American in Canada....AUGHHHH!

[Siren66 0]

Hello!

My boyfriend is here with me in Canada...has been for 4 months. He is USC. We eventually want to move to the states but for now and the foreseeable future are goping to live here. I believe the easiest way to do this is for him to get a job with a company willing to sponsor him for a work visa and then apply for permanent residency? Hence then he still retains his US citizen status. Is this correct?

Also we already know we want to get married in the next 2 yrs. We are waiting for my Divorce to be finalized and to save for a wedding. Questions on this are:

- WHAT is the easiest way to do the whole getting married/moving south deal? Is it better to go there, get married and file a AOS? We really DO NOT want to be seperated during any filing processes if it can be avoided. I was also told if I am able to transfer through my company and have their help in getting a work permit for the US and then we get married there and file AOS that might be one of the ONLY options that allows us to stay together during filing. HELP!

I have read so many confusing and differing things on these subjects

Thank you in advance to all who offer tips!

[Krikit 1,165]

It takes a lot longer to file when he's already resident in Canada as opposed to before he enters. There were a few people on here who went through this process so I'll see if I can drag up their old posts. In the meantime, here are a couple of links for you:

Road to Canada

Citizenship and Immigration Canada

[ashenflowers 5]

Hello!

My boyfriend is here with me in Canada...has been for 4 months. He is USC. We eventually want to move to the states but for now and the foreseeable future are goping to live here. I believe the easiest way to do this is for him to get a job with a company willing to sponsor him for a work visa and then apply for permanent residency? Hence then he still retains his US citizen status. Is this correct?

Also we already know we want to get married in the next 2 yrs. We are waiting for my Divorce to be finalized and to save for a wedding. Questions on this are:

- WHAT is the easiest way to do the whole getting married/moving south deal? Is it better to go there, get married and file a AOS? We really DO NOT want to be seperated during any filing processes if it can be avoided. I was also told if I am able to transfer through my company and have their help in getting a work permit for the US and then we get married there and file AOS that might be one of the ONLY options that allows us to stay together during filing. HELP!

I have read so many confusing and differing things on these subjects

Thank you in advance to all who offer tips!

You'll get lots of answers to this I'm sure. First of all though, since you are already planning on getting married, you really really should NOT try to just go to the US, get married, and file AOS. That system is designed for people who enter the US for other reasons (as a visitor or with a work visa), and THEN decide to get married. Yes, that sounds as messed up as it is... But still, I would warn against that method, since you've already declared your plans to marry. It's definitely not something that anyone would say is 'better'. That said, it's been done, but it's doubtful anyone will recommend it above the other methods.

Also, if your b/f is living in Canada and you get married in Canada and filed DCF for CR1 or something, he will have to give evidence of US domicile. That will be very difficult to do if he's been living in Canada the whole time. You may have seen various threads lately of several people being denied visas from Montreal because of this. One of them is moving back to the US temporarily to establish themselves then file proof. It takes a few months, but seriously, a few months apart is nothing compared with a lifetime together knowing you did things the "right" way and without worry.

Have you looked into the Canadian immigration process at all? Just before you decide the easiest way to get him to 'stay' there is via a work visa. I don't know how easy they are to get (the US work visas are not really easy to get). Does he have a specialty? A degree? etc? Those things will help (and lack of them will hurt).

I hate to break it to you, but it's highly likely that you will have to be separated at some point for a little while. It might just be a few months as I mentioned before, or it might be a little more. Since he's already been in Canada for 4 months, you really only have 2 months left before he has to return to the US without overstaying the 6 months visa-free visiting time. Some people will say he can just cross the border and come back again, but some will say he can't. Either way, if you have no paperwork soon, make sure he's outta here for a bit.

I'd estimate that 95% of couples on this board have gone through this process separated from their fiancé's or spouses, including myself. Believe me, none of us WANTED to be separated. That's just how it is. You're going to have to accept the fact that you will be hard pressed to find a way to do this completely together. I'm sorry. I just want you to know that.

Check out http://roadtocanada.com/ to find a bit of info for keeping your b/f in Canada for now (and i'm sure others will give you more links, but that's a start). And welcome to VJ! We'll help as much as we can, but no one here will purposely suggest anything to you that is potentially visa fraud or illegal. Or if we do, it will be with, hopefully, clear warnings.

[Krikit 1,165]

Here's a recent thread about it: Want to Move to Canada

[Malrothien 6]

I'm a USC that has Canadian permanent residency. It is VERY, VERY hard (especially in this economy) to get a work-sponsored visa. You essentially have to be the only one in that field available to work in a position in the entire country. OR, you are heavily overqualified - ie. are a lawyer in another country, working as a paralegal here.

You aren't eligible for the common-law filing for permanent residency until you've co-habitated for one year or more. Once you marry, you can file for marriage-based permanent residency. It's about 12-18 months processing time when your spouse lives in Canada (June/06 - Aug/07 was my processing time).

