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Canadian married to a US Citizen living in Canada

Canadian married to a US Citizen living in Canada

Old Oct 22nd 2005, 5:13 am
  #1  
Jozef
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Default Canadian married to a US Citizen living in Canada

Hello,

I've been looking for info on this, but can't seem to find a concise answer;

I am a Canadian Citizen. My wife is a U.S. Citizen with landed immigrant
status here in Canada (and has lived here since 1965), we've been married
for 14 years. We are looking at relocating to the US, but I can't seem to
find any detailed info on what the process intails. What I'm looking for
are answers to the following questions;

- Is it easy for us to relocate, and roughly how long does it take to
complete everything?

-Is there a long waiting period before I would be able to work?

-Is it better to get the paperwork done here then relocate or relocate, then
get the paperwork done?

-Is there a "term" for a guy like me when it comes to looking at prospect
employers? By that, I mean is there a simple visa that would allow me to
work right away or make it easier for a company to give me the nod because I
don't require "XYZ" visa I only require an "X" visa....(hope that's not TOO
confusing)

Any help would be great.

Thanks!
 
Old Oct 22nd 2005, 6:50 am
  #2  
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Default Re: Canadian married to a US Citizen living in Canada

Originally Posted by Jozef
Hello,

I've been looking for info on this, but can't seem to find a concise answer;

I am a Canadian Citizen. My wife is a U.S. Citizen with landed immigrant
status here in Canada (and has lived here since 1965), we've been married
for 14 years. We are looking at relocating to the US, but I can't seem to
find any detailed info on what the process intails. What I'm looking for
are answers to the following questions;

- Is it easy for us to relocate, and roughly how long does it take to
complete everything?

-Is there a long waiting period before I would be able to work?

-Is it better to get the paperwork done here then relocate or relocate, then
get the paperwork done?

-Is there a "term" for a guy like me when it comes to looking at prospect
employers? By that, I mean is there a simple visa that would allow me to
work right away or make it easier for a company to give me the nod because I
don't require "XYZ" visa I only require an "X" visa....(hope that's not TOO
confusing)

Any help would be great.

Thanks!


1. Your wife needs to sponsor you for an immigrant visa which leads to a green card.
Visit the website of your nearest US consulate, starting at http://www.state.gov

2. Has she thought of applying for (and obtaining) Canadian citizenship before she leaves Canada?

3. If she chooses not to take Canadian citizenship, she will at least be able to keep her permanent residence indefinitely as long as she is accompanying you as a Canadian citizen.
http://www.cic.gc.ca/english/newcomer/res-oblig.html

4. It's usually better to have the paperwork done before you relocate.


Jeremy
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Old Oct 25th 2005, 1:26 pm
  #3  
Jozef
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Default Re: Canadian married to a US Citizen living in Canada

Thanks Jeremy, but any idea how long it would take? Also, just wondering
why my wife would want to get Canadian Citizenship, is there some special
reason to do that (She would NEVER give up her US citizenship and I don't
blame her).

Also, is there any benefit to my situation from a potential employer's point
of view? I mean I know it's a little easier to get a resident visa and
things like that, but just wondering if it's all the same to an employer?

Thanks!


"JAJ" <member23519@british_expats.com> wrote in message
news:[email protected] m...
    >> Hello,
    >> I've been looking for info on this, but can't seem to find a
    >> concise answer;
    >> I am a Canadian Citizen. My wife is a U.S. Citizen with landed
    >> immigrant
    >> status here in Canada (and has lived here since 1965), we've been
    >> married
    >> for 14 years. We are looking at relocating to the US, but I can't
    >> seem to
    >> find any detailed info on what the process intails. What I'm looking
    >> for
    >> are answers to the following questions;
    >> - Is it easy for us to relocate, and roughly how long does it take to
    >> complete everything?
    >> -Is there a long waiting period before I would be able to work?
    >> -Is it better to get the paperwork done here then relocate or
    >> relocate, then
    >> get the paperwork done?
    >> -Is there a "term" for a guy like me when it comes to looking at
    >> prospect
    >> employers? By that, I mean is there a simple visa that would allow me
    >> to
    >> work right away or make it easier for a company to give me the nod
    >> because I
    >> don't require "XYZ" visa I only require an "X" visa....(hope that's
    >> not TOO
    >> confusing)
    >> Any help would be great.
    >> Thanks!
    > 1. Your wife needs to sponsor you for an immigrant visa which leads to
    > a green card.
    > Visit the website of your nearest US consulate, starting at
    > http://www.state.gov
    > 2. Has she thought of applying for (and obtaining) Canadian citizenship
    > before she leaves Canada?
    > 2. If she chooses not to take Canadian citizenship, she will at least
    > be able to keep her permanent residence indefinitely as long as she
    > is accompanying you as a Canadian citizen.
    > http://www.cic.gc.ca/english/newcomer/res-oblig.html
    > 3. It's usually better to have the paperwork done before you relocate.
    > Jeremy
    > --
    > This is not intended to be legal or professional advice in any
    > jurisdiction
    > Posted via http://britishexpats.com
 
