Nomoreuniqueids

Hi, folks.

I'm a Canadian citizen living in Canada. My wife is a US citizen; she has been in
Canada for the last 4 years and will be applying for Canadian citizenship this month.
(We were married in the US, but came to Canada a few days with me a few days after
the wedding.)

I'm considering a job offer as a computer systems analyst from a US company (in
New Jersey)...I wouldn't start working for them until sometime early next year.
My intention would be to stay in the US for several years before moving back to
Canada... My wife left the workforce in September 2001 and has no plans to go
back to work.

My potential job may start as a partial telecommute position -- something like one
week in the US and one week at my home in Canada. But even in that case, I would
probably get sick of the traveling after a year or so and decide to move south.

So I'm considering either an H-1B visa or perhaps a green card. Is the green card
application process going to be relatively long and tedious because she is in Canada
and does not have the financial qualifications to sponsor me? We don't want to have
to spend any time (more than a week or so) apart, in separate countries. What would
be the best option?

Thanks in advance. nmuidl

Earthquake

assuming you have a degree in computer science, a TN-1 would be the simplest

it's cheap, and you apply at the border

gerry

"nomoreuniqueidsleft" <[email protected]> wrote in message
news:[email protected]...
    > Hi, folks.
    >
    > I'm a Canadian citizen living in Canada. My wife is a US citizen; she has been in
    > Canada for the last 4 years and will be applying for Canadian citizenship this
    > month. (We were married in the US, but came to Canada a few days with me a few days
    > after the wedding.)
    >
    > I'm considering a job offer as a computer systems analyst from a US company (in New
    > Jersey)...I wouldn't start working for them until sometime early next year. My
    > intention would be to stay in the US for several years before moving back to
    > Canada... My wife left the workforce in September 2001 and has no plans to go back
    > to work.
    >
    > My potential job may start as a partial telecommute position -- something like one
    > week in the US and one week at my home in Canada. But even in that case, I would
    > probably get sick of the traveling after a year or so and decide to move south.
    >
    > So I'm considering either an H-1B visa or perhaps a green card. Is the green card
    > application process going to be relatively long and tedious because she is in
    > Canada and does not have the financial qualifications to sponsor me? We don't want
    > to have to spend any time (more than a week or so) apart, in separate countries.
    > What would be the best option?
    >
    >
    > Thanks in advance. nmuidl

Nomoreuniqueids

Sorry, I guess I should have included that info also. I have 99% of my engineering
degree requirements, but I don't have the actual degree. I have 5 years of technical
work experience also...

"earthquake" <[email protected]> wrote in message
news:<[email protected]>...
    > assuming you have a degree in computer science, a TN-1 would be the simplest
    >
    > it's cheap, and you apply at the border
    >
    > gerry
    >
    > "nomoreuniqueidsleft" <[email protected]> wrote in message
    > news:[email protected]...
    > > Hi, folks.
    > >
    > > I'm a Canadian citizen living in Canada. My wife is a US citizen; she has been in
    > > Canada for the last 4 years and will be applying for Canadian citizenship this
    > > month. (We were married in the US, but came to Canada a few days with me a few
    > > days after the wedding.)
    > >
    > > I'm considering a job offer as a computer systems analyst from a US company (in
    > > New Jersey)...I wouldn't start working for them until sometime early next year.
    > > My intention would be to stay in the US for several years before moving back to
    > > Canada... My wife left the workforce in September 2001 and has no plans to go
    > > back to work.
    > >
    > > My potential job may start as a partial telecommute position -- something like
    > > one week in the US and one week at my home in Canada. But even in that case, I
    > > would probably get sick of the traveling after a year or so and decide to move
    > > south.
    > >
    > > So I'm considering either an H-1B visa or perhaps a green card. Is the green card
    > > application process going to be relatively long and tedious because she is in
    > > Canada and does not have the financial qualifications to sponsor me? We don't
    > > want to have to spend any time (more than a week or so) apart, in separate
    > > countries. What would be the best option?
    > >
    > >
    > > Thanks in advance. nmuidl

Earthquake

that makes it more difficult ... there are some classifications that are available
without the degree, but SA isn't one of em ... check out http://www.grasmick.com

it may well be that going through the sponsership route through your wife would be
better ... others know MUCH more about this than I do.

gl ... gerry

"nomoreuniqueidsleft" <[email protected]> wrote in message
news:[email protected]...
    > Sorry, I guess I should have included that info also. I have 99% of my engineering
    > degree requirements, but I don't have the actual degree. I have 5 years of
    > technical work experience also...
    >
    > "earthquake" <[email protected]> wrote in message
news:<[email protected]>...
    > > assuming you have a degree in computer science, a TN-1 would be the
simplest
    > >
    > > it's cheap, and you apply at the border
    > >
    > > gerry
    > >
    > > "nomoreuniqueidsleft" <[email protected]> wrote in message
    > > news:[email protected]...
    > > > Hi, folks.
    > > >
    > > > I'm a Canadian citizen living in Canada. My wife is a US citizen; she has been
    > > > in Canada for the last 4 years and will be applying for Canadian citizenship
    > > > this month. (We were married in the US, but came to Canada a few days with me a
    > > > few days after the wedding.)
    > > >
    > > > I'm considering a job offer as a computer systems analyst from a US company (in
    > > > New Jersey)...I wouldn't start working for them until sometime early next year.
    > > > My intention would be to stay in the US for several years before moving back to
    > > > Canada... My wife left the workforce in September 2001 and has no plans to go
    > > > back to work.
    > > >
    > > > My potential job may start as a partial telecommute position -- something like
    > > > one week in the US and one week at my home in Canada. But even in that case, I
    > > > would probably get sick of the traveling after a year or so and decide to move
    > > > south.
    > > >
    > > > So I'm considering either an H-1B visa or perhaps a green card. Is the green
    > > > card application process going to be relatively long and tedious because she is
    > > > in Canada and does not have the financial qualifications to sponsor me? We
    > > > don't want to have to spend any time (more than a week or so) apart, in
    > > > separate countries. What would be the best option?
    > > >
    > > >
    > > > Thanks in advance. nmuidl

Nomoreuniqueids

Thanks anyway... That's why I had focused on the H-1B and GC.