[trailmix 77]

My boyfriend is here with me in Canada...has been for 4 months. He is USC. We eventually want to move to the states but for now and the foreseeable future are goping to live here. I believe the easiest way to do this is for him to get a job with a company willing to sponsor him for a work visa and then apply for permanent residency? Hence then he still retains his US citizen status. Is this correct?

Not really no, probably the easiest avenue for you is to apply for his Canadian Permanent Residency - he does not have to give us his U.S. citizenship to become a Canadian PR.

Also we already know we want to get married in the next 2 yrs. We are waiting for my Divorce to be finalized and to save for a wedding. Questions on this are:

- WHAT is the easiest way to do the whole getting married/moving south deal? Is it better to go there, get married and file a AOS? We really DO NOT want to be seperated during any filing processes if it can be avoided. I was also told if I am able to transfer through my company and have their help in getting a work permit for the US and then we get married there and file AOS that might be one of the ONLY options that allows us to stay together during filing.

When will your divorce be final?

As someone mentioned, you cannot AOS, you already have intent to reside in the U.S. - you can't have intent before you cross that border as a 'visitor'.

A lot depends on when your divorce become final - if it's really soon, like in the next few weeks, then you could get married and apply for his Canadian permanent residency. Then he can stay in Canada while you file for a CR1 visa to move to the U.S., if you like.

If your divorce will take more than 2 months then he is going to have to return to the U.S. when his 6 month visit is up and you can still apply for his Canadian PR - with him in Canada or out of Canada - but he will still have to leave at the 6 month point.

Edited December 5, 2009 by trailmix

[trailmix 77]

One other thing, of course this all goes back to when your divorce is final - he can always apply to extend his Canadian visitor's visa - it may or may not be approved but the option is available.

[Avery 0]

What you can do, and what we did: My husband came up in June and his visitor status ran out in December. Which obviously is not enough time to file and such, you also have to have to declare when coming into Canada, what were your intentions. We had to "flagpole" him (so fondly named by the border patrol). Basically drive out to the border and then back in and explain what you are doing. At that point the Canadian border patrol issued us a one year visitor visa with intent to marry.

During that time we filed for our PR card in April 2008. At the same time make sure you file for your work permit as well. There is a separate form on the Canadian Immigration site. That way when you get first stage approval they can give you your work permit instead of waiting like we did. (the Canadian immigration officer told us we should have done that) You basically send EVERYTHING in at once, except your medical. Do not do your medical until they ask for it, we had to do it twice cause our first one timed out. You may have file for an extension if you are applying within Canada. Done 3 months before the next visa runs out.

There are different qwirks filing within Canada and outside of Canada. If you file outside of Canada it does go faster unfortunately every time you cross the boarder you cannot say you are intending to stay and they can and most likely will turn you back if you leave, nor can you over stay a visit. Filing inside of Canada is longer, took us 18 months, but you stay legally in Canada, but you cannot leave at any point less you want to risk resetting your visa status (which they have done to people).

We didn't know about any of the immigration sites when we filed with Canada and used the Canadian Immigration site which was very very comprehensive.

Good Luck! =)

[trailmix 77]

What you can do, and what we did: My husband came up in June and his visitor status ran out in December. Which obviously is not enough time to file and such, you also have to have to declare when coming into Canada, what were your intentions. We had to "flagpole" him (so fondly named by the border patrol). Basically drive out to the border and then back in and explain what you are doing. At that point the Canadian border patrol issued us a one year visitor visa with intent to marry.

I don't think you have to do the reentry to declare your intentions thing. My Husband didn't.

[Avery 0]

You may be right Trailmix. My husband and I were pretty sure we couldn't file for his PR if we entered the country under false pre-tenses. I'll have him look it up for sure just to be on safe side. Worse thing to do is go through the whole process and find out you get jacked cause you didn't say why you were coming into the country. lol =)

[Kathryn41 3,205]

One other point - the OP can sponsor her partner to Canada as a conjugal or common-law spouse BUT - and this is a big but - her divorce has to be final. She cannot be married to someone else and claiming a partner relationship for the benefits of immigration. He is allowed to be in Canada as a visitor for 6 months maximum. He is allowed to apply for a Temporary Resident extension (do this now as it takes time to process). If Canadian authorities believe he is living in Canada without the proper visa he will be asked to leave and if he doesn't comply, he will be forced to leave and not allowed back in without the appropriate paperwork.

I think you are going to have to face the reality that there will probably be times of separation for the two of you. Most of those who are married and trying to have a partner immigrate either to Canada or to the US have had times of separation, although it is less likely for Canada than for the US - but the trick here is you have to be in a recognized partnership and to do that you have to be 'eligible' to be in that partnership. Being married to someone else doesn't make you eligible.

Good luck.

[LiLMermaid 2]

One other point - the OP can sponsor her partner to Canada as a conjugal or common-law spouse BUT - and this is a big but - her divorce has to be final. She cannot be married to someone else and claiming a partner relationship for the benefits of immigration. He is allowed to be in Canada as a visitor for 6 months maximum. He is allowed to apply for a Temporary Resident extension (do this now as it takes time to process). If Canadian authorities believe he is living in Canada without the proper visa he will be asked to leave and if he doesn't comply, he will be forced to leave and not allowed back in without the appropriate paperwork.

