Steve

We need some advice. Here is our situation.

I am a Canadian living and working in Canada. My girlfriend, who is
American, currently lives in the US in a house which I own just
across the border. I rent a place here in Canada and I see her
every weekend. The bottom line is we want to be together and
weekends are just not enough. We have looked into the immigration
process and have some questions.

1) If we get married and she petitions me, can I still work in
Canada at least for the next 5 years until I qualify for early
retirement?
2) Also during the whole process of immigration can I still continue
to see her on the weekends or will there be a period where I won't
be able to cross the border?
3) In regards to the support affidavit, does she have to prove she
can support me even though in the current situation I am a
significant supporter since she lives in the house I own in the
US.

I would really appreciate any comments or advice.

Thanks

LucyMO

1) yes
2) probably not, unless you get a spousal visa, K-3
3) yes, she has to. If she has no suffifient income, your income can be added to hers or you can find a different co-sponsor, like a friend or a relative. Read the instructions on I-864 very carefully.

ian-mstm

You can continue to work in Canada, yes - but where will you live? Even if you marry, you cannot live in the US without permission from immigration and that will certainly take a while. If you live in Canada, you may have a real problem at the border because any border crossing could be seen as having immigration intent since your wife is in the US. If you do eventually live in the US and still work in Canada, you will need to get advance parole so that you can continue to cross the border without affecting your status in the US.

This is pretty much the same dilemma I had many years ago when I lived in Windsor and had a girlfriend living outside Detroit. I found a new girlfriend... much easier - well, until I met my wife-to-be who also lived in the US. After that, things got considerably more difficult.

Ian

Steve

Thanks for your reply. We are still trying to decide which is scenario
is going to be less hassle and grief. Me immigrating to the US or her
immigrating to Canada. Any other comments would be appreciated.




LucyMO <member20158@british_expats.com> wrote in message news:<[email protected] om>...
    > > We need some advice. Here is our situation.
    > >
    > > I am a Canadian living and working in Canada. My girlfriend, who is
    > > American, currently lives in the US in a house which I own just
    > > across the border. I rent a place here in Canada and I see her
    > > every weekend. The bottom line is we want to be together and
    > > weekends are just not enough. We have looked into the immigration
    > > process and have some questions.
    > >
    > > 1) If we get married and she petitions me, can I still work in
    > > Canada at least for the next 5 years until I qualify for early
    > > retirement?
    > > 2) Also during the whole process of immigration can I still continue
    > > to see her on the weekends or will there be a period where I won't
    > > be able to cross the border?
    > > 3) In regards to the support affidavit, does she have to prove she
    > > can support me even though in the current situation I am a
    > > significant supporter since she lives in the house I own in the
    > > US.
    > >
    > > I would really appreciate any comments or advice.
    > >
    > > Thanks
    >
    > 1) yes
    > 2) probably not, unless you get a spousal visa, K-3
    > 3) yes, she has to. If she has no suffifient income, your income can be
    > added to hers or you can find a different co-sponsor, like a friend
    > or a relative. Read the instructions on I-864 very carefully.

Noorah101

Regarding #3, I thought the alien's income can only be included if he is a spouse and has been living with the petitioner for 6 months.

Rene

Rete

Don't know about that as to go through the immigration process means you have to have advance parole to re-enter the US while you are waiting for the adjustment process to be completed. It will take from 10 days to 6 months to get advance parole once you file. Will the agents at the POE look kindly on you using the AP daily, can't say.

Unfortunately you don't ask questions with definitive answers. It could be fine but then again all they need to know is that you have a fiancee in the US, own property in the US that she is currently living in and they could rightfully see that you have immigration intent and stop you from entering.

Then again, they could be kind hearted and let you through every weekend.
The Can/Am border is not as open as it can be for those who want to immigrate as it is for those that just want to visit. I would think you have been very fortunate so far.

Yes she has to complete an affidavit of support. Some Consulates will allow you to show that you are capable by virtue of assets to support yourself at 125% of the poverty guidelines times 5. Don't recall if Montreal or Vancouver has allowed this in the past as the US Consulate in London has. Either way she still has to complete one regardless of her ability to sponsor.


I would really appreciate any comments or advice.

Thanks[/QUOTE]

Why don't you petition for her to come to Canada. I know you don't have a fiancee visa any longer but you can petition for her as your wife if you marry and then when you retire you can migrate to the US.

Rete

Rete

You're correct, Rene. He must be a residing member of the household for six months before his income is eligible for inclusion.

Rete