esperando enohio

Hello . . . I will make this is as short as possible:
I am a US citizen, my husband is a Mexican citizen. We are being held up by US Immigration in our application for a visa for my husband (NOT due to any reasons of criminal records or illegal presence in the States) and are exploring our options of living either on the US-Canada or US-Mexico border. The US-Canada border is MUCH closer to my family but I am worried about Canadian immigration issues. Mexico is NOT on the list of countries that require a Temporary Resident Visa and my husbnad DOES have a valid Mexican passport.

I want to finish my Master's degree (I could do this at SUNY Buffalo). My husband wants to finish his Undergrad degree. From the looks of things we will not be receiving my husband's US visa for another 2-2 1/2 years.

My main question is: How difficult is it to obtain permission to live (and work, for my husband - I can work in Buffalo) in Canada for under 3 years, given that my husband probably won't qualified as a Skilled Worker? When we arrive in Canada, how long will we have to change status so that we can stay beyond the time given by the border official?

Any information or advice from someone who is in or was in a similar situation would be extremely helpful. Thanks in advance.

Rete

I don't know diddly about Canadian immigration but I do know about marriage-based visas for the US. If you are petitioning for your husband's residency status in the US, I don't understand what the problems are that you are confronting. If you live in upper New York State, then Albany and Buffalo are super fast with marriage-based visas and your husband should be finished and a PR within a year at the very very most. If you are in PA, then Philly and Pittsburgh are just as quick. NYC, of course, is a long wait for adjustment and would run about 2 years. But even so, during the wait he is accorded the opportunity to have the right to work and the right for travel through advance parole. The only thing I question from your post is that perhaps you filed the I-130 with Vermont and are awaiting its adjudication before filing for the I-485 and the permission to work and travel. Even though that is the incorrect method of filing, you can cancel the I-130 and refile the I-130 and the I-485 at the local level.

Rete

esperando enohio

Thanks, but we've already been through all that. My husband has never been in the United States - we were married in Mexico about a year ago. His K3 application was declared incomplete for reasons I don't have the time or the heart to go into right now (nothing that would prevent him from being admitted into Canada) and we were told to come back within 3 years to complete the application. Thus the I-130 is on hold as well and he is now allowed entry to the US, obviously, until he has a visa in hand.

We are thinking about re-trying within the next year or attempting to appeal the consulate's "incomplete" decision but meanwhile we'd like to be together, so that's why I'm looking into Canada.

MissF

Try applying for a Visa to Canada under the NAFTA agreements. This should make it easier for US and Mexican citizen.

take a look on www.cic.gc.ca/english/

Good luck

ABW

Not quite that easy for US and Mexican citizens.
As a USC, I've been there (as far as applying for a work permit in Canada hoping to redeem that work permit to PR status after 1-2 years).
There are so many hoops to jump (red tape and Catch 22). I finally gave up and applied for PR status in Canada directly.
Check this NAFTA regulation:
http://www.dfait-maeci.gc.ca/nafta-alena/menu-en.asp

esperando enohio

Thanks everyone . . . . but I'm a little confused about all the NAFTA stuff. Can anyone tell me, in a nutshell (if that is even possible), what the liklihood is that my husband and I will be able to live and work in Canada for 1-3 years? Neither one of us qualifies as a skilled worker. I just want to live in the Niagara area, commute to SUNY Buffalo to finish my Master's degree and perhaps commute as well to a job, while my husband works in Canada, until we get our US visa issues cleared up. What I don't want is to get to Canada and find out that we won't be allowed to extend our stay or get temporary work permits. My husband would go crazy if he had to be without a job.

I know I'm asking a lot, for someone to simplify a very complicated issue, but if there is anyone out there who can relate a similar experience I would be very grateful.

ABW: Were you able to get permission to work while you're waiting for your PR status? What has been your experience (as far as wait times, complications, etc.) of Canadian immigration? How long do you have to be in Canada to apply for PR status, and what are the major requirements? Thanks for any info . . .

ABW

I am in the same club as you (US citizens) and I live in the states so I don't have a work permit for Canada.
I just sent my application for PR status in Canada last month.
As far as complications and major requirements, you are dealing with a government agency so be prepared...
Dot all eyes and cross all teeth if possible

As far as wait times, just like dealing with ANY other government agency ANYWHERE on earth, Hurry up and wait!!!!
Check this thread for details on the NAFTA snafu:
http://www.britishexpats.com/forum/s...d.php?t=268890

esperando enohio

Thanks ABW . . . I read the thread you posted and it looks discouraging. Although theoretically I could commute across the border (we were thinking of moving to the niagara falls area) to a job and a school, my husband would not have the same advantage. He absolutely has to have a job and finish his college degree before he (or we for that matter) can have any peace of mind and security.

Can anyone tell me if it's easier to get temporary work permits for lower-paying jobs (like waiters or kitchen workers)?

Also, continuing my never-ending demand for quick answers, can ANYONE out there tell me how long it takes to get a decision on PR status? I'll post another thread about this but I'm looking for as many opinions as I can possibly get.

Thanks everyone and have a great New Year!

PMM

Hi

To be brutally honest, if neither of you qualify as for PR as a skilled worker, I assume you took the test on www.cic.gc.ca then you are out of luck in your plan to have your spouse move to Canada as visitor and you commute to work in the US. CIC will not let your husband stay as a visitor for 3 years. There is no way that HRSDC will approve a job (no CC/PRs available) for the service industry so that you or your spouse can get a work permit. If you apply for PR from the US you are probably looking at 20/30 months for processing if you qualify. See: http://www.cic.gc.ca/english/departm...2-skilled.html

PMM

rfvalve

Your best bet is to apply for a canadian student visa for you and your husband, once students, you may try permanent residency status. Visa applications for PR last about a year while student visas can be given in the US border upon presentation of school admission letter and proof of funds. Your husband can stay with you if you hold a student permit. As a student, you can only work on-campus. If you qualify for a PR visa, your husband will be given the same visa under yours so there is no need for your husband to qualify.