I think you are going to have to face the reality that there will probably be times of separation for the two of you. Most of those who are married and trying to have a partner immigrate either to Canada or to the US have had times of separation, although it is less likely for Canada than for the US - but the trick here is you have to be in a recognized partnership and to do that you have to be 'eligible' to be in that partnership. Being married to someone else doesn't make you eligible.

Good luck.

You can be common-law and your divorced not finalized. I went through this when my fiance and I were living together in Canada. Only problem for her is it has to be for at least one year.

"A person who is married to a third party may be considered as a common-law/conjugal partner providing that his/her marriage has been broken down and they have lived apart from the spouse for more than one year. The relationship with a common-law/conjugal partner cannot be considered to have started until a physical separation from the spouse has occurred. A common-law/conjugal partner relationship cannot be established if one or both parties continue their marital relationship."

"Common-law partner - A common-law partner is defined as a life partner in a committed relationship who has been continuously living together for at least one year. This person can be either opposite or same sex/gender. This is often referred as a domestic partner or civil partner in certain countries"

What we did because we did not want to file for permanant residence in Canada as we did not think we'd be staying there was get a temp work visa. Since he is in IT he was able to do this through NAFTA and although a pain it was faster then anything else. He had to drive to the border and re-enter Canada and its done at the border and up to the border guards whether its granted or not.

[Kathryn41 3,205]

Thanks for the clarification, Li'l Mermaid. The NAFTA work visa is probably the most realistic one for the OP's boyfriend to try if he has the necessary skills and backgrounds.

[antda 13]

Hi Siren66,

As a Canadian with prior intention to marry and immigrate to the USA to be with your partner, here are your visa options,

for immigration based on marriage:

K1 (fiance visa...be in Canada, file the paperwork, come to the USA, get married in the USA, adjust status),

K3 (marriage visa...be in Canada, get married in Canada, file paperwork, come to the USA, adjust status),

CR (marriage visa...be in Canada, get married in Canada, file paperwork, come to the USA...)

Since you have prior intention and plans of getting married, in your case you cannot just "get married and then file for the AOS"...

So you're better of legally to pursue the marriage visa options, as mentioned above....

This might include some separation, but rest assured, that time will pass by quickly, and before you know it, you will be reunited again...

And it helps that other vjers here too have gone through the same/similar thing, so you are not alone here...

And yes, your boyfriend has to be "free and legal to marry" and have his divorce finalized before he marries you.....

For more info about the different types of marriage visas, you can check out the visa journey "guides" section here:

http://www.visajourney.com/forums/index.ph...amp;page=guides

Hope this helps. Good luck on your journey too.

Ant

Hello!

My boyfriend is here with me in Canada...has been for 4 months. He is USC. We eventually want to move to the states but for now and the foreseeable future are goping to live here. I believe the easiest way to do this is for him to get a job with a company willing to sponsor him for a work visa and then apply for permanent residency? Hence then he still retains his US citizen status. Is this correct?

Also we already know we want to get married in the next 2 yrs. We are waiting for my Divorce to be finalized and to save for a wedding. Questions on this are:

- WHAT is the easiest way to do the whole getting married/moving south deal? Is it better to go there, get married and file a AOS? We really DO NOT want to be seperated during any filing processes if it can be avoided. I was also told if I am able to transfer through my company and have their help in getting a work permit for the US and then we get married there and file AOS that might be one of the ONLY options that allows us to stay together during filing. HELP!

I have read so many confusing and differing things on these subjects

Thank you in advance to all who offer tips!

Edited December 6, 2009 by Ant+D+A

[Krikit 1,165]

Hi Siren66,

As a Canadian with prior intention to marry and immigrate to the USA to be with your partner, here are your visa options,

for immigration based on marriage:

K1 (fiance visa...be in Canada, file the paperwork, come to the USA, get married in the USA, adjust status),

K3 (marriage visa...be in Canada, get married in Canada, file paperwork, come to the USA, adjust status),

CR (marriage visa...be in Canada, get married in Canada, file paperwork, come to the USA...)

Since you have prior intention and plans of getting married, in your case you cannot just "get married and then file for the AOS"...

So you're better of legally to pursue the marriage visa options, as mentioned above....

This might include some separation, but rest assured, that time will pass by quickly, and before you know it, you will be reunited again...

And it helps that other vjers here too have gone through the same/similar thing, so you are not alone here...

And yes, your boyfriend has to be "free and legal to marry" and have his divorce finalized before he marries you.....

For more info about the different types of marriage visas, you can check out the visa journey "guides" section here:

http://www.visajourney.com/forums/index.ph...amp;page=guides

Hope this helps. Good luck on your journey too.

Ant

The boyfriend is moving to Canada.... she's not moving to the US. And it is her that is getting a divorce.... not him.