Visa for Common Law

Hi all, Just curious my b/f of eight years has recently been given a H1B. Previously he was in the States for three years under a J1 During that time I stayed in Canada and visited him every month (s...

Visa for Common Law

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

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CanadianFisher
New Member

Joined: 02 Jul 2008
Posts: 1
Location: Arizona

Posted: Wed Jul 02, 2008 1:25 pm

Hi all,
Just curious my b/f of eight years has recently been given a H1B. Previously he was in the States for three years under a J1 During that time I stayed in Canada and visited him every month (so technically not common law anymore). Can I move down to be with him under a tourist visa (B2) and then get married down in the to get my H4? Or would it be better to get married in Canada? Would that mean I would have to return to Canada for a period of time while they change visas? Has anyone tried any of this? Also should I admit at POE that I'm moving to the US to marry my Cdn b/f or will that raise alarms?
Thanks for any advice

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 1174
Location: North Carolina

Posted: Wed Jul 02, 2008 2:56 pm

Well, you can't "move" to the US without first having a proper visa, so if you arrive at the POE and say you're moving in, they'll turn you around and send you right back to Canada.

When does your boyfriend get his H1B? If you get married in before or while he has the visa, you are eligible for the derivative spousal visa that'll allow you to stay. BUT you can't just "move" before you have your visa.

What province do you currently live in?
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