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Married to an American, living in Canada

Married to an American, living in Canada

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Old Feb 12th 2004, 3:23 am
  #1  
Stanley Roberts
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Default Married to an American, living in Canada

I have a general query: I'm married to an American and we're living in
Canada. I am a Canadian. We live in Windsor Ontario and my wife
commutes every day to work in Detroit; she is a permanent resident.
I'm am obviously disqualified from applying for the visas most
professionals need to work in the US because of my marital status
(i.e., I cannot be considered a "temporary" worker). What process must
I follow for the ability to work in the USA but live in Canada? Do I
apply for a green card through consular means? I thought a green card
implied residency in the US(?).
Thanks in advance!
 
Old Feb 12th 2004, 4:44 am
  #2  
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Default Re: Married to an American, living in Canada

Originally posted by Stanley Roberts
I have a general query: I'm married to an American and we're living in
Canada. I am a Canadian. We live in Windsor Ontario and my wife
commutes every day to work in Detroit; she is a permanent resident.
I'm am obviously disqualified from applying for the visas most
professionals need to work in the US because of my marital status
(i.e., I cannot be considered a "temporary" worker). What process must
I follow for the ability to work in the USA but live in Canada? Do I
apply for a green card through consular means? I thought a green card
implied residency in the US(?).
Thanks in advance!

There isn't any that I know of. If you qualify, professionally and educationally, you could attempt an H-1B which will allow you to work in the US but not sure if you can live in Canada while doing this or even if you would be able to get the H-1B because of your marital status to a US Citizen.

It would appear that you don't want to live in the US (which is not a problem) but do wish to earn your living here and take it back to Canada. A green card (symbol of permanent residency) is not for you. It would mean that you actually would have to reside on this side of the border in order to maintain your residency status.

Now of course there is the alternative of giving up a few years of your life and living in the US until you become eligible for and have obtained US Citizenship which would allow you to do what your wife is doing.

Rete
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Old Feb 12th 2004, 4:54 am
  #3  
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Default Re: Married to an American, living in Canada

Originally posted by Stanley Roberts
I have a general query: I'm married to an American and we're living in
Canada. I am a Canadian. We live in Windsor Ontario and my wife
commutes every day to work in Detroit; she is a permanent resident.
I'm am obviously disqualified from applying for the visas most
professionals need to work in the US because of my marital status
(i.e., I cannot be considered a "temporary" worker). What process must
I follow for the ability to work in the USA but live in Canada? Do I
apply for a green card through consular means? I thought a green card
implied residency in the US(?).
Thanks in advance!
Hi:

You have some big misconceptions about things. I suggest you consult with an immigraton attorney in the Detroit area. Michael Piston comes to mind -- (248) 524 1936. Mike and I have made mutual referrals and I've been quite impressed with his work.
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Old Feb 12th 2004, 4:59 am
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Default Re: Married to an American, living in Canada

Originally posted by Rete
There isn't any that I know of. If you qualify, professionally and educationally, you could attempt an H-1B which will allow you to work in the US but not sure if you can live in Canada while doing this or even if you would be able to get the H-1B because of your marital status to a US Citizen.

It would appear that you don't want to live in the US (which is not a problem) but do wish to earn your living here and take it back to Canada. A green card (symbol of permanent residency) is not for you. It would mean that you actually would have to reside on this side of the border in order to maintain your residency status.

Now of course there is the alternative of giving up a few years of your life and living in the US until you become eligible for and have obtained US Citizenship which would allow you to do what your wife is doing.

Rete
Hi:

The green card DOES allow for "commuter" status -- its something that's been around since the 1920's.

Last edited by Folinskyinla; Feb 12th 2004 at 5:04 am.
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Old Feb 12th 2004, 6:08 am
  #5  
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Default Re: Married to an American, living in Canada

Originally posted by Folinskyinla
Hi:

The green card DOES allow for "commuter" status -- its something that's been around since the 1920's.

True but NOT if he is living in Canada and only using the green card as a vehicle to work in the US while actually living in Canada.

Unless, of course, this is allowed and not considered abandonment of status.

Look forward to your clarification.

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Old Feb 12th 2004, 7:04 am
  #6  
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Default Re: Married to an American, living in Canada

Originally posted by Rete
True but NOT if he is living in Canada and only using the green card as a vehicle to work in the US while actually living in Canada.

Unless, of course, this is allowed and not considered abandonment of status.

Look forward to your clarification.

Rete
8 CFR 211.5. Look it up.
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Old Feb 12th 2004, 7:15 am
  #7  
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Default Re: Married to an American, living in Canada

Originally posted by Folinskyinla
8 CFR 211.5. Look it up.
thanks Mr F
found a nice article (long though) on the subject.
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Old Feb 12th 2004, 7:16 am
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Default Re: Married to an American, living in Canada

Originally posted by soulsender
thanks Mr F
found a nice article (long though) on the subject.
oops how about a link so's I don't keep it to myself (arf arf):

http://www.centa.com/articles/alien_commuters.htm
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Old Feb 12th 2004, 7:36 am
  #9  
Mrtravelkay
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Default Re: Married to an American, living in Canada

Stanley Roberts wrote:

    > I have a general query: I'm married to an American and we're living in
    > Canada. I am a Canadian. We live in Windsor Ontario and my wife
    > commutes every day to work in Detroit; she is a permanent resident.

Is she a permanent US resident or a US citizen?
 
Old Feb 12th 2004, 8:27 am
  #10  
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Default Re: Married to an American, living in Canada

Originally posted by soulsender
oops how about a link so's I don't keep it to myself (arf arf):

http://www.centa.com/articles/alien_commuters.htm

Nice. Another reason why it is advantageous to be a Canadian.

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Old Feb 13th 2004, 8:07 am
  #11  
Stanley Roberts
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Default Re: Married to an American, living in Canada

mrtravelkay <[email protected]> wrote in message news:<[email protected]. com>...
    > Stanley Roberts wrote:
    >
    > > I have a general query: I'm married to an American and we're living in
    > > Canada. I am a Canadian. We live in Windsor Ontario and my wife
    > > commutes every day to work in Detroit; she is a permanent resident.
    >
    > Is she a permanent US resident or a US citizen?

She is a US citizen. (A permanent resident of Canada.)
 

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