So, you want to move to the States eh?

[jeffd11]

I am a US citizen and my wife (we married may 2008 before we started paper work) is a Canadian Citizen. I am sponsoring her to get a green card and we are about 6 months into it. I live in California she lives in Ontario until paper work is approved except for some visits back and forth.

I am concerned about her loosing OHIP when she comes here. The plan is for her to retire from CBSA (she qualifies now for early retirement) when the application is approved in maybe another year.
It should not be a problem at first because I can add her to my company med plan but she is a diabetic and has some big medical expenses so I really don't want her to loose her Canadian medical.

I have probably another 10 years before retirement and I was thinking it would make sense for me to get a dual citizenship so we could travel back and forth without all the 6 month restrictions as we both have grown children in our home countries.

Is this thinking realistic. I know if she comes here full time she will loose her OHIP. Is it possible to get it back is we go back there or maybe transfer to B.C. and have two homes. I am trying to figure out what our options are here.
Thanks, Jeff

[Reba]

She cannot be a resident of both countries. In order for her to keep her provincial health care benefits, she has to be resident in the province. Once she moves to the US with PR status, she is no longer a resident of Canada/Ontario, and not eligible for OHIP. It is not legal to continue to receive benefits from provincial healthcare if you are no longer resident. If they find out that you have been illegally using benefits, you could be liable for all costs incurred.

See the provincial healthcare website for deatails.

In order for you to get citizenship of Canada, your wife would have to sponsor you for a spousal visa, and you would have to be living in Canada as a PR for 3 years before you can apply for citizenship.

[Canuckgal]

Thank you for the post After much confusing websites that I've gone to for aid, I'm glad you put out those links for us fellow Canucks

I am Canadian and am planning on moving to San Fran in October to live with my man, eventually husband. Is it best to not tell the 'border people' what my intentions are? I would like to take the most smart and legal approach, but still want to come back to Canada to see my family. We plan to marry by next year, but I don't know the proper steps to take so I won't be denied access back to my homeland....I do plan to work there, but not for the first couple of months at least. I will be leaving my comfy lil' cozy job and throwing it to the wind to start new...

Canuckgal

[Reba]

You CANNOT just show up in the US and intend to stay and get married. That is NOT legal in the least. And you certainly would NOT be able to work if you did it that way!

Lying to border officials is NEVER a good idea. They will catch you in it eventually. And if you show up at the border in October to "visit", and you've quit your job in Canada and given up your abode and have no ties to Canada, you ain't gettin in to the US I'm afraid. They just won't let you in. Even if somehow they *do* let you in, and you stay indefinitely, decide to marry a few months down the road, and then apply to adjust status, your AOS application could well be denied because you entered the country illegally with intent to stay without benefit of the proper visa.

Please see the forums at http://www.visajourney.com for ALL the information you will need regarding marriage based immigration to the US. What you're planning is not entirely legal, and could well end up with you deported and banned from the US.

[js66]

HELP!

I'm a canuck who's been in the US for almost 8 years on TN Visas. I have a long term girlfriend here and we live together. We are looking at getting married some time this year.

To complicate things I have been given a promotion of sorts at work. Technicaly I will be switching companies but my job basically stays the same. I would be moving from a contractor company to a company employee. The catch is I have to have a green card or I have to work from our companies division in Canada. The company doesn't want to sponsor anyone. The company employee deal should come with better benefits and better pay and would be great for me and my future wife.

I talked to the manager who is hiring this poisition and it has to be done relatively soon. Even if I got married tomorrow I don't think I would have a green card by the time the job starts.

As I mentioned I live in the US right now on a TN Visa that expires this summer. What would be the best way to do this?

- Should I get married in a small (legal only) ceremony asap? If so, I imagine I would still have to go back to Canada when I took the new position at work. I don't think I could get a green card before the new position started. I'm not sure if I could be on the american payroll at that point so I'm not sure how work would deal with that.


- Should I take the new position but in the Canadian office and move back to Canada? Then while in Canada I'd have my girlfriend file to bring me over as her fiance. Then I would work in Canada and transfer over to the US when I had a green card.

Which one of the two is better? Is it easier to get married and get a green card while here on a TN? Would I be able to come and visit from Canada while waiting for the paperwork to get done?

Obviously I'd rather stay here with my girlfriend the entire time but what is the best way to do this and still be employed by my company while doing so?

Any help or suggestions would be greatly appreciated.

[irakon]

Isn't it easier to get married and apply for GC? I believe you get a work authorization in about 3 months after applying for a GC, so you could legally work in the US while your GC is getting processed.

[Reba]

Marriage based immigration info at http://www.visajourney.com

Don't do the K1 fiance visa, you will not be able to work for a few months after you get that.

Get married now and apply for adjustment of status is probably your best option, as mentioned above, you would have an EAD usually within 90 days.

Again, see Visa Journey for all info and options

[js66]

Reba,

After a few meetings.. the only option I have of getting this company position is to be on the Canadian payroll in about a month. If I get on the Canadian payroll I can transfer to the US without issue later as long as I am legal to work in the US.

I currently am on a TN visa but it will expire in late June. Can I still get the adjustment of status if my TN is set to expire before I would officially receive an EAD? I imagine if I got married this week the earliest I would be able to get an EAD would be July.

Thanks again for your help!