Canadian w/ disability engaged to USC: options?

[frylock 1]

(This post is cross-posted from another immigration forum. My apologies if it's redundant—I haven't been able to find anything that addresses my particular situation.)

I am a Canadian citizen currently engaged to a US citizen. We lived together in Florida between October 2013 and the following April, at which point my B-2 visa was set to expire, so I returned to Canada. (Prior to this extended visit, she had visited me in Canada.) We are looking for a way for me to stay with her in the US until we are able to get married, most likely in March of next year. However, there are a few different factors that make this whole process overwhelming for me—I'm hoping that someone here will be able to shed some light.

• In Canada, I am the recipient of disability benefits due to a congenital condition (Cerebral Palsy). My intent is to seek employment in the US A.S.A.P., but, if I were somehow able to qualify for SSDI in the meantime (i.e., relating to my fiancée's work-history), that would certainly take a lot of pressure off me, and make the transition that much easier. My understanding is that, as soon as I begin the immigration process, my Canadian disability payments would cease.

• I have been taking steps to make myself employable in the States since last year, but I've never held a steady job before, and my physical disability adds an extra layer of strain.

• As I said, we are looking to get married in the spring of next year. As such, it would seem that my obtaining a fiancé visa wouldn't give us enough time. At the same time, there are reasons that make it difficult for me to remain in Canada until a fiancé visa would be useful (e.g., mental health conditions/emotional support on both sides, without which support I have concerns about hardship). One possibility would be to enter the US on a B-class visa, and then apply for a change in status, but I've heard this would be tricky (since I will have met my fiancée prior to entering).

That's all that comes to mind, at the moment, but I will update this post if I think of anything else . . . I'm very grateful for any assistance that might be offered.

[Boiler 45,525]

The obvious move would be to Canada.

I am no expert of SSDI but I do not think you could qualify on Spouse work history?

Lots of Canadians winter over in Florida, doing so again should not be an issue. No need for a B unless there is something else.

my assumption again is that the Canadian work situation would be much more friendly to you than the US one.

If you want to move to the US in March you need to get a move on, k1's seem quicker and you should be OK starting now.

[frylock 1]

The obvious move would be to Canada.

I am no expert of SSDI but I do not think you could qualify on Spouse work history?

Lots of Canadians winter over in Florida, doing so again should not be an issue. No need for a B unless there is something else.

Thanks for the reply -- I'll mull over what you've said.

I agree that having her move to Canada would be easier, in some respects, except my reasoning is that I don't have such strong "roots" (with the exception of my disability benefits) that would be disturbed by a move. My SO has a job w/ ample opportunity for advancement, and is also working on her Master's.

As far as the B visa: when I entered last time, it was automatic, as you say (Canada-US travel isn't that hard), but the notation in my passport did, in fact, specify a visa type (B-2) and departure date.

[Rob L 3,811]

More thoughts: If you visit your wife for six months at a time , a do not establish residency does, that access to health care or insurance during your transition? Can you move to her plan?

Here is the link to ssi and immigration, http://www.socialsecurity.gov/pubs/EN-05-11051.pdf

Your Sponsor(s) will also sign an afadavitz of support during your immigration that makes them responsible for your support.

[kehills 217]

Honestly, your best bet is likely for her to move to Canada after finishing her master's. The information you've laid out here suggests that you're going to have a difficult time working, there are no disability payment options for you here, and while Boiler is apparently more optimistic than me today, I think it's pushing it to assume you'd have a K-1 by spring. (And yeah, no, there's probably no real way for you to live here while your VISA is being processed. Don't you think most people would, if they could and it was easy?)

Re: health and other issues, you could try for an expedite of the process, but it's not going to solve the issues of disability income or your ability to work.

[frylock 1]

More thoughts: If you visit your wife for six months at a time , a do not establish residency does, that access to health care or insurance during your transition? Can you move to her plan?

Here is the link to ssi and immigration, http://www.socialsecurity.gov/pubs/EN-05-11051.pdf

Your Sponsor(s) will also sign an afadavitz of support during your immigration that makes them responsible for your support.

