Anyone working in Canada with K3 in US? & have children in Canada?

[shawny 0]

I was just wondering if there are any Canadian's who are or have filed the K3 and kept their jobs in Canada and living in the US?

I know that no one can give me my own answers but our situation is quite unique and I am floundering back and forth with which country to reside in. smile.gif We just want to live together finally after 22 months. We just married in October.

We were told by the border patrol to get the K3 visa because that would allow my husband to keep his great paying job in Canada and commute to the US where we will be living together once we get approval.

I wonder if once he gets Permanent status from the K3 in two years of being approved will he then be required to quit his job in Canada and have to work in the US? He has two small children and an ex spouse he supports and his job is needed up there.

Also I wondered how much of a hassle it would be for his every other weekend visitations? He intends to bring them to the US on their weekend visits. It's only 1 hour commute so not far. I know he would need legal documentation of the custody order as well as parental permission to cross but is this something they see at the border or would we be taken in each visit? I was thinking Nexus passes would be great for all of them to make it easier.

Thanks for any insight if anyone has dealt with this experience before. smile.gif

[trailmix 77]

Hi and welcome,

Well the border guard was right but did not give you the best answer.

The best visa for your situation is the CR1 visa - with a K3 visa (which is more expensive btw) he will have multiple reentry however he will have to adjust status once he enters the U.S. With the CR1 he also has multiple reentry as he becomes a U.S. permanent resident as soon as he crosses that border with his U.S. visa.

Your best bet is to read the guides for both types. Just click on the Guides link at the top of this page to have a look.

As for the visitation, shouldn't really be a hassle, you have the correct documentation from the other parent - you will have the letter of permission. They will want to see it each time.

[shawny 0]

Hi and welcome,

Well the border guard was right but did not give you the best answer.

The best visa for your situation is the CR1 visa - with a K3 visa (which is more expensive btw) he will have multiple reentry however he will have to adjust status once he enters the U.S. With the CR1 he also has multiple reentry as he becomes a U.S. permanent resident as soon as he crosses that border with his U.S. visa.

Your best bet is to read the guides for both types. Just click on the Guides link at the top of this page to have a look.

As for the visitation, shouldn't really be a hassle, you have the correct documentation from the other parent - you will have the letter of permission. They will want to see it each time.

Thanks so much!!! Well I noticed in reading the CR1 vs K3 is that on a CR1 he will not be allowed to come visit while waiting for this and the K3 didn't say this. 10 months to a year is a long time to not see him. I don't want to do anything to jeopardize our visits. We totally play by the rules and I respect them.

Also my main concern was after PR is established either route will he still be able to work in Canada and live in the US. Most of the guides focus on getting him a green card and getting to work sooner but this isn't our concern at this time and won't be for a couple years until his spousal support is done.

Thanks again!!

[trailmix 77]

Hmm, well maybe the guides don't mention it - but visiting after you have filed a K3 or a CR1 - the situation is exactly the same. Entry to the U.S. is always up to the discretion of the border guard on the day and it will be up to your Husband to provide strong proof of ties to Canada - so they are sure he is returning after a visit - but even then, there is always a possibility of denial.

Yes, some here are immigrants to the U.S. and still work in Canada. Neiks is one of them.

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand. The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

link

Edited December 7, 2009 by trailmix

[shawny 0]

Thanks so much for the link and your help!! It's much appreciated. Happy to know of another and actually at my husbands work there is another couple with the same but he doesn't know him well enough to ask his personal business.

We will have to be crossing the border as long as we are together so we are making sure everything is done legally and we are always honest at the border crossings. So if they asked either of us we would tell them and we have. To be honest neither of us wants to immigrate to the others country only because we love our homes. We like sharing them with each other though. It's fun to explore each other's special places.

Ok that all said WE MISS EACH OTHER so much and after 22 months of this it's time to start choosing. So I keep playing with both potentials (Canada & US) and I think the US is winning for now for many reasons.

Thanks again for the link. I have been to so many links but hadn't seen this particular one so thank you!!!

Have a great day!!

[trailmix 77]

You're very welcome and if you have questions, come back and ask