I need some help :)

[jasonml18 1]

Hi everyone, my name is Jason and I am a U.S. citizen. I am currently dating a woman that lives in Windsor, Ontario and works at the University. She wants to move in with me in my Michigan home (we are eventually getting married, but not engaged yet) and still wants to work for the University. Her job would not require her to commute back and forth everyday, but maybe once a week. So either of us has no idea where to start hence my topic. So what is the first step? I have many many questions and just don't want to start out with 20 unless someone has the time to answer them lol. I thank everyone in advance for all of your help.

Edited April 12, 2016 by jasonml18

[Caryh 5,206]

There is no go live with your boyfriend/girlfriend visa. There is a spousal reunion visas or fiancee visa which require you to marry in 90 days. The fiancee visa would not allow her to return to Canada to work for months after coming here. She could come and visit for extended periods, but eventually they will notice she isn't staying in Canada very long and not allow her in.

[templeton 120]

Given the situation you describe, marriage seems to be her only path to live with you permanently. Look at the guides to decide whether the K-1 or CR-1 Visa would suit your preference, but since she wants to be able to return and work, CR-1 might be the best option.

[jasonml18 1]

Ok, so what if we do get married and still works at the University. How does the health care work? Would she have to go on mine? What about taxes? I know she will still have to pay for taxes over there, What happens over here? Does she have to claim her Canadian wages?

[phd1974 17]

The US and Canadian healthcare system are different. "Most" US health insurance plans would not work outside of the US. If she went on yours, whenever she needs medical assistance, she would have to go to a hospital in the US that recognizes that insurance. Canada would not recognize the insurance that you have .... for "most" cases. And vice versa for Canadian insurance usage in the US.

You would have to file taxes, even though she works in Canada. You would have to count her income, either jointly or (married) separate filings. For that, I would consult a tax expert in that regards.

[TBoneTX 45,267]

Welcome to the forum. I agree that filing the I-130 petition and applying for the CR-1 visa sounds like your best bet.

[aaron2020 11,651]

Ok, so what if we do get married and still works at the University. How does the health care work? Would she have to go on mine? What about taxes? I know she will still have to pay for taxes over there, What happens over here? Does she have to claim her Canadian wages?

As an LPR, she would be required to have health insurance in the US.

She would have to file Canadian taxes on her Canadian income since Canada taxes money where it is earned. She would also need to declare her Canadian income on her US tax return since the US tax her based on her LPR status and her worldwide income. On her US tax return, she would get a credit for the taxes paid in Canada. She would be dealing with two separate tax systems which is not coordinated and quite different. This is not a DIY IMHO; she will want an accountant versed in both tax systems.

[jasonml18 1]

Ok, Thank you for the responses! So after hearing some of the very few options.It sounds like she would be better off finding a job in Michigan opposed to continuing her employment in Canada. So I imagine that this is completely different path to go down. What are the options? Work Visa? Green card? We really are not ready to get married yet and just don't want to get married for the wrong reason.

[Caryh 5,206]

Ok, Thank you for the responses! So after hearing some of the very few options.It sounds like she would be better off finding a job in Michigan opposed to continuing her employment in Canada. So I imagine that this is completely different path to go down. What are the options? Work Visa? Green card? We really are not ready to get married yet and just don't want to get married for the wrong reason.

Unless an employer in the USA sponsors her, she's not going to get a work visa. I don't know what type of work she does, if its a high enough demand field, she might be able to take that option. She can visit pretty liberally from Canada, but her options to move here are limited. There is no green card option. She needs a visa which will allow her to enter as an immigrant or temporary worker in order to qualify for the green card. You don't just apply for a green card because you want to move to the USA and live there. I know years ago Canadians just drove across the border and started a life here. No one checked if they were here legally, no one even really cared much. Heck I've had friends who's parents were essentially illegal aliens from Canada. But this method no longer works.

[jasonml18 1]

Thanks Caryh, She is currently a Professor at the University in Windsor. So a work visa first, which one? Then she can apply for a green card? I read that if have lived in the U.S. for 5 years you can apply for a U.S. citizenship. Is that true? If that is true and she had a work visa for that amount of time, could she then apply for a U.S. citizenship?

[Unlockable 7,314]

A work visa is a different path and not any easier.

She needs to find an employer that is willing to sponsor her. And work visa is not for common jobs. You say she works at a a University. If she is a nuclear physicist professor then she may have a shot. If she is a clerk at the school's library then it is not likely.

You may start to get a realization feeling that you two are in a very complicated situation. You are so close yet have many barriers in your way without marriage as an option.

Immigration is known to put a strain any relationship. Stay strong and continue to visit and support each other. If it was meant to be, eventually you will be together.

ETA: I just saw that you posted that she is a professor. That is good. She will need to find a University that is willing to sponsor her as they are the ones that will apply for the visa for her. Keep in mind that a work visa is not an immigrant visa. It is a non-immigrant visa.

Edited April 13, 2016 by NuestraUnion

[Caryh 5,206]

Thanks Caryh, She is currently a Professor at the University in Windsor. So a work visa first, which one? Then she can apply for a green card? I read that if have lived in the U.S. for 5 years you can apply for a U.S. citizenship. Is that true? If that is true and she had a work visa for that amount of time, could she then apply for a U.S. citizenship?

A permanent work visa would essentially come with a green card. A temporary work visa would require her to return after a set period. So it depends on which type she would get. When you've been a permanent resident (green card holder) for 5 years you can apply for citizenship. If you're married to a US citizen during the time and a permanent resident, this is reduced to three years.

[jasonml18 1]

So the way to go is to get a permanent work Visa is possible, right? Who determines that? So lets say she gets a work visa and want to get married during that period. is that possible? Sorry for all the questions and scenarios. BTW, she is a highly skilled professor in a field that does not have many job openings. I don't think I ever said "clerk" in my post.

[Unlockable 7,314]

Jason,

Yes if she is here on a work visa and later you decide to get married it is ok.

The clerk position was just an example.

Her first step is to find her an employer that is willing to sponser her here. Nothing can happen until then.

Nothing wrong with asking questions. You are learning the process.

Edited April 13, 2016 by NuestraUnion

[Caryh 5,206]

So the way to go is to get a permanent work Visa is possible, right? Who determines that? So lets say she gets a work visa and want to get married during that period. is that possible? Sorry for all the questions and scenarios. BTW, she is a highly skilled professor in a field that does not have many job openings. I don't think I ever said "clerk" in my post.

Yes, she wants to find a position where they will sponsor her for a permanent work visa. The company that wants to hire her would be the one determining which status they want. If they want her as a permanent worker, then they apply that way. If they want her for just a term, they apply for a temporary. Although giving her standing as professor, if there's an open position in a university near you, I would assume they'd want her permanently. And yes you can marry at any time, even now.

Edited April 13, 2016 by Caryh