Old Oct 26th 2005, 7:36 am
  #4  
 
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Default Re: Canadian married to a US Citizen living in Canada

Originally Posted by Jozef
Thanks Jeremy, but any idea how long it would take? Also, just wondering
why my wife would want to get Canadian Citizenship, is there some special
reason to do that (She would NEVER give up her US citizenship and I don't
blame her).

Also, is there any benefit to my situation from a potential employer's point
of view? I mean I know it's a little easier to get a resident visa and
things like that, but just wondering if it's all the same to an employer?

Thanks!
If you apply for an Immigrant Visa based on your marriage, a conservative timeline would be 9-12 months before you can move. When you do move with that visa, you are work authorized immediately.

If your wife applies for Canadian citizenship, she does not give up her US citizenship, she becomes a dual citizen. There are some rules she has to keep in mind, but the main benefit is her new ability to live in either country. If she leaves Canada and wants to return (to live) in the future, she would have to re-immigrate from the beginning.

An employer may find it easier to 'deal' with you as a Permanent Resident, but I'm not sure exactly what you mean by your question.

There are other roads in to the US for you besides via your marriage. They would be work options that get you 'in' more quickly and do not take away from your route to PR through your wife.
You can start job shopping now, but when in the US as a visitor, you are not allowed to accept employment.

Your wife will also have to take steps to show that she is moving back to the US before she is qualified to complete the paperwork on your behalf.

I suppose the short answer is: yes, it's all do-able, but you need to have a bit more direction before getting specific instructions
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Old Oct 26th 2005, 7:45 am
  #5  
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Default Re: Canadian married to a US Citizen living in Canada

Originally Posted by meauxna
If you apply for an Immigrant Visa based on your marriage, a conservative timeline would be 9-12 months before you can move. When you do move with that visa, you are work authorized immediately.
As soon as you have your social security card. Your SIN card is not good in the US ;-)

f your wife applies for Canadian citizenship, she does not give up her US citizenship, she becomes a dual citizen. There are some rules she has to keep in mind, but the main benefit is her new ability to live in either country. If she leaves Canada and wants to return (to live) in the future, she would have to re-immigrate from the beginning.

An employer may find it easier to 'deal' with you as a Permanent Resident, but I'm not sure exactly what you mean by your question.

There are other roads in to the US for you besides via your marriage. They would be work options that get you 'in' more quickly and do not take away from your route to PR through your wife.
You can start job shopping now, but when in the US as a visitor, you are not allowed to accept employment.
He would not be eligible for a TN visa which I understand is not available to Canadians married to USC who are looking to emigrate. He might be eligible for an H-1B.

Your wife will also have to take steps to show that she is moving back to the US before she is qualified to complete the paperwork on your behalf.

I suppose the short answer is: yes, it's all do-able, but you need to have a bit more direction before getting specific instructions
Unlike Canada, you are not allowed to come to live in the US without CIS permission nor are you allowed to work. Nor does the US Consulate in Canada do what the layperson calls direct consular filing. There are really only two options for your wife to bring you here and they are the filing of the I-130 at the Nebraska Service Center for your Immediate Relative Visa. After she gets the receipt for that she can file the I-129F for the K-3. The K-3 is a now considered a long and tedious route and more often than not the I-130 is approved before the I-129F for the K-3.

