Amended a bit
My_question_is: Applicable to both US and Canada
Subject: Moving to the USA
Expert: taxman at centa.com
Date: Thursday March 02, 2006
Time: 10:13 AM -0800
QUESTION:
I am a divorced, 30 year old, mother of three. My ex-husband has custody of
our children.
I met a man over the internet, who lives in California, and he flew me down
here from Manitoba, Canada, to see if we want a future together. Turns out,
we do! When I went through security in WInnipeg, Manitoba, Canada, the
immigration officer was very negative, and accused me that I was planning to
stay in California, and not return to Canada. I told him that I would be
returning to Canada to visit my children, and I did not know where this
relationship would go. I guess since I did not have a return ticket, he was
concerned, and gave me a return date of June 1st, 2006 (legally I could be
down here for 6 months - I only left on February 14, 2006).
My boyfriend and I have decided that we would like to continue living
together in California, with me making trips back to Manitoba, Canada to
visit my children. I would eventually like to become a US citizen if this
relationship leads to marriage, but for now, I'd like to live here and work
at the same time!
What is the best route for us to take? I've heard that it would work well
for my boyfriend to sponsor me as his fiance, which we are both in favor of.
I was also wondering, that when I do fly back to Winnipeg, Manitoba Canada,
how long must I be in Canada before I return to California?
If you could get back to me, I'd really appreciate it very much!
Thanks,
-------------------------------------------------
david ingram replies:
I am surprized that you were allowed into the US under those circumstances.
There is no legal right to be in the US for six months six weeks, 6 days or
6 hours.
Every entry is subject to the time limit given to you by the Homeland
Security Officer. He was extremely lenient and must have felt you were a
neat person to allow you in for 3 1/2 months.
You can NOT live with your new friend without his sponsoring you as a
fiancée and marrying you within 90 days of its issuance. If you are already
in the US and this is your true love, you might find it easier to get
married and be sponsored there. Otherwise, you have to process a fiancée's
visa through Vancouver or if you get married and are in Canada you have to
be processed physically through Montreal.
If you cannot get married right away because one of you is still married to
someone else, you are going to be disappointed because the next Homeland
Security person may not allow you in. To be a visitor to the US, a Canadian
is supposed to have a home in Canada with a hooked up phone, hydro, heat,
etc.
If you have a University Degree, it is usually fairly simple to get a work
visa if you can find an employer. Other skills which may have more value
than a University degree are not as easy to get permits for. Fr instance, if
you were a medical technician or a computer system analyst or a management
consultant without a degree, we could have you working and living in the
United States tomorrow with the right job offer.
You should consult with a competent US immigration attorney. If you can not
find one you are happy with, try Joe Grasmick at www.grasmick.com. I also
warn you that good help in this area is NOT cheap.
David Ingram's US/Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
Home office at:
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
Calls welcomed from 10 AM to 10 PM 7 days a week (please do not fax or phone
outside of those hours as this is a home office)
email to taxman at centa.com <mailto:taxman at centa.com>
www.centa.com <http://www.centa.com/> www.david-ingram.com
<http://www.david-ingram.com/>
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