Choosing the best method CAN to USA

[geodave 0]

Hello,

Forgive me if I am repeating questions others have asked, but I had trouble finding someone in the same situation as me.

I am Canadian and live in Canada with my wife. She's American, and came here on a student visa. She got her degree and is currently here under a post-graduate work visa for another 2 years.

We are strongly considering moving to the USA temporarily, for a few years if possible, to spend time with her family. We have been married since August 2012.

My question boils down to the following:

1) I currently work in a tech field doing computer analysis and hardware design, so I think I qualify as a NAFTA professional and may be able to get a work visa if I can find a job in the USA in that same field. Would this be a preferable route, instead of applying for something as the spouse of an American citizen?

2) We unfortunately don't have a lot of money, but if it's possible I would love to speak to a lawyer about this because the process is super intimidating. Does anyone have a recommendation on an affordable source of immigration law advice in Toronto, or any resources I could check out first?

3) My biggest concern is that we plan to be there for a few years and then come back to Canada where my wife will apply for permanent residency as a Canadian. Is there anything I need to be aware of that could throw a wrench into this process?

I appreciate any help you guys can provide, I have been reading this forum and you seem like an extremely knowledgeable and considerate group. Thanks very much.

[Udella&Wiz 325]

Welcome!

1) With regard to theTN Visa - they're hard to come by these days what with unemployment so high in the US, There are many employable people here in the US looking for work. Computer analysis and hardware design isn't as unique as you might think and the tech fields are booming. The company who might employ you would have to prove they couldn't find anyone in the US who fit the bill - that tends to be pretty difficult these days. Not trying to squash your enthusiasm but I attempted the same thing once and had everything lined up in the US and was turned down at the border even though the company I had a job offer with from jumped through all the right hoops. TN's are becoming rarer these days unless your an astrophysicist or have super special skills. I would say its not a guaranteed route.

2) Most of us would say that immigration lawyers are a waste of time. They cannot help your application move faster despite what they say and many times they actually slow it down by delaying filing things and providing you with the wrong information. You and your wife can totally do this yourselves as most of us have. You'll find most people from Canada who did use a lawyer will say it was a waste of their $$$ and time. This forum offers great, helpful and accurate advice. Coming from Canada is fairly straight forward.

3)Your wife will be starting fresh if you return in a couple years. I believe you can apply from within Canada but others will confirm that. There is a period where she will be unable to work though which may be difficult.

[mtlguy 59]

1) The TN route is plausible, depending on your field as noted. Most IT companies will provide the necessary legal paperwork. I have lots of Canadian friends working in the US with a TN visa.

2) A lawyer is definitely a waste of money. Unless you have a complicated case, or in need to stand before an immigration judge to argue your case, I say save yourself he money. Most immigration lawyers are clueless. I mean it.

3) If your wife decides to go back to Canada with you, you DO have the option to apply for her residency from within Canada, though it's A LOT slower, simply because Canadian Immigration gives a priority to those families who are physically apart. That does not mean she won't be able to work while waiting for her Permanent Residency. She will be allowed to apply (and obtain) a work permit while her PR application is being reviewed. Yes, Canada takes care of its citizens.

[serena28 2]

I would like to add only to your point about TN visa.

I got my TN visa and the job related to it VERY EASILY. Employers do NOT have to jump any hoops whatsoever. I repeat, they DO NOT have to prove that they could not hire an American because they are NOT sponsoring you.

The only thing you would have to convince to your employer is that you can EASILY get the TN visa upon getting the job offer. The more easy you make it (the TN route) seem like to your employer, the likely they will be to offer you a job.

After getting your job, you can cross the border by road and get your TN visa there as it seems easier to get it from there than at the airports (airport officers do not seem to know too much about TN visa).

I got my TN visa within 20 mins and my employers was first hesitant about it but after I reassured them that it is VERY easy to get, they were on board. All they had to do is be available for a phone call just in case the immi officers needed to reach someone. They even altered the Title on my job letter to make it fit exactly as it states on the NAFTA list of allowed field. Do not worry about get the TN visa, finding a job is harder than that.

[Udella&Wiz 325]

I stand corrected, I guess I got the border guard who'd had someone piss in her cornflakes that day. My company was ready to answer any questions and had provided letters and documentation but it didn;t work out.

