Canadian married to American: E2 or Green Card?

[CanadianSLP 0]

Hi folks,

 

Perhaps this is a better question to pay a lawyer $100 an hour to answer, but I am trying to determine whether an E2 visa or a Green Card would be the best course of action for me.

 

The facts:

 

- My wife is a dual US/Canadian citizen.

- We both currently reside in Canada.

- We are both classified as professionals under NAFTA (so I qualify for E2)

- We have both received job offers in the US

- The start dates are 3-4 weeks away. 

 

Do I....

 

(a) Just bring my letter of employment to the border with passport, etc. and get the temp E2 visa

(b) Start the Green Card process

 

Of course, the Green Card would be preferable, but...

 

(a) I do not want to miss the start date for my job.

(b) I'm afraid this will limit my ability to travel between Canada and the US. 

 

I'm new at this. Help!

 

Thanks in advance.

 

 

[Roel 7,192]

Cr1 spouse visa. 

[CanadianSLP 0]

I'm reading that the CR1 takes 8-10 months. I don't have that long, unfortunately.  It's apparently quite easy for a Canadian citizen to receive visa sponsorship from a US employer. I understand that a letter of employment needs to be presented at the border, along with a list of other documents which I have. Is this really the best method for me? 

[Boiler 45,525]

Do you mean TN?

[Ontarkie 14,226]

~~Moved to Work Visas, from the Canada forum- As the OP is looking mostly at work visas as they both have job offers.~~

[CanadianSLP 0]

Yes, now that I look at it, TN is what I am talking about! So TN, not E2. 

[Boiler 45,525]

[Coco8 1,042]

Use TN. 

 

Then, you might be able to adjust of status (AOS) within the US because you are married to a US citizen. However, you won't be able to leave the US while you do that because I think that you cannot apply for a green card when you are on TN visa. You have to check that out. The process within the US is a bit faster because in ~4 months you get a work authorization and much later you get your green card. But green card is only worth it if you plan to stay in the US for roughly 4 years. That way, you can become a US citizen, and then do whatever you want (go to Canada, stay in the US). If going to the US is temporary, keep the TN and don't spend money and time on green card application.

 

CR1 takes 12-14 months so it is not possible for your case.

Edited August 24, 2017 by Coco8

[Boiler 45,525]

TN is non immigrant.

[caliliving 606]

Get a the TN and then you can do the green card later. 

What is the job?