Considering our Options

[Sashy 17]

Hi all, I have an SO who lives in Canada, I am a citizen of the United States. We are trying to see if there is any other legal way to enable him to work here without getting married.

Our first out is the fact that he is Native North American from a tribe in Canada. He filed for the status and is waiting to receive the legal documentation from Canada. Would this enable him to work in the US? I have been cited a treaty the US & Canada signed with the native people that states that they are entitled to work wherever in the continent of North America. Is this a real thing? If it is, how would we go about it once he gets legal documentation?

If that fails, is there anything else? He is a Canadian chef, and I've been told those don't really qualify for businesses wanting to hire them or anything. We've been dating 3 years now, and are really tired of living apart.

[Harpa Timsah 13,258]

Yes. the Native American thing is real and results in (I think) a Greencard (he can work). There is information on it at the US Embassy in Canada webpage.

[hikergirl 277]

Hi all, I have an SO who lives in Canada, I am a citizen of the United States. We are trying to see if there is any other legal way to enable him to work here without getting married.

Our first out is the fact that he is Native North American from a tribe in Canada. He filed for the status and is waiting to receive the legal documentation from Canada. Would this enable him to work in the US? I have been cited a treaty the US & Canada signed with the native people that states that they are entitled to work wherever in the continent of North America. Is this a real thing? If it is, how would we go about it once he gets legal documentation?

If that fails, is there anything else? He is a Canadian chef, and I've been told those don't really qualify for businesses wanting to hire them or anything. We've been dating 3 years now, and are really tired of living apart.

He would have to prove that he has at least 50% Native blood in him.

Here are a couple of links on the Jay Treaty and what is required:

http://canada.usembassy.gov/visas/information-for-canadians/first-nations-and-native-americans.html

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=82a83a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=82a83a4107083210VgnVCM100000082ca60aRCRD

[Sashy 17]

Okay see, the problem is he isn't 50% native. But he's native enough by Canadian standards to qualify.

Is the US agent really going to demand to see his percentage? ( I Mean I doubt they print that on the native status card).

[aaron2020 11,651]

Okay see, the problem is he isn't 50% native. But he's native enough by Canadian standards to qualify.

Is the US agent really going to demand to see his percentage? ( I Mean I doubt they print that on the native status card).

Don't even consider this. Trying to use a document to trick the US government into letting him in is going to result in a lifetime ban.

If he qualifies, that's great.

If he doesn't qualify, then forget it. Don't try to pull a fast one.

Edited November 11, 2012 by aaron2020

[Harpa Timsah 13,258]

Yeah, if he doesn't qualify, then he doesn't. To try to fake it will result in him being banned for life from the US. Most people here realized that the only way to be together is to get married. Good luck.

PS, and yes, the US agent is really going to ask to see this. It's the LAW.

Edited November 12, 2012 by Harpa Timsah

[hikergirl 277]

Okay see, the problem is he isn't 50% native. But he's native enough by Canadian standards to qualify.

Is the US agent really going to demand to see his percentage? ( I Mean I doubt they print that on the native status card).

Under the treaty they MUST have 50% or more Native American blood and have documentation to prove it. A Status card is not sufficient proof. Please look at the embassy link that I posted. There are strict requirements and it will be asked for.

You are going to have to look at other options for his moving down and marriage is probably going to be your only option.

[Sashy 17]

Thanks for all the information.

Sorry bout asking bout the clarification a lot, my parents insisted they wouldn't ask...lol.

Last question: does it matter whether we get married in the US or Canada?

[Harpa Timsah 13,258]

If you are seeking a spousal visa, then no, it does not matter where you marry. If you are going to go for a fiance visa, then that visa is for marriage in the US only, with permission to stay after the marriage.

[Sashy 17]

It would have to be spousal I guess, he really can't move here until he's legal to work.

(and on the fiance visa you can't work, correct?)

[hikergirl 277]

Right, with the Fiance visa you get married once he crosses the border and then he'd adjust status and apply for work authorization.

If you look at the guides from the bar above there are comparison charts on the visas and how to file.

Best wishes for whatever you decide.

[Darnell 8,478]

Have a look at the TN-1 visa also.

[Sashy 17]

I was told by an immigration lawyer my only chance to get him here unless I knew someone who owned a restaurant was to marry him. Just wanting to see if there was something else .

[Darnell 8,478]

so, you looking into the TN-1 visa?

[Harpa Timsah 13,258]

There isn't a TN category for Chef.