The I-130 involves initial petition processing in the US and then the exchange of documents between your wife and the national visa center in New Hampshire. Then you will get an interview date for the US Consulate in Montreal. If you pass that interview you will be given an I-130 visa in your passport and then came immigrate to the US with the right to work asa you get your social security card in the mail. You can apply for it as soon as you or enter and normally takes about ten days to receive if your name and status is in the database.

Timeframe is from 6 to 18 months. I'm sorry but this is nothing faster.
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Old Oct 26th 2005, 7:58 am
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Default Re: Canadian married to a US Citizen living in Canada

Originally Posted by Rete
As soon as you have your social security card. Your SIN card is not good in the US ;-)
Ahem, hair splitting time

At entry with an Immigrant Visa, he *is* employment authorized, as far as USCIS is concerned. I did not say 'hireable', although he technically would be. The IV application includes an application for a Social Security account (Ennumeration At Entry program), which is forwarded from the POE.
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Old Oct 26th 2005, 8:08 am
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Default Re: Canadian married to a US Citizen living in Canada

Originally Posted by meauxna
Ahem, hair splitting time

At entry with an Immigrant Visa, he *is* employment authorized, as far as USCIS is concerned. I did not say 'hireable', although he technically would be. The IV application includes an application for a Social Security account (Ennumeration At Entry program), which is forwarded from the POE.
I should've added to this post: mdoung has posted the information on employer's responsibilities, SS# and I-9. I'll copy a portion here
-----
http://www.irs.gov/businesses/small...=129227,00.html
Delays in Issuing SSNs to Aliens by the Social Security Administration

There is no federal law administered by any federal agency which prohibits the hiring of a person based solely on the fact that the person does not have a Social Security Number (SSN). Similarly, there is no federal law which prohibits the making of a payment to a person based solely on the fact that the person does not have an SSN.

http://www.ssa.gov/employer/hiring.htm
Employer Responsibilities When Hiring Foreign Workers

2. What are an employer’s responsibilities when hiring foreign workers who don’t have Social Security numbers

Advise workers that they are required to apply for a Social Security number and card. If a worker applied for but has not yet received a Social Security number, you should get the following information as complete as possible: The worker’s full name, address, date of birth, place of birth, father's full name, mother's full maiden name, gender and the date he or she applied for a Social Security number.
--------------


The EEA program qualifies as 'having applied for an SSA account'.
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Old Oct 26th 2005, 11:20 pm
  #8  
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Default Re: Canadian married to a US Citizen living in Canada

    > Thanks Jeremy, but any idea how long it would take? Also, just wondering
    > why my wife would want to get Canadian Citizenship, is there some special
    > reason to do that (She would NEVER give up her US citizenship and I don't
    > blame her).

Well, if she doesn't become a Canadian then she will eventually lose
her permanent resident status in Canada after moving to the US. This
means that if she ever wants to return to Canada to live, she'll have
to qualify, apply for, and be granted a new immigrant visa by the
Canadian government. That takes time, and money. As far as qualifying
for a new immigrant visa; while she's married to you she would probably
qualify as the spouse of a Canadian. But if anything ever happens to
you, that's a different story. She might find herself not able to
qualify for a new visa and not able to return to Canada.

By becoming a Canadian citizen she'll be able to stay outside Canada
for as long as she wants and return whenever she wants. Plus, she
won't give up her US citizenship if she becomes a Canadian citizen.
Check out the following website for more information on the current US
position related to dual nationality

http://www.richw.org/dualcit/

That site is authored by a US citizen who moved to Canada and became a
Canadian citizen. He is still also a US citizen, and now does live in
the US

Stephen Gallagher

P.S. I'm also a dual US/Canadian citizen. I currently live in Canada,
but I moved here from the US in 1996. In 2000 I naturalized as a
Canadian citizen and as a result I now have dual citizenship. If I
ever do return to the US (not an impossibility - who knows what the
future holds), I will still keep the right to return to Canada at a
later date. Plus, as a Canadian citizen I can vote in the elections
here in Canada.
 
