Canadian future spouse wants to continue working in Canada

[americangirl717 1]

Im American and own a home in the US near a common port of entry and recently got engaged after a year. Weve been going back n forth visiting one another in our respective countries and we just want to stop trying to maintain two households and start our lives together. I realize once were married I have to file the I130 and my affidavit of support but my fiance is a canadian and wants/needs to continue to go back to Canada everyday or so to work. He really has no intention on quitting his job (he only lives 25 miles from me in Canada and another 7 miles to work). If he intends on working and maintaining a residence in Canada until he gets permission to live here, what do we to make sure he can still come n go to work? im sorry but i keep reading and cant seem to find our exact situation for guidance. Can he declare his intent to marry me without my filing k1 visa since he has apt and job still in canada? he has passport for tourist stay which is valid thru april 2015

[Ontarkie 14,222]

~~Moved to What Visa Do I Need - Family Based Immigration, from Tourist Visas~~

[Boiler 45,510]

K1 would not work in your case, you need to go CR1.

[NikLR 13,227]

I agree with Boiler, K1 would require him to stop working for 3 months to get the advance parole to be abke to leave the USA. I suggest getting married first and chase a CR1 visa if you guys want to live in the USA. This will mean he won't have an interruption from working. As long as he is residing in the USA his green card should be fine. If he doesn't have one already, a NEXUS card would be benefificial. He won't be able to use Canadian health care after moving so keep in mind you'll need US health insurance once that happens.

The other idea is to buy a house in Canada, you move there and pursue your Canadian PR status.

Either way one of you will have to file taxes in the USA and Canada. As a USC you always have to do so, as a green card holder he would also have to.

Edited March 27, 2014 by NLR

[NikLR 13,227]

Btw you do not need a K1 visa to get married in the USA. You need a K1 visa to get married and STAY.

Canada has no such requirements.

[americangirl717 1]

yes, we are planning cr1 route, not k1 route. we plan on marrying on april 15th without much fanfare but filing I130 after that. He has had no problem visiting as usual on his days off since referring to me as his fiance. We just hoping to get reassurance from forum members that other than the usual potential "grilling" he can get at the POE, hes not or were not doing anything inappropriate by continuing our usual commutes cross border while awaiting the processing of our petition for spousal visa. we are starting to get really excited about marriage, finally.