Continue to work in Canada?

[Dualie 185]

Hello everyone! I don't post on here much yet, but my journey will be beginning soon as my fiancé and I will likely tie the knot by the end of this month. I did look through the forums to see if anything like this has been discussed before but I couldn't find anything. So, at the risk of redundancy, here is my situation...

I am the Canadian (soon-to-be) beneficiary, and I currently work at a large college in Winnipeg. My fiancé and I plan to file for CR1 early in the new year. He lives in Fargo and we have been doing the long distance thing basically since we met six months ago. My dilemma is : I have been in my present position for going on 8 years. By the time we get through the process it could very well be another year (give or take). My pension will kick in at ten years (if I leave before that I will still get mine and the employer's contributions back in form of an RRSP). My question is : when we go through the CR1 process, and if I am granted permanent resident status, is there a process by which I could apply to be a permanent resident in the US but continue to work in Canada? I haven't decided yet whether I even want to continue the three and a half hour drives to and from Fargo and Winnipeg for another year or so after the fact. I am just wondering if there is a process, and if so what it is.

Thank you in advance for any input and insight.

[Ontarkie 14,418]

Many Canadians travel daily to keep working in Canada. The only thing to remember is that you are not living in Canada, you won't be eligible for health benefits, and I think you do your taxes as a non resident. Someone else will can help you out with that one. It is possible just a matter if you want to take the long drive.

[floridaboundcanuk 7]

If I'm not mistaken CR1 is for married couples only. If you do marry and file, then you can keep working there but you'll have to probably wait a year for your visa before you can have regular visits again with each other. If you move to him and then marry and get a CR1, then you'll have to wait before you can come back to Canada. K1 is what you need to file for as a fiancée. If I were you I'd consult an immigration attorney. The advice you'll get on this site will be general at best.

[Flames9_RN 358]

If I'm not mistaken CR1 is for married couples only. If you do marry and file, then you can keep working there but you'll have to probably wait a year for your visa before you can have regular visits again with each other. If you move to him and then marry and get a CR1, then you'll have to wait before you can come back to Canada. K1 is what you need to file for as a fiancée. If I were you I'd consult an immigration attorney. The advice you'll get on this site will be general at best.

Yes one has to be ALREADY married to file for the CR-1.......During the visa process, you can STILL visit, many of us did during the process.....Ensure you have Ties to Canada with you when you visit..My 2 cents is down below in my signature. 1 of the big benefits of the CR-1 (over the k1) is that you can leave the USA right away......And yes there are Cdns that do exactly what you want to do, Keep in mind I do believe you have to spend more time in the USA than Canada! AND keep a record of EVERY time the USA for 24 hrs or more.....As if you go the USA Citizenship route, one has to list them!!

[NikLR 13,232]

If I'm not mistaken CR1 is for married couples only. If you do marry and file, then you can keep working there but you'll have to probably wait a year for your visa before you can have regular visits again with each other. If you move to him and then marry and get a CR1, then you'll have to wait before you can come back to Canada. K1 is what you need to file for as a fiancée. If I were you I'd consult an immigration attorney. The advice you'll get on this site will be general at best.

There is a lot of very specific information on this website.

Have you looked through the wikis and guides? They're all pretty specific. The only time you need a lawyer for this process is if you have red flags, need waivers due to bans or other reasons, have trouble understanding and filling out forms, or just do not have the time in general to spend on the process. Of course it's personal preference, but not required.

My husband and I did the entire CR1 process ourselves. I did 99% of the work while he paid 100% of the bills. We used this site and the instructions for the forms from the government site. We were able to get through the entire process without a hitch and I received my green card in the USA exactly 9 months from filing the I-130 petition. Oh yea, I worked full-time the entire process as well.

[Flames9_RN 358]

Sure 1 can get a free immigration consult, may be worth it.......We hired a lawyer--had not found VJ...and back in 2003 when we started to investigate the process, they didnt have infopass for appt--it was first come, first served, and my wonderful wife waited in line all day to talk to a rep in VA and they said it was difficult, hire a lawyer,lol! so wrong! VJ has everything 99% of people need. The process isn't that difficult--it is the waiting that sucks!

And before one starts putting threatening posts about not being able to visit-----you really should do some research!

[Dualie 185]

Thank you for the responses everyone. I have been doing quite a bit of reading on here. I love this site. I am sure we will be able to manage without a lawyer, and I have read quite a few threads where folks have been able to visit during the visa process. Just gotta have your ducks in a row. He and I have loose ends to tie up before I move down there anyway so we figured the CR1 was the best option. I just have to decide whether the pension is worth all the commuting. He may not even want to entertain the thought..

I am just feeling out my options where that is concerned.

[NikLR 13,232]

You should be able to access your pension once you move up until the point when you become a US LPR. That is my understanding. Double check with the CRA.

[warlord 73]

when we go through the CR1 process, and if I am granted permanent resident status, is there a process by which I could apply to be a permanent resident in the US but continue to work in Canada? I haven't decided yet whether I even want to continue the three and a half hour drives to and from Fargo and Winnipeg for another year or so after the fact. I am just wondering if there is a process, and if so what it is.

Once you are granted your PR and Green Card you MUST reside in the US. You can then commute if you want, but if you choose to still live and work in Canada you will have abandoned your Green Card and status and must start all over. That is the big difference once being granted status in the US. So at that point you will have to make a decision to either

a) Continue to work in Canada and forfeit all your work you have just done to be a PR,

b) Commute to work while living in the US

c) Quit your job and move to the US permanently.

[Dualie 185]

Thank you warlord. I was thinking that this would be the case. I am strongly leaning toward just leaving the position altogether as I don't think it will make that much of a difference money wise in the pension (I get the money anyway), and I am tired after nearly seven months of the weekend commute as it is. Thanks so much for your input!

[NikLR 13,232]

Just a thing to remember, any credit you earn in Canada does not automatically translate to the USA. So if you have GREAT credit and your SO doesn't, maybe both being in the USA isn't such an ideal thing. You'll be starting off from zero. Some banks, like RBC or TD can access your Canadian credit (others may as well, but these two have Canadian counterparts) to help you get started, but you still have to build it.

Maybe both of you retiring to someplace other than Winnipeg might suit you two the best. Delve into it

[warlord 73]

Thank you warlord. I was thinking that this would be the case. I am strongly leaning toward just leaving the position altogether as I don't think it will make that much of a difference money wise in the pension (I get the money anyway), and I am tired after nearly seven months of the weekend commute as it is. Thanks so much for your input!

Not to mention the gas money you'll save and car wear and tear. That's a long road trip if you're doing it almost every weekend. Once every few months wouldn't be bad, but all the time would be too much. Yes commuting would be out of the question as well with that distance.

But if you get the money anyways, then probably best just to leave and move on from there. It might actually save you money doing it that way with gas prices and all that time you spend road tripping there...

[Dualie 185]

Not to mention the gas money you'll save and car wear and tear. That's a long road trip if you're doing it almost every weekend. Once every few months wouldn't be bad, but all the time would be too much. Yes commuting would be out of the question as well with that distance.

But if you get the money anyways, then probably best just to leave and move on from there. It might actually save you money doing it that way with gas prices and all that time you spend road tripping there...

Yes, and it's already getting hard on me and we haven't even started the process yet. Fargo is growing fast and there will be plenty of jobs in my field to keep me busy until I was to retire for good. The pensions I have here in Canada and CPP will do us just fine. No sense in killing myself for a few extra bucks in a pension.

Thanks for your time and advice!