Canadian staying in the US but working for Canadian Company

[funkedelic_bob 0]

Hey,

I did some searching but everyone's story and situation is a bit different, so I'd really appreciate some help!

I'm Canadian, and I have a Canadian corporation that does app (iPhone, Android) contract work, we've stopped operations/work but are keeping the company open for various reasons. I'm currently looking for new jobs in Canada.

My girlfriend, who has US and Canadian citizenship, currently lives here in Canada but is moving back to California as the company she works for resides there.

We're not really keen on being a part, but because of my education (no degree) I wouldn't qualify to go down on a TN or H-1B Visa.

My question is can I go down on a B1/2 Visa and work remotely for a Canadian company (paid in Canadian to a Canadian bank account) is that allowed? I hear different different stories about time allowed in the states and how long I can reside there.

Cheers!

[aaron2020 11,651]

Lots of us work remotely while on vacation.

Just don't abuse your status to de facto live in the US. You can visit her, but you can not "reside" here.

[Boiler 45,956]

Yep.

No need to make a fuss of things when you visit.

[NikLR 13,232]

Remember we're allowed in as tourists and if the CBP feel that you're trying to live there, or that you've spent too much time, they can easily deny you entry. Be careful that you don't stay so long as to lose your Canadian health care or that you stay so long the IRS think you should be filing taxes too.

If you're planning on staying in the USA for a lot of time, you may want to look into get a US bank account. Both TD and RBC have US banks that combine with your Canadian accounts and allow you to easily transfer the money online from one side to the other so you can still use your Canadian pay cheque.

[aaron2020 11,651]

Remember we're allowed in as tourists and if the CBP feel that you're trying to live there, or that you've spent too much time, they can easily deny you entry. Be careful that you don't stay so long as to lose your Canadian health care or that you stay so long the IRS think you should be filing taxes too.

If you're planning on staying in the USA for a lot of time, you may want to look into get a US bank account. Both TD and RBC have US banks that combine with your Canadian accounts and allow you to easily transfer the money online from one side to the other so you can still use your Canadian pay cheque.

Thanks for brining up the IRS.

The Substantial Present Test.

http://www.irs.gov/Individuals/International-Taxpayers/Substantial-Presence-Test

[funkedelic_bob 0]

Thanks for the responses everyone!

I guess the long term facts are that I do intend to live in the US, but I don't want to do anything illegal or bend the truth in getting there. We're going to be engaged this summer but probably wont marry until summer of 2016. I also know I wouldn't be able to get a fiancé visa until 90-days before we get married. Basically I just want to be able to be in the states with her for as long as possible before we get married and then I'll go through the next joyous task of applying for a CR-1 Immigrant Visa for a Spouse of a U.S. Citizen.

But just as I was typing this I realized that in June we'll be considered common law in Canada... and as the U.S. Department of State says:

• Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs.

And Canada federal law states we are common-law after 12 months.

So if I visit and stay with her in the states for 6 more months on a B1/2 then I could apply for a CR-1 as we'll be beyond 12 months of living together, correct?

[Boiler 45,956]

Do not where you read that but no.

Bring forward your wedding.

[funkedelic_bob 0]

Haha Boiler, I don't think bringing up the wedding is an option. If we have to wait, we have to wait. She can work remote and come back to Canada if we have to, so we just want to do this by the book.

In respect to where I read that; it's written on the U.S. Department of State's Visa website:

http://travel.state.gov/content/visas/english/immigrate/types/family/immediate-relative.html#1

And the government of Canada's website's definition of common-law is here:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=346&t=14

I could be wrong Boiler, but it seems right by those definitions on their website..?

[NikLR 13,232]

No you cannot use being common law in Canada to apply for a CR1. Everyone can get married anywhere in Canada.

Our common law relationship are not recognized by the USA for immigration purposes because everyone can get married.

[NikLR 13,232]

FYI you can move up the wedding date and have a small private ceremony, then start the CR1 process which takes about a year (the interview happens in Montreal FYI) then have the other wedding date when you originally planned it. the only difference is, you're not signing the license that day and you've been actually married since the first ceremony.

My mom still isn't legally married to my step-father because it affected their pensions too much. But they had a wedding and signed a promise certificate and all that jazz. No one but immediate family knows they're not really married. They've been together since I was 17 (almost 17 years) so obviously they've been common-law for a while. LOL