[warlord 73]

The issue is a TN Status is a temporary Non-Immigration Status (unlike the visas H1B etc in which you can become permanent). Being married to a US Citizen will be grounds the TN status will not be issued as you could easily (being married to a UCS) just file for residency since you are already married.

Pretty much the only option is for your UCS wife to apply for immediate Green Card for you which will allow you guys to skip a lot of the immigration process because you are now a relative of your USC wife and she can sponsor you. I am not sure how long that takes, but it could be a few years at most. This is what you should look into. After you get your GC, you should then apply for US Citizenship if you ever want the option of remaining in the US after you move back to Canada afterward (since that would abandon your Green Card).

I don't know if you could apply at all for an H1B visa (or any other visas at all), but I do know you can't be granted a TN status in your current marriage to a USC...

Edited February 28, 2014 by warlord

[mtlguy 59]

That's not entirely correct. Being married to a US Citizen does not immediately disqualify you for a TN Visa, provided that you make it clear to the border officer that your stay will be temporary (meaning you don't have the intention to stay permanently in the US). I know that because I had this conversation with a border officer at a POE more than once.

As you have mentioned, If your intention is to go the US for a limited period then the TN route is the best option.

[geodave 0]

So based on this information, a TN visa is viable but potentially tricky; I have to show clearly that I do not intend to STAY in the US past the TN visa limit (or spin my TN visa into a green card which I understand is breaking the rules). So, to go in under a TN visa, basically have a clear timeline on when we'd return to Canada.

If I go in on a green card by virtue of being married to a USC, my biggest concerns are legal ability to work, and avoiding time where my wife and I are forced to be apart.

I know "when can I work" and "how long am I away from my wife" are super common questions, but it's "immediate green card" status that I should be looking up?

[NikLR 13,232]

I purposely left the quote blank and I'm letting you know what you're suggesting is both illegal and against the TOS.

Edited February 28, 2014 by NLR

[Ban Hammer 13,489]

one post removed for tos violation:
Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

do not advise members again in this manner.

[Ban Hammer 13,489]

post below removed and returned to view minus the quoted post, which was removed for a tos violation.

Crossing the border with intent to immigrate but saying you're visiting is a no-no. That would be fairly hard to look like you're visiting but moving your entire household belongings with you.

[serena28 2]

I purposely left the quote blank and I'm letting you know what you're suggesting is both illegal and against the TOS.

Do you know HOW MANY PEOPLE have done it here in VJ? I am just quoting what hundreds of people have asked here.

I DID NOT suggest any ILLEGAL activity. What about the people that post here that they have entered on B2 visa.. n then give a little story about how they "FELL IN LOVE" or what not and just ended up staying here.

In fact, my own lawyer SUGGESTED that if I was to visit Canada while being married to a USC, I shouldn't do the following:

1. Apply for AOS right after returning, wait at least 60 days

2. Do not leave the US while AOS is processing.

NONE OF THIS is ILLEGAL.

[NikLR 13,232]

Do you know HOW MANY PEOPLE have done it here in VJ? I am just quoting what hundreds of people have asked here.

I DID NOT suggest any ILLEGAL activity. What about the people that post here that they have entered on B2 visa.. n then give a little story about how they "FELL IN LOVE" or what not and just ended up staying here.

In fact, my own lawyer SUGGESTED that if I was to visit Canada while being married to a USC, I shouldn't do the following:

1. Apply for AOS right after returning, wait at least 60 days

2. Do not leave the US while AOS is processing.

NONE OF THIS is ILLEGAL.

To AOS spontaneously is legal. To enter the USA with the intent to immigrate and lie to the CBP to get into the USA is called misrepresentation and can lead to a lifetime ban. It is visa fraud. It is true that the USCIS cannot deny without proof of the intent, but if that intent is ever found and proven, then the person will be deported. Even if they are already a US citizen, that can be taken away and they can be deported and banned.

If anyone told the CBP that they were intending to immigrate, the CBP would send them packing and deny entry. So you are suggesting they lie. I don't care what your lawyer said. I know someone that did this and yes, they got away with it. But I don't care. Getting away with a crime doesn't make it legal.

Edited March 1, 2014 by NLR