Old Oct 26th 2005, 11:35 pm
  #9  
sgallagher
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Default Re: Canadian married to a US Citizen living in Canada

JAJ wrote:
    > > Hello,
    > >
    > > I've been looking for info on this, but can't seem to find a
    > > concise answer;
    > >
    > > I am a Canadian Citizen. My wife is a U.S. Citizen with landed
    > > immigrant
    > > status here in Canada (and has lived here since 1965), we've been
    > > married
    > > for 14 years. We are looking at relocating to the US, but I can't
    > > seem to
    > > find any detailed info on what the process intails. What I'm looking
    > > for
    > > are answers to the following questions;
    > >
    > > - Is it easy for us to relocate, and roughly how long does it take to
    > > complete everything?
    > >
    > > -Is there a long waiting period before I would be able to work?
    > >
    > > -Is it better to get the paperwork done here then relocate or
    > > relocate, then
    > > get the paperwork done?
    > >
    > > -Is there a "term" for a guy like me when it comes to looking at
    > > prospect
    > > employers? By that, I mean is there a simple visa that would allow me
    > > to
    > > work right away or make it easier for a company to give me the nod
    > > because I
    > > don't require "XYZ" visa I only require an "X" visa....(hope that's
    > > not TOO
    > > confusing)
    > >
    > > Any help would be great.
    > >
    > > Thanks!
    > 1. Your wife needs to sponsor you for an immigrant visa which leads to
    > a green card.
    > Visit the website of your nearest US consulate, starting at
    > http://www.state.gov
    > 2. Has she thought of applying for (and obtaining) Canadian citizenship
    > before she leaves Canada?
    > 2. If she chooses not to take Canadian citizenship, she will at least
    > be able to keep her permanent residence indefinitely as long as she
    > is accompanying you as a Canadian citizen.
    > http://www.cic.gc.ca/english/newcomer/res-oblig.html

There has been some controversy on how to apply the provision of
allowing a permanent resident to keep permanent residency when
accompanying a Canadian spouse abroad, IF the time abroad is of a
permanent rather than temporary nature. In other words, accompanying a
Canadian spouse abroad because he or she is on a temporary absence
(even an extended one) to another country will be counted as
maintaining Canadian residency. But when the spouse immigrates to
another country its more of a permanent situation, and not as clear cut
that a non-Canadian spouse continues to meet residency requirements,
especially if all other ties to Canada are cut (which usually must be
done to eliminate any tax obligation to Canada).
 
Old Oct 27th 2005, 11:04 am
  #10  
JAJ
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Default Re: Canadian married to a US Citizen living in Canada

Originally Posted by sgallagher

There has been some controversy on how to apply the provision of
allowing a permanent resident to keep permanent residency when
accompanying a Canadian spouse abroad, IF the time abroad is of a
permanent rather than temporary nature. In other words, accompanying a
Canadian spouse abroad because he or she is on a temporary absence
(even an extended one) to another country will be counted as
maintaining Canadian residency. But when the spouse immigrates to
another country its more of a permanent situation, and not as clear cut
that a non-Canadian spouse continues to meet residency requirements,
especially if all other ties to Canada are cut (which usually must be
done to eliminate any tax obligation to Canada).

Have you got any specific references to this 'controversy' - the information on the CIC website seems pretty clear-cut at first glance where the person is accompanying a Canadian *citizen* spouse:
http://www.cic.gc.ca/english/newcomer/res-oblig.html



Jeremy
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Old Oct 27th 2005, 2:34 pm
  #11  
sgallagher
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Default Re: Canadian married to a US Citizen living in Canada

    > Have you got any specific references to this 'controversy' - the
    > information on the CIC website seems pretty clear-cut at first glance
    > where the person is accompanying a Canadian *citizen* spouse:
    > http://www.cic.gc.ca/english/newcomer/res-oblig.html

    > Jeremy

It was referenced in at least one newspaper. I'll see if I can find
more details. The article discussed the fact that the spirit behind
the law was not to indefinitely provide permanent resident status for
people who had no plans to live in Canada, simply on the basis that
they were married to Canadians.

It stressed that the law was primarily created on the idea that if
Canadian law had not allowed residency requirements to be met by
accompanying a Canadian spouse abroad, then at the time the couple
left Canada they held a reasonable expectation that this permanent
resident would someday be applying for a new immigrant visa on the
basis of marriage to this same Canadian spouse in order to reestablish
residence. In other words, they knew that the permanent resident would
be coming back to Canada because the Canadian spouse believed that he
or she would someday be returning to Canada. A permanent move to
another coutnry by the Canadian spouse minimized the expectation that
when the couple left Canada they held genuine plans to someday return.
 

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