Visa - Staying in Canada

[robert21 0]

Hi. Im a Canadian married to a US citizen for over 15 years. We have always lived in Canada. I would like to get a visa to be prepared to accept US job offers. Ive had two offers evaporate because the companies needed me quickly; not the 4-6 months it would take to process a visa. Can anyone tell me what and how I should apply for, to get a spousal visa even though I have no concrete resident plans in the US? Thanks.

Rob

Edited March 17, 2012 by robert21

[Inky 1,111]

To do this you must move to the USA, the US embassy in Canada looks for proof domicile in the USA, of your moving to the USA, or they will not issue the visa.

[robert21 0]

To do this you must move to the USA, the US embassy in Canada looks for proof domicile in the USA, of your moving to the USA, or they will not issue the visa.

This seems not right to me; I cant move until I have Visa, cant get a Visa until I move???? Has to be a better answer.

[Harpa Timsah 13,258]

This seems not right to me; I cant move until I have Visa, cant get a Visa until I move???? Has to be a better answer.

The USC needs to show domicile in the US, or evidence to reestablish domicile (eg. bought a new house, have a job and a start date). The spousal visa results in a Greencard (permanent resident status) once you enter the US. Then, you must maintain your permanent resident status or lose it. I am not sure what you are trying to do. Do you want to move to the US? Or just get a job there and commute? You want to start work before you move? Or you just want to be ready to move once you get a job(this won't work because of the domicile issue)? Once you get the visa, you have to use it within 6 months. What do you want to do?

Edited March 17, 2012 by Harpa Timsah

[robert21 0]

Hi Harpa - and thank you. I want to be eligible to work in the US. My wife is a US citizen. We live in Canada but I want to be elilgible to work in the US when I apply for jobs there. I am a senior executive.

[ISIS AND TROY 5]

Take a look at this, I am sorry it does not have the answer you look for but it might help! Best luck for you and your family!

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=10093e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=10093e4d77d73210VgnVCM100000082ca60aRCRD

[Inky 1,111]

A spousal visa is for moving to the USA and living there.

If you just want to get a job then you need the company to hire you and apply for a work visa.

[Harpa Timsah 13,258]

Yep, you need a work visa. Those do take time. Spousal visa is not for you - you'd lose it by living in Canada anyway and become ineligible to work. Have you looked into a TN visa? You can apply for that at the border if you qualify.

[Ryan H 3,818]

Moved from IR-1/CR-1 Process & Procedures to Work Visas forum.

[kzielu 1,149]

Hi Harpa - and thank you. I want to be eligible to work in the US. My wife is a US citizen. We live in Canada but I want to be elilgible to work in the US when I apply for jobs there. I am a senior executive.

Well, no disrespect meant but for senior executives US companies do apply for work visa (mine even does sponsor GCs - if they really want the person. They had brought me on an L-1B visa although I am nowhere close to be an executive). Like posters above are you need company that wants to hire you apply for a work visa for you. Marriage based visas are to move to US - and luxury of being able to work in US but live somewhere else is unfortunately reserved for US citizens. Don't why you expect there has to be something - think about why US government would ever create such possibility...

[BBCC 16]

Here's a thought, since you are Canadian. Are you familiar with TN Status under NAFTA?

If your profession falls under a TN job category, you could easily obtain a TN permit at the border once someone wants to hire you in the US. Perhaps you could file for a Green Card while in the US by filing an Adjustment of Status I-485 once you are there based on the marriage? If this TN status is possible for you, then your professional transfer to the US becomes trivial. This approach may be an ideal opportunity as you can go through the entire Green Card application process while already legally present and working in the US as the TN status grants you the fast and legal work authorization. social security number et. al.

There is a rough list of the allowed job classifications listed on the wikipedia page for TN Status that might be a good start. The TN Status couldn't be easier. To apply, you normally just go to the border with a letter of intro from the new employer- addressed to the border officer, requesting the TN status. Show them the letter of offer, your passort and a few hundred dollars, wait an hour or so and you get the TN permit on the spot. Going south to the US, there may be the added step of petitioning the USCIS a month or two ahead of time but it is still relatively a simple process.

Edited March 18, 2012 by BBCC

[SapphireDreams 71]

I'm surprised that as an executive companies are not willing to provide you with a work visa. All of the Canadians I know that are executives working in the US are here on work-sponsored visas.

If your ultimate goal is to live in the US with your family and your wife is a US citizen, why not just get a spousal visa (IR-1) and then have her relocate in advance to get domiciled and then apply for jobs towards the end of the process and hopefully time it so that you'll get your visa/greencard in time for hiring. The timing may not work out perfectly, but ultimately you may need to immigrate first and then apply for a job.