Working in Canada while living in US

[neiks]

I am a Canadian citizen that will be marrying a US citizen. I will be continuing to work in the Canada as well as maintain a residence in Canada. My future husband will also be doing the same in the US. Any suggestions on how to go about the immigration process? Our primary residence will be the US as this is where our future children will be raised go to school, etc. With a fiance Visa how do I maintain working in Canada everyday if I can't leave the US? What about taxes? I will be paying income tax and property tax in Canada. Does anyone have any similar circumstances??

[Reba]

You can't do this as planned with a fiancee visa. Once you enter the US with a fiancee visa, you must be married within 90 days and then you can't leave until after you've applied for Adjustment of status and Adavance Parole (travel document). This can take anywhere from 6 months to 8 months to receive your AP, and then up to 2 years before your adjustment is completed and you're given a condidtional green card.

You'll just have to bit the bullet and quit your job in Canada and move to the US entirely. Or have your husband move to Canada. With a K1 fiancee visa you cannot come and go as you please.

have a look at www.visajourney.com in the FAQ and Guides sections for info about the K1 visa. Its a marriage based visa community with lots of information and people there who've been going thru this very thing.

Any other questions, PM or email me, I've been doing this spousal immigration crap for about 4 years now. If I don't know the answer, I can certainly point you in the direction of where to find it!

[neiks]

Thanks for the reply.

Quiting my job is not a option - nor is my husband moving to Canada. Living legally in the US isn't even the concern for me as I do not care to "work" in the US or benfit from any of the US's wonderful social services, medical or old age security. Crossing back and forth across the border is not difficult as long as I will always maintain my residential ties in Canada. The only reason I would consider eventually applying for US alien resident status is for family reasons. Easier for both parents to live in the same country rather than explaining to junior that Daddy lives in the US and Mommy lives in another country. And who knows what crazy new law the US may put into place in the future regarding cross border travel.

What about the K3 Visa? Can we get married then when I'm ready to move then start that process? Does it matter where we get married? Can we get married in the US, then in a few years time I can apply for the K3? Any insite on that one? If I learn anything in regards I'll update it for anyone else that may be in this situation.

CHEERS!

[Reba]

the thing with going back and forth all the time however is that eventually US border patrol WILL deny your entry and bar you from the country. I know of a few people who this has happened to recently and they've been unable to see their spouse/fiancee until they got a visa and moved to the US permanenty.

K3 visa you could do this for a limited time only, as it expires after 2 years. And even with that, the chance of them allowing you to continue back and forth for 2 years is also a chance that they will deny your re-entry and bar you from the country pending your decision to apply for an immigrant visa and settle in the US. This has also happened.

Sucks yeah, but you'll just have to make up your minds to either live in Canada together or live in the US together. There is no "back and forth" visa, and even with a visa you can still be denied entry if the border patrol deems that you are not using the visa for its intended purpose or usuing it fraudulently.

You may want to speak to a competent immigration lawyer, or even call the border patrol and ask them, I am neither and just passing on information that I've learned from reading other's experiences.

[neiks]

Thanks once again for your imput. I have done my research and think that the K3 visa will be my best choice for me. Understandibly th K1 fiance visa is the best option for those that what to get into the US quickly to live and start working right away.

In regards to "going back and forth" -travelling frequently across the border is not grounds for the US officials to deny you entry. IF this was the case then the casinos and business near the land borders would be empty.
[b]What gets people denied entry and banned from the US is LYING OR being DECEITFUL to the officials[/b]. Reading through some of the other fourms and seeing some of the suggestions and "advice" of others to "tell them this or that" and "don't tell them that" is being deceitful. My advice to everyone out there DO IT LEGALLY AND TELL THE TRUTH or you will eventually get caught in a lie and risk your legit chances of getting to where you want.

[Reba]

but you can also be denied entry for using a visa for purposes other than what they are intended for. As the K3 visa is intended for a beneficiary to settle in the US and apply for permanent residency, then you are in fact being deceitful in going back and forth.

And yes, frequent visits for whatever purpose CAN and WILL cause you to be denied entry because eventually they will consider that you have no intentions to become a legal permanent resident, as is required of a K3 beneficiary. I've read more than one account of people this has happened to. And for the stupidest of reasons as well.

Up to you, go ahead. But I personally just can't see how a job is more important than a marriage. That's all I'll say. *shrug*

[neiks]

It was never my intention not to ever take up residency in the US. I just don't want to have to do it now or before we are married via a fiance visa and then not be able to travel outside the country.

Once again, people do not get banned from the US or Canada for that fact - for frequent travel back and forth. There are thousands of people that commute each day across the border for work. Large ports such as Detroit/Winsor even have special lanes called NEXUS lanes to facilite in this commuter travel.

I am not planning on using a K3 Visa "fraudently" IF this was the case why would I even apply for one. I don't need a Visa to cross the border to visit. Getting a K3 Visa would only be for the intent of eventually taking up legal resident.

YES, My job is worth it! And so is my relationship!

[neiks]

Reba:

Thanks for the referal to Visajourney.com.

Lots of Info and helpful people!

Cheers