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Old 07-02-2015, 04:34 PM
 
2 posts, read 6,301 times
Reputation: 11

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Hi,
I'm a Canadian citizen, and my partner is a US green card holder. He is eligible to apply for citizenship, but it is quite pricey and truth be told, he doesn't really need it.
I understand that my moving to the US to be with him means I need to apply for some sort of status either way - with him as a green card holder, it is up to a 4 year wait, while if he's a citizen, it's much quicker. Two questions:
1. Can we get married in Canada, then me move to the States thennn begin the process?
2. Can I travel between Canada and the US during processing?

Any help would be greatly appreciated!!
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Old 07-03-2015, 08:11 AM
 
24,597 posts, read 10,909,474 times
Reputation: 46968
He can continue renewing his Green Card and be limited in his ability to spend longer periods of time abroad.

This is an official site which will talk you through from soup to nuts; forms to fees.
Immigrate

Entering the U.S. while your petition is pending can put you between two chairs - entering as Canadian border crossing without immigration intent and pending Green Card application.
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Old 07-03-2015, 08:16 AM
 
2 posts, read 6,301 times
Reputation: 11
Ooh thanks! I'll browse through that site. I came across this: [url=http://www.immihelp.com/immigration/tips-marriage-with-us-person.html]Tips for marriage with U.S. person - Green card marriage tips[/url]

Stating I will have to wait several years before being able to go to the US with immigrant status.
-- But as a Canadian, I can enter for up to 6 months at a time as a visitor, no? Does that change if I'm married to a US green card holder?
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Old 07-23-2015, 02:11 PM
 
780 posts, read 679,067 times
Reputation: 886
I'm Canadian and about to apply to be a US immigrant.
I'm married a US citizen though, so our situation is a bit different (we got married in the US).

We have a lawyer who'll do our paperwork and he said that in the process of applying to be an immigrant, you can't enter US to visit, because they will think you are trying to stay there.

There is a long process where you'd have to prove that you do not intend to stay, such as letter of employment, bank statements, a whole whack of paper work to show you are not leaving the country for good. I was told that it's not impossible, but it will be really, really hard.

I have a friend of a friend who married an American and she was staying with him in US already. She came back home and when she tried to re-enter, they wouldn't let her. She had to stay in Canada for 6 more months. I don't know any further details about that but it's something I keep in mind.
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Old 07-23-2015, 04:45 PM
 
Location: Toronto, Ontario, Canada.
2,869 posts, read 4,454,397 times
Reputation: 8288
That "six months in the USA " is NOT carved in stone.

It is at the discretion of the ICE agent that you are interviewed by at the port of entry. You may be given a much shorter period of time, OR you may be denied entry. Canadians do NOT have a "right to enter the USA ".

So, IF you are allowed to enter the USA, as a Canadian citizen.... know this.......The actual rule is simple. In any twelve month period of time ( not a calendar year ) you can only be IN the USA for a total of 183 days.........THEN you MUST stay OUT of the USA for at least another 183 days.

Exactly the SAME rules apply to US citizens and residents who want to come to Canada. 183 days in country, in total, and then at least 183 days OUT of Canada.

That has been the law in both countries for at least 40 years. It's unofficially called the " Snowbird Agreement ".

Jim B.
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Old 07-23-2015, 06:27 PM
 
11,768 posts, read 10,267,905 times
Reputation: 3444
Quote:
Originally Posted by aliwalas View Post
I'm Canadian and about to apply to be a US immigrant.
I'm married a US citizen though, so our situation is a bit different (we got married in the US).

We have a lawyer who'll do our paperwork and he said that in the process of applying to be an immigrant, you can't enter US to visit, because they will think you are trying to stay there.

There is a long process where you'd have to prove that you do not intend to stay, such as letter of employment, bank statements, a whole whack of paper work to show you are not leaving the country for good. I was told that it's not impossible, but it will be really, really hard.

I have a friend of a friend who married an American and she was staying with him in US already. She came back home and when she tried to re-enter, they wouldn't let her. She had to stay in Canada for 6 more months. I don't know any further details about that but it's something I keep in mind.
What? Why would they think a Canadian is trying to stay here? I can't think of any possible benefit to staying in the USA that a Canadian citizen would not already have access to.

Silly bureaucrats. Smh.
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Old 08-06-2015, 12:14 PM
 
Location: Hougary, Texberta
9,019 posts, read 14,297,131 times
Reputation: 11032
Quote:
Originally Posted by lycos679 View Post
What? Why would they think a Canadian is trying to stay here? I can't think of any possible benefit to staying in the USA that a Canadian citizen would not already have access to.

Silly bureaucrats. Smh.
Clearly you've never lived in Canada.
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