with TN.

I've never heard of a Cdn bachelor degree being rejected for TN.

-- Wed Sep 23, 2009 3:24 pm --

... and being from Ontario has nothing to do with it.

Nelson, believe me, I would not have posted it if it were not true. Evidently, 3-Year Bachelor's are not accepted and you know I am just a bit of a legal guru,

You are correct of course with respect to equivalencies for TN. Foreign degrees are evaluated all the time for purposes of TN. I did not mean it in that context. I really meant you cannot take a degree and a certificate and make a degree out of it for applying under TN.