Gregnsandy

Hey there

I was wondering if anyone knows anything about the Indian Status borderless treaty in
Canada. I am marrying a US citizen, and for a while i was going through all the K-1
junk... until I found out that I am borderless because I have Indian Status here in
Canada. This means I have to get a letter from Indian Affairs Canada, saying I am
eligible, and I show it at the border when I cross and they stamp my passport and I
am then free to work in either Canada or the US freely as I please. (after applying
for social security number of course.) I'm just wondering, if I marry my fiance, am I
going to have to go through any other processes anyways, even though I am borderless?
Would it matter what country we marry in? I don't really expect any of you to know
this, because it's not really visa-related or have much of anything to do with the
INS... but information on this topic is SO hard to find, nearly impossible... just
thought i would give it a shot and see if any of you have any experience/know someone
who did this.

Regardless, I am soooo happy to have a ticket out of the INS junk! Even if I still
have to go through some paperwork and stuff after we're married, there is nothing now
that says I have to stay in Canada and I can't work in the US!

Any information or advice, experience, ANYTHING would be helpful. Thanks.

Rete

I am married to a Canadian whose two sisters are married to Native Americans of the Mohawk tribe and who live in Kahnawake, Quebec (outside of Montreal). My husband, himself, was married to a Dakota (first wife) and his three children have/had Indian status as well. One child drowned at age 6. You are correct. As long as you have Indian status from your council, you are free to enter the US to live and work without INS interference. My nephew-in-law just moved to Florida to Crystal River to live with his aunt and he only had to show them the council card and complete paperwork at the POE and be on his way.

I don't see that it would be any different for you if you have the council paperwork in order.

Rete

Mrtravel

GregnSandy wrote:
    >
    > Hey there
    >
    > I was wondering if anyone knows anything about the Indian Status borderless treaty
    > in Canada. I am marrying a US citizen, and for a while i was going through all the
    > K-1 junk... until I found out that I am borderless because I have Indian Status
    > here in Canada. This means I have to get a letter from Indian Affairs Canada,
    > saying I am eligible, and I show it at the border when I cross and they stamp my
    > passport and I am then free to work in either Canada or the US freely as I please.
    > (after applying for social security number of course.)

What would they stamp in your passport that would show this status and meets the US
employment requirements of I-9 or SS.

    > I'm just wondering, if I marry my fiance, am I going to have to go through any
    > other processes anyways, even though I am borderless? Would it matter what country
    > we marry in?

If you are free to work and travel in Canada and the US, why would it matter if you
got married?

Rete

While out for dinner this evening I spoke with Jim about your post. He confirmed what I wrote but there is a however.

He said to tell you that you might well still have problems with the INS simply because the percentage for status in the Indian Council differs in percentages to what is acceptable to the INS. Here in the US the percentage must be above 50% native in order to qualify. In Canada that is not so. So if INS wanted to adhere to their rules than unless you can fully document over 50% native blood, it won't fly. Under normal situations for traveling and working they don't give Natives a hassle. But you are taking marriage which they might view differently. Just passing on a little more information that I received.

Best advice, talk to your Indian Council, the INS themselves at a POE and with a good immigration attorney.


Rete

Gregnsandy

    > What would they stamp in your passport that would show this status and meets the US
    > employment requirements of I-9 or SS.
    >
I don't know exactly what they stamp in my passport, all I know is that my entire
family on my father's side recently moved to Arizona using this method and they are
all working and living in Arizona as we speak. However, none of them got married to
an american during that process so I don't know how that stands.

    > If you are free to work and travel in Canada and the US, why would it matter if you
    > got married?

Thats what I was asking. I don't know if it DOES matter, but I didn't want to be
ignorant about it and just get married then find out a whole bunch of crap AFTER the
fact. I was just wondering if anyone had any experience in doing this so they could
give me a little more information!

Gregnsandy

Hi there Rete,

Thanks for your response. I do have 50% blood in me, I have worked all that out with
my band office. They are sending me a "letter of leniage" proving that I have enough
in me to meet the requirements. So I really have no doubt that that part will work
smoothly, I just don't know where marriage to an american stands in this situation!
This has been like a God-send to me, a huge relief knowing I will not have to go
through all the immigration crap, but maybe I am just being over-protective, it all
just seems to simple to me, maybe I just need to realize that it really IS!
(hopefully!) regardless of whether I'll have to go through some sort of immigration
crap after we're married, mostly I am just happy in knowing that my Fiance and I will
not have to be separated throughout the process!

Mrtravel

If you can live in the US without a US citizen spouse, then why do you think there
would be a problem getting married to a US citizen. They aren't going to kick you out
for getting married.

GregnSandy wrote:
    >
    > Hi there Rete,
    >
    > Thanks for your response. I do have 50% blood in me, I have worked all that out
    > with my band office. They are sending me a "letter of leniage" proving that I have
    > enough in me to meet the requirements. So I really have no doubt that that part
    > will work smoothly, I just don't know where marriage to an american stands in this
    > situation! This has been like a God-send to me, a huge relief knowing I will not
    > have to go through all the immigration crap, but maybe I am just being
    > over-protective, it all just seems to simple to me, maybe I just need to realize
    > that it really IS! (hopefully!) regardless of whether I'll have to go through some
    > sort of immigration crap after we're married, mostly I am just happy in knowing
    > that my Fiance and I will not have to be separated throughout the process!