Fw: H1-B visa holder wants common-law partner to have a

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This from "ask an income tax and immigration expert" from www.centa.com or www.jurock.com dealing with multi jurisdictional cross and trans border expatriate problems 
QUESTION:
I am a Canadian and have an H1B work visa for the U.S. I have a common law partner who is Canadian. He has been 'commuting' between Canada and the US, as he freelances in Canada (where he can legally work), and then visits me
in the U.S. for 3-4 weeks (and does not work).
We want him to be able to stay in the U.S. with me, but we need him to be able to work (we need the extra income).
I know that if we marry, he could be eligible for a dependant visa, but this doesn't allow him to work.
He is eligible for a TN visa under a few categories, but he finds that when he cold-calls or applies for jobs, any mention of needing a visa and the company is not interested.
My questions:
1) If we marry and I apply for a green card, does that help him any? - 
Not until you get your Employment Authorization which will take a year or two.  In the meantime,. If he is on your application, he can not work in the US and if he crosses the border to work in Canada, he can not come back
.
2) If we marry and he applies for a dependant visa, will that help him at all in getting a work visa down the road?
As above - but only after you get your Employemnt authorization.  In the meantime, crossing the border is a NO NO.
Otherwise, what would be the best way to go about this?
Thanks.
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david ingram replies: 
You could get married and get him an H4 but as you say, there would be no work permit with that.  
He should get a sample set of letters made up for his TN visa. we could do that for you.  If he does get a job offer, he can produce the letters himself and say "sign here'. The comapny does not have to hire anyone or pay anyone.  He can cover the cost himself.
A TN Visa is not really a Visa - It is more of a status.  
AND, if he qualifies for a TN visa, he certainly qualifies for his own H1B.
If he decides to go this way, he should not mention he is engaged or living in a common-law union with a US resident who is applying for a green card.  A TN may NOT enter the US if it is their intention to stay more than a year.  The TN applicant has to be prepared to leave by the end of the year although they "can" have the visa  renewed for a supposed infinite number of years.
After he has his TN, you can apply for the Green card.  When the application is started and well under way, get maried (check the timing  first) and add him to your application as a spouse.  He should start applying (pay for it himself) his own H1B as soon as he has his TN.  Then he can be expecting to stay for up to seven or eight years AND he can be applying for a green card.
Hope this helps.
David Ingram
David Ingram's US/Canada Services
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
4466 Prospect Road
North Vancouver,  BC, CANADA, V7N 3L7
Res (604) 980-3578 Cell (604) 657-8451
(604) 980-0321 
New email to [email protected]
www.centa.com www.david-ingram.com
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