Living in U.S. but work in Canada

[gcho 0]

Hello,

Have been reading through this Forum and there is some amazing information on here, kudos to all the members.

Me a USC living in Michigan working as a firefighter having 3 1/2 years till retirement, my Canadian girlfriend is a flight attendant that travels in and out of the USA as well as other Countries. No minor children.

We live a half hour drive across the border from each other currently and cross often.

My question would be what is our best option if we wanted to live together and or get married. From what I have read it appears that once the K1 process starts she is restricted on border crossings, which then she would be unable to work which is not an option. If we lived together could we live six months in each country or could she live in the States and return for work?

Is there a way to work through the process and still legally cross the border as we do now?

I am sure this has happened with our close borders and interactions we are both gainfully employed and would like to keep it that way.

Any input would be appreciated,

Thanks,

Gary

Edited December 18, 2011 by gcho

[Inky 1,110]

You would need to marry and file a CR-1. This will get her the green card on entry and she will have no travel restrictions and it wont hinder her job or working.

You cannot live in the USA 6 months and in Canada 6 months this is not legal. You will be caught and you can as a Canadian get a life time ban from the USA by doing this.

[Darnell 8,478]

Ya, there's a pilot round here, home tarmac in Canada, that has this exact same problem.

[GnBnL 50]

Can someone direct me to the info of restricted border crossings? I've never heard of this. Is it just because she travels across the US border so often? I'm just curious....

[hikergirl 277]

There isn't really a restriction per say on crossing the border once the immigration process begins.

The burden of proof is on the Canadian Citizen however to be able to show their ties to Canada when crossing into the US. They should carry proof that they are not attempting to immigrate illegally with them when they cross, like lease agreements, paystubs and/or letters from company saying they are employed, utility bills etc.

There is a chance each and every time we attempt to cross the border that we will get refused, you just have to show that you are not attempting to circumvent the system and have a backup plan in place.

[Udella&Wiz 325]

You would need to marry and file a CR-1. This will get her the green card on entry and she will have no travel restrictions and it wont hinder her job or working.

You cannot live in the USA 6 months and in Canada 6 months this is not legal. You will be caught and you can as a Canadian get a life time ban from the USA by doing this.

I agree with Inky - the CR1 means marriage first and then living apart (like now when you're dating)while you file your immigration paperwork (assuming you intend to live in the US). You can continue to visit one another during the process and once approved she has her GC on entry and doesn't have to worry if she needs to return to Canada for work.

She can eventually become a dual citizen after 3 yrs of marriage and then perhaps you would consider moving to Canada at that point so you can become dual as well.

[Kathryn41 3,205]

The travel restriction would actually happen after the K-1 has been used. Once she uses the K-1 to enter the US, she cannot leave the US until after she receives either travel permission known as Advance Parole (AP) or her green card. The AP takes between 2 to 3 months after the AOS application has been submitted which can't be submitted until after marriage in the US. The green card can take anywhere from a few months to two years. So, a K-1 is not a good option for her.

The two of you could get married and she could apply for a CR-1 spousal visa. It takes about the same time or a little bit longer than the K-1, she would still be able to cross the border to visit (with having the requirement of proving her ties to Canada on each visit, just like now) and she would still be able to work flying internationally.

After you are married, she would be able to continue to cross the border every day into Canada as well with the CR-1 visa. There are Canadians married to US citizens who live in border cities and do just that - Nieks is one who is a VJ member who comes to mind.

She is not able to live in the US without a proper visa. She is allowed to visit for a maximum of 6 months but if she were crossing the border every day to go to work, guaranteed border security would deem she is not a visitor but living in the US and would deny her entry fairly quickly. There is no legal way to 'live together' in one country and work in another in either direction.

Edited December 19, 2011 by Kathryn41

[hikergirl 277]

I agree with the others that the CR-1 would be the best bet for you. Marry first and then file. Here is a guide to compare the different options: http://www.visajourney.com/content/compare.

I dropped the ball in my explanation above in that I was totally not thinking about the requirement to file for AP/EAD after you enter on a K-1 Visa and then get married, I was just thinking of the travel during the filing process.

She would be "trapped" in the US so to speak until that is granted. Unable to leave the US or work.

[gcho 0]

Can someone direct me to the info of restricted border crossings? I've never heard of this. Is it just because she travels across the US border so often? I'm just curious....

Hi Gabbi my understanding is if we went the K1 route once she came over and declared as a fiance that she would be unable to leave the U.S. until the process was complete. If she did go back she would be denied entry.

[Baby Daddy? 0]

I am in the exact same situation. i'm beginning to think the CR-1 is the way to go.

Is it true that her D-1 crew visa (that she already has) would allow her entry to both countries back and forth while the CR-1 and eventually AP are being processed?

[Udella&Wiz 325]

I am in the exact same situation. i'm beginning to think the CR-1 is the way to go.

Is it true that her D-1 crew visa (that she already has) would allow her entry to both countries back and forth while the CR-1 and eventually AP are being processed?

A person cannot usually hold multiple VISAs

[Inky 1,110]

I am in the exact same situation. i'm beginning to think the CR-1 is the way to go.

Is it true that her D-1 crew visa (that she already has) would allow her entry to both countries back and forth while the CR-1 and eventually AP are being processed?

Its likely the D-1 would be canceled when she interviews for the CR-1 and is approved for it.

In her case she doesn't need AP - she would get an entry stamp that acts as a valid green card for 1 year or until her actual card arrives in the mail. She can enter and leave the US after she gets the stamp in her passport and when she gets her green card she uses that to travel between the countrys.

[zyggy 9]

Its likely the D-1 would be canceled when she interviews for the CR-1 and is approved for it.

In her case she doesn't need AP - she would get an entry stamp that acts as a valid green card for 1 year or until her actual card arrives in the mail. She can enter and leave the US after she gets the stamp in her passport and when she gets her green card she uses that to travel between the countrys.

The D-1 would be cancelled once the CR-1 is issued. But then it doesn't matter, the CR-1 is a much better visa that grants permanent residence upon her first entry.

Edited January 31, 2012 by zyggy