So, back to my question -- which should I pursue? Suggestions, anyone?

nmuidl

"earthquake" <[email protected]> wrote in message
news:<[email protected]>...
    > that makes it more difficult ... there are some classifications that are available
    > without the degree, but SA isn't one of em ... check out http://www.grasmick.com
    >
    > it may well be that going through the sponsership route through your wife would be
    > better ... others know MUCH more about this than I do.
    >
    > gl ... gerry

Nomoreuniqueids

Thanks anyway... That's why I had focused on the H-1B and GC.

So, back to my question -- which should I pursue? Suggestions, anyone?

nmuidl

"earthquake" <[email protected]> wrote in message
news:<[email protected]>...
    > that makes it more difficult ... there are some classifications that are available
    > without the degree, but SA isn't one of em ... check out http://www.grasmick.com
    >
    > it may well be that going through the sponsership route through your wife would be
    > better ... others know MUCH more about this than I do.
    >
    > gl ... gerry

Paul Helpdesk

Green Card gives you so much flexibility to travel and change jobs. Though H-1B and
TN may work, there are limitations.

You will find the following links more helpful:

http://www.isso.cornell.edu/immigration/marryusc.html
http://www.visapro.com/Green-Card-Fa...US-Citizen.asp

Paul @ HelpDesk

Wesley Newcombe

You are in a similar situation as myself.

1. We married in the US in 1999
2. She moved to Canada few days later (Received Visitor Visa)
3. She became a landed immigrant six months later
4. She is applying for her Canadian Citizenship next month
5. My wife just finished work last month ('retired' as she likes to say)

My wife sponsored me at the beginning of January 2002. Our I-130 petition was
approved at the end of May. As for the Affidavit of Support, I am able to file the
I-864A (household sponsor). Basically, my 'foreign earned' income is more that
sufficient to qualify for the 125% above poverty level. My wife and I for 3 years
have filed US taxes (married filing jointly). I just sent in my I-864A along with my
wifes I-864 into the National Visa Center in St. Louis and have not heard back yet as
to anything. From my research, we should be fine. We will see.

I imagine that it will take approximately 10 months from filing the I-864
petition to receiving the visa from the consulate (I am dealing with Montreal as
I live in Ontario).

If you have any questions, please feel free to ask!

Wes

Baked

Potential problems you may have:

- AFAIK (I'm not 100% sure of this) - the TN visa is not a dual-intent visa. Which
means if you want to officially "immigrate" (get a green card) to the US then you
may not be eligible for a TN. The upside is that the TN process doesn't really
expose your marital status so it is possible to try and avoid that subject (Lie to
the INS at your own risk - its not recommended) during your TN interview at the
Port of Entry.

- The "Management Consultant" TN visa is the only "technical" visa that permits you
to enter with only "relevant work experience" and no specific degree. The "Systems
Analyst" position does require a degree. You can download the INS Border Officer's
NAFTA Handbook in PDF format from the INS site (sorry I don't have the URL). It has
been my experience that they follow it pretty strictly. This site also has some
information but it is getting a little out of date:
http://www.grasmick.com/nafta.htm#Grasmick's

- The H1-B does require a degree, I'm pretty sure this means you need 100% of a
degree. The five years of experience may not be adequate. If you are in a hurry and
you think you qualify for an H1-B then you can apply for expedited processing for
an additional $1000.00 - I got mine in nine days! (I wish I could pay a $1000 and
get my green card expedited!).

- Your best "legitimate" bet is to get a K-3 Spousal Visa but it seems to take 3-6
months to get one (I'm still waiting for mine - over a month so far). Check out:
http://www.geocities.com/immigration...-130/index.htm

I'm not a definitive expert but I have had the following visas: L1-B, TN (three of
them + one extension), and a H1-B(just got it). I'm now going through all the
marriage based immigration hell but fortunately I am authorized to work in the US
until 2005 so I hope to get a green card by then.

Paul

"nomoreuniqueidsleft" <[email protected]> wrote in message
news:[email protected]...
    > Hi, folks.
    >
    > I'm a Canadian citizen living in Canada. My wife is a US citizen; she has been in
    > Canada for the last 4 years and will be applying for Canadian citizenship this
    > month. (We were married in the US, but came to Canada a few days with me a few days
    > after the wedding.)
    >
    > I'm considering a job offer as a computer systems analyst from a US company (in New
    > Jersey)...I wouldn't start working for them until sometime early next year. My
    > intention would be to stay in the US for several years before moving back to
    > Canada... My wife left the workforce in September 2001 and has no plans to go back
    > to work.
    >
    > My potential job may start as a partial telecommute position -- something like one
    > week in the US and one week at my home in Canada. But even in that case, I would
    > probably get sick of the traveling after a year or so and decide to move south.
    >
    > So I'm considering either an H-1B visa or perhaps a green card. Is the green card
    > application process going to be relatively long and tedious because she is in
    > Canada and does not have the financial qualifications to sponsor me? We don't want
    > to have to spend any time (more than a week or so) apart, in separate countries.
    > What would be the best option?
    >
    >
    > Thanks in advance. nmuidl