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Filed: Country: Canada
Timeline
Posted

Hello,

I have a question about moving to the states but still working in Canada. I know the taxes are going to be a pain, but what do I need so I can do it legally and not have to worry about being "deported" or not being able to see my family. My wife is US citizen (actually dual) and I am CDN and we have 2 kids. The cost of living would be so much cheaper but we want to make sure we do it so we have no hassles. What is the best way to go about doing this? Do I apply for a K3 visa and then hope I get a Green Card in that time period?

Thanks, anything would help out.

Filed: Timeline
Posted

To work legally in the US you need either a K-3 visa AND an employment authorization (EAD) ; OR an immigrant visa (CR-1 or IR-1).

In either case, you cannot work BEFORE you get the visa; not even for a Canadian employer.

The K visa does not result in a green card: but precisely in a K-3 non-immigrant visa; which you use to enter the US and then apply for adjustment of status.

Hope that made sense... i'm kind of loopy today.

Filed: Country: Canada
Timeline
Posted

OK,

But what if I want to still commute to Canada for work. I would be traveling through the border every day so I don't want to get hassled by them. I eventually want to get residency because that's where my family is going to be......but how do I go about doing it?

Filed: Other Country: China
Timeline
Posted
OK,

But what if I want to still commute to Canada for work. I would be traveling through the border every day so I don't want to get hassled by them. I eventually want to get residency because that's where my family is going to be......but how do I go about doing it?

Since you and your family still live in Canada, the most convenient solution is to file directly with the consulate for an IR1 visa. See the "guides" here for DCF filing.

The result would be permanent resident status once the visa was in hand and you enter the US using it. You are then free to commute to Canada for your Canadian job. I'd consult a CPA versed in your specific tax issues.

A K3 would just complicate matters, take longer and cost more money.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
OK,

But what if I want to still commute to Canada for work. I would be traveling through the border every day so I don't want to get hassled by them. I eventually want to get residency because that's where my family is going to be......but how do I go about doing it?

Since you and your family still live in Canada, the most convenient solution is to file directly with the consulate for an IR1 visa. See the "guides" here for DCF filing.

The result would be permanent resident status once the visa was in hand and you enter the US using it. You are then free to commute to Canada for your Canadian job. I'd consult a CPA versed in your specific tax issues.

A K3 would just complicate matters, take longer and cost more money.

I will still be commutie to Canada once I move to the U.S. My husband and I married in June 07 (he is a U.S.C. and living in Washington) and we started the CR1 process in July 07. Our case was just completed at the NVC on Apr 23 and we are just waiting for my interview in Montreal which will hopefully be in June. In the meantime I have had to live up here in B.C. and visit my husband on the weekends.

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

There are a few Cdn couples on VJ, where they reside in the USA, but the Cdn goes back to Canada to work daily!

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

Filed: Other Timeline
Posted

best bet is to DCF in Canada. Its a lot quicker than K3 or even CR1.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Filed: Other Country: China
Timeline
Posted (edited)
best bet is to DCF in Canada. Its a lot quicker than K3 or even CR1.

Correct but let's be clear. DCF is a filing method and process, not a visa. Either the CR1 or IR1 visa would be the result of a successful DCF filing. It's generally significantly faster than any spouse visa process filed with a USCIS service center in the US.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

I dont see where it states Aeongap's spouse is residing in Canada?? If the USA spouse is not a resident of Canada, then they Can't DCF, they would have to go the regular CR-1 or K3 route

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

Filed: AOS (pnd) Country: Canada
Timeline
Posted

I am planning on working in Canada after I have entered the US with my K3 visa.

I've been told there shouldn't be any problems with this.

I will apply for an EAD after I have the K3 in hand and have used it to enter the US. I will then move my possessions to the US with me and reside with my husband and I will return to Canada for a few days each week. I am only planning on doing this for a few months though, this could not be done long-term. Once I apply for AOS I will not be able to return to Canada without AP which will not be granted for this purpose. The point of doing this is to avoid being unemployed during the three month period of waiting for the EAD, by the time I finish at my Canadian job I'll have the EAD in hand as it has to be issued within 90 days.

That being said, if the OP's whole family resides in Canada, DCF is the way to go. Otherwise, this may be an option to avoid forced unemployment.

AOS

May 23, 2008 - AOS filed

June 3, 2008 - NOA

June 27th - scheduled biometrics, reschedule requested

July 14th - biometrics

July 16 - cases available online

Aug 6th - card production ordered (EAD)

Filed: Other Country: China
Timeline
Posted
I dont see where it states Aeongap's spouse is residing in Canada?? If the USA spouse is not a resident of Canada, then they Can't DCF, they would have to go the regular CR-1 or K3 route

I only saw future tense statements like "will be" etc.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Other Timeline
Posted (edited)

Plus, she's a Canadian citizen, so they should be able to DCF even if she's in the US I should think.

Once I apply for AOS I will not be able to return to Canada without AP which will not be granted for this purpose

This is false. A K3 is multiple entry good for 2 years, even after you apply for AOS. No AP needed.

Edited by Reba

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Filed: AOS (pnd) Country: Canada
Timeline
Posted
Plus, she's a Canadian citizen, so they should be able to DCF even if she's in the US I should think.

Once I apply for AOS I will not be able to return to Canada without AP which will not be granted for this purpose

This is false. A K3 is multiple entry good for 2 years, even after you apply for AOS. No AP needed.

That is great to know, thanks Reba. A lawyer told me I wouldn't be able to re-enter after starting the AOS. I'll check into this further.

AOS

May 23, 2008 - AOS filed

June 3, 2008 - NOA

June 27th - scheduled biometrics, reschedule requested

July 14th - biometrics

July 16 - cases available online

Aug 6th - card production ordered (EAD)

Filed: Other Country: China
Timeline
Posted
A lawyer told me I wouldn't be able to re-enter after starting the AOS. I'll check into this further.

K1 yes. K3 no. K3 is multiple entry for two years from first entry.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Country: Canada
Timeline
Posted

OK, to clear up the subject a bit....

My wife has dual citizenship....we are currently living in Canada (BC) but the prices of houses are so much cheaper in a border city and plus the cost of living is cheaper too, esp with the dollar being almost equal. Anyway, I want to commute and keep my job....and not just for a couple years or anything.....I will be working extensively for many years to come as it is a good job and pays well, etc, etc.

So if I am correct, I don't need to do a K3, I just need to do a DCF........or is there anyone else that has any suggestions or experiences?

Thanks

 
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