Interesting idea. My gut says that the Canadian government would take issue with that arrangement, but I'll have to check.

Moving to her plan would not be ideal (her company allows her to get free insurance, but adding me would be expensive), but it would be possible. That said, I would lose income support until I secured a job. Still worth considering, though.

Apart from my fiancée, I do have a half-brother who lives in the States/is married to an American citizen, but he is only a Permanent Resident, at this point, and they don't live in the same state as I'd be going—not to mention that I don't think "half-brother" counts as immediate family, for the purpose of sponsorship.

On top of all this, I thought I might have had a claim to US citizenship by acquisition (paternal grandfather born in VT in 1910, maternal great-grandfather born in WY), but that was also a dead end

Edited August 10, 2014 by frylock

[frylock 1]

Honestly, your best bet is likely for her to move to Canada after finishing her master's. The information you've laid out here suggests that you're going to have a difficult time working, there are no disability payment options for you here, and while Boiler is apparently more optimistic than me today, I think it's pushing it to assume you'd have a K-1 by spring. (And yeah, no, there's probably no real way for you to live here while your VISA is being processed. Don't you think most people would, if they could and it was easy?)

Re: health and other issues, you could try for an expedite of the process, but it's not going to solve the issues of disability income or your ability to work.

Very true. Tough love is sometimes needed—I appreciate it.

[Rob L 3,811]

. (And yeah, no, there's probably no real way for you to live here while your VISA is being processed. Don't you think most people would, if they could and it was easy?)

He cannot be a US resident, and he cannot work without a work visa, but Canadians can visit for 6 months at a time without a visa. If he can work out the medical and disability pay issues, he might want to be with his wife. It might give him the opportunity to search and network for work. The OP stated his intent to try to work.

[frylock 1]

He cannot be a US resident, and he cannot work without a work visa, but Canadians can visit for 6 months at a time without a visa. If he can work out the medical and disability pay issues, he might want to be with his wife. It might give him the opportunity to search and network for work. The OP stated his intent to try to work.

Thanks for this. I think you hit the nail on the head as far as what we'll have to do if I want to end up there in the long term.

I may set up a consult with a lawyer so I can touch on the hardship angle (that is, that we would both be negatively affected through not being permitted to cohabitate), just to be safe. For instance, SO helps me with some things I really can't manage by myself, such as physical therapy. Without getting into specifics, I also help her manage in her daily life.

I should also mention that I did a bit of networking on my last trip, and I have some promising leads for work, but the real question is whether or not I can handle jumping in right now, from a physical perspective.

[MacUK 983]

One possibility would be to enter the US on a B-class visa, and then apply for a change in status, but I've heard this would be tricky (since I will have met my fiancée prior to entering).

I'm surprised no-one's picked up on this part of the post yet.

Forget this plan, it isn't 'tricky', what you are considering there is immigration fraud and is not looked upon kindly.

[aaron2020 11,651]

I'm surprised no-one's picked up on this part of the post yet.

Forget this plan, it isn't 'tricky', what you are considering there is immigration fraud and is not looked upon kindly.

Actually, it is looked at very kindly.

According to case law, the preconceived intent to immigrate alone is not a valid reason to deny the AOS of an Immediate Relative if a USC as long as the beneficiary did not lie at the POE.

[frylock 1]

My understanding is that it's not always cut-and-dried, but doing such a thing would tend to sway them toward denying me, which is why I'm not banking on that.

[NigeriaorBust 4,087]

Posting here can be seen as prior intent which ups it to immigration fraud. ( this site is monitored to some extent by immigration it has been mentioned at several interviews )

[frylock 1]

Noted. In my defense, I'm posting here because I want to do things in an above-board fashion. It crossed my mind to take a gamble and stay in the US past when my visa last expired, but clearly, I decided to do the right thing, and I'm interested in finding the right way back.

[NigeriaorBust 4,087]

The obvious routes to the US are the K1 and the Cr1 both of which will take some time. Your fiancé's work history has nothing to do with your ability to get ssdi. It would be based on your own work history.