Visa Question

1bigguy
New Member



Joined: 12 Jan 2007
Posts: 1
Location: Southern Alberta

Posted: Fri Jan 12, 2007 11:44 am

 

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I'm a Canadian who is intending on marrying a US citizen later this year and also plan to relocate to the US. I've done quite a bit of investigating the visas requried for me to live and work in the US and feel I have a pretty good handle on that end of things.

The new wrinkle that I'm trying to figure out though is what, if any, visa(s) would be required for me to live in the US and continue to work in Canada.

I'm looking at a fly-in fly-out camp job so without the visa issue hanging over my head, I technically could live anywhere in North America and still be able to work for this Canadian company, in Canada.

Up until this latest job opportunity I was only looking at the requirements for obtaining a K-1 visa and applying for work authorization so that I could start up with a US company and later getting permanent resident status after getting married. This whole Canadian citizen, US resident, working in Canada wrinkle has me a bit lost in finding out what visa, if any, is needed.

I'll worry about figuring out the tax landscape later.for now I just need to figure out the visa side of things.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1488
Location: North Carolina

Posted: Wed Jan 17, 2007 4:30 pm

 

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Well, with a K1 you'd be stuck in the US until you adjust status, so no back and forth for you for probably several months after you get married, so that's out.

PLUS, the US doesn't particularly like it if you come here and apply for permanent residency and don't actually stay here to be a permanent resident. They could consider your back and forthing as such. Yeah, its done all the time, but its risky and they can revoke your status.

You may want to consider looking into the possibility of your fiancee moving to Canada instead.

If not, then look into the spousal CR1 visa. You'll have to get married first, then have your spouse petition for you and then apply for the visa in Montreal, but it comes with a work permit (EAD), which will be needed if you plan to be a permanent resident. Even if you're not working in the States. Plus, travel is allowed from day one, no need for advance parole (AP) and no need to wait.

But then again, you run the risk of them revoking your status if they feel you are not staying in the US as much as they'd like.
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