QUESTION:
Hello,
I'm a canadian that has been in hte us for 8 years, on Tn then a h1-b, and
now new job on TN. I am planning on marrying american boyfriend of 4 years,
we were hoping on a cruise. Is this possible? Also, I need to keep
employment through out. How should I go about it, forms, etc.
I would appreciate all the info possible,
Thanks
==================
david ingram replies:
It would be better if you had an H1 if you are getting married. An H1 is a
dual status visa. Technically, your TN is not valid NOW because you intend
to marry an American and live in the US. Whatever you do, do NOT leave the
US and have to deal with anyone at the border. In particular, do not jump
down to Mexico for a day with your fiancée All you have to do is be
crossing into the US with an American Fiancée and you will be turned back.
Over the years I have had several calls from fiancée's who have been turned
back at the Mexican border which is really tough because then you have to
find a direct flight from Mexico to Canada. One client had to get to Mexico
City, and flew from Mexico City to London and back to Vancouver at great
expense, loss of job, etc.
The next best is to get married right after you get your TN and then have
your husband sponsor you for a green card. He can do it himself but I would
really recommend you use a US Immigration Attorney for help. The following
former Q & A might give you some ideas.
-
------------------------------------------
QUESTION:
Hi. I am a Canadian citizen who is planning to marry an American citizen.
My future wife's Ex-husband will not allow their daughter to cross the
border. So our plan is to live in the US. I have a good job in Canada, so we
would like to live close enough to the border so I could do this. Will this
be a problem for me crossing the border? I will continue to work in Canada
and living in the US throughout my Fiancé visa period, and application time
for permanent resident. I have heard from a few people that you must remain
in the US for an extended period of time. Is this true?
====================================
david ingram replies:
Be very careful:
If you go south on a Fiancée visa, you will be able to do the paperwork in
Vancouver. If you get married first, you will have to do the paperwork in
Montreal. The general rule is that you are not allowed to re-enter the US if
you leave while waiting for your actual resident alien card.
Another solution is for you to "absolutely" maintain a Canadian home and a
US home. You live in one and visit your wife and she comes up to visit you
in Canada on weekends when the child is visiting with her father. This has
the advantage of keeping your Canadian Medical plan alive because it will
die (even if you pay the premiums) if and when you cross the border to live
in the USA,
It is possible (in exceptional circumstances) to obtain an advance parole
which will give you the right to cross while waiting for your actual
resident alien card.
I am NOT the person to deal with this (but do send me your income tax
returns when the time comes)
You need to consult with a qualified US Immigration lawyer to make sure you
do it right.
If you are in the Vancouver Area, I could recommend:
David Andersson at (604) 608-0818 or
Terry Preshaw at (604) 689-8472 or (425) 259-1807
If you are anywhere else, you should likely contact Joe Grasmick at
jgrasmick at grasmick.com
Hope this helps:
============================================================
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US / Canada / Mexico tax, Immigration and working Visa Specialists
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