So, you want to move to the States eh?

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

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.

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.

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

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!

I can't make up your mind for you, but you can either get married tomorrow and file adjustment of status asap, or you can go back to Canada and wait on some other sort of visa to happen.

What I'm afraid of is I think it takes 90 days to get an EAD for work authorization.

If I got married tomorrow I will only be in the US 30-45 days before I have to be on the Canadian or American payroll. At that point I would have to go to Canada to ensure future employment in the US. If I go to Canada, work while there and then return, my job will wait for me. If I stay in the US for the 90 days I forfit my job.

I did read this though...

Can my spouse leave the United States, and then re-enter, before receiving the Green Card (conditional permanent residency)?
A...The spouse cannot re-enter the US unless they have "advance parole" authorization (application form I-131). Advance parole allows you to re-enter the US before approval of Adjustment of Status. Without advance parole approval, leaving the United States is considered an abandonment of your application for Adjustment of Status. Without advance parole approval, the USCIS (INS) will consider you an intending immigrant without a valid visa, and you will be denied entry. If you do not apply for advance parole when you file for Adjustment of Status, contact your local USCIS (INS) office to find out how long it takes them to issue Advance Parole. Although advance parole is supposed to be issued to anyone who wants it for any reason at all, some local USCIS (INS) offices may take weeks or months, and may require proof of a serious emergency.

I'm trying to find an answer on this... Could I get married, file for adjustment of status then get advanced parole and head to Canada.

While in Canada I could be on the Canadian payroll. I would stay there the remainder of the 90 days and then return to the US when I had an EAD.

Would you know if something like this is possible? I have posted this on visajourney as well and am hoping someone can answer.

Advaced Parole, IF granted, usually takes aboy 90 days tp process as well.

Reba,

Thank you so much for your help.

I spoke to a immigration attorney today. We had a long conversation and she told me to plan on this:

1) Get married
2) File the paperwork for an EAD and advance parole
3) Travel back to Canada and resume work there to keep my job
4) Stay in Canada the amount of time needed for the EAD and AP to get approved
5) When the EAD and AP are approved return to the US (about 90 days)


Does this seem alright to you?

I asked her about leaving during the EAD and AP process and she told me that the issue is returning to the US without them. She said that as long as I don't try to return without the AP I would be alright.

Thanks again for you help.

no no no no!

DO NOT LEAVE THE COUNTRY BEFORE YOU HAVE AP IN HAND! EVER! NOT EVER!

If you leave before you have your AP, YOU WILL NOT GET BACK IN!