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Results 1 to 8 of 8

Thread: US/CAN Immigration advice needed

  1. #1
    I will keep this very to the point without any long details. So excuse me if possibly things get a bit confusing.
    I am an American who has been with a Canadian for 7 years. We have thought of getting marriage, but after reading about the US not happy with people who marry outside of US without going through the proper channels, we have backed off to evaluate things a bit more and decide the best route.
    He wants to keep his medical therefore having to keep Canada as a permanent residence. I myself have been living in Canada since he and I met. Canada recognizes us as a Common Law couple and I pretty much have the same rights as if we were married...here in Canada as to what I am told. Not sure if that is true being I am not here legally yet.
    He has a business here in Canada and also carries a US patent on a product which he designed. He wants to take care of all immigration processes at one time. He is hoping to be able to keep his Canadian Residence/health care, being able to travel back and foreth from Canada and US for business as well as vacationing and purchasing a home in the US. As for me, I sold my business and home to come here and be with him. My grandmother was born and raised here and therefore I have family here as well as in the US.
    We are just a bit confused as to how to go about all of this and making sure we do it correctly.
    Would greatly appreciate any advice anyone can give.

    LJC

  2. #2
    I will keep this very to the point without any long details. So excuse me if possibly things get a bit confusing.
    I am an American who has been with a Canadian for 7 years. We have thought of getting marriage, but after reading about the US not happy with people who marry outside of US without going through the proper channels, we have backed off to evaluate things a bit more and decide the best route.
    He wants to keep his medical therefore having to keep Canada as a permanent residence. I myself have been living in Canada since he and I met. Canada recognizes us as a Common Law couple and I pretty much have the same rights as if we were married...here in Canada as to what I am told. Not sure if that is true being I am not here legally yet.
    He has a business here in Canada and also carries a US patent on a product which he designed. He wants to take care of all immigration processes at one time. He is hoping to be able to keep his Canadian Residence/health care, being able to travel back and foreth from Canada and US for business as well as vacationing and purchasing a home in the US. As for me, I sold my business and home to come here and be with him. My grandmother was born and raised here and therefore I have family here as well as in the US.
    We are just a bit confused as to how to go about all of this and making sure we do it correctly.
    Would greatly appreciate any advice anyone can give.

    LJC

  3. #3
    1. He will have to keep his Canadian residence and continue to pay Canadian taxes in order to keep his health insurance. He must live in Canada or his permanent residence must be there. If he becomes a permanent resident of the US, he will loose the healthcare.

    2. You can get married in Canada - if you are a US citizen you will maintain your citzenship unless you become Canadian. (You will not be hired for some jobs if you are not Canadian.) US happiness is irrelevant.

    3. Common Law is considerd married in Canada - he should have been filing taxes for you for the past 7 years.He can apply for immigration benefits for his common law spouse just as he can file for his married spouse. You will have to check the Canadian immigration website for information on your legality.

    4. If he wants to conduct business in the US, he will have to apply for the correct Visa.

    5. He can buy a vacation home and vacation in the US. Anyone can buy property in the US if they have money. No immigration documentation is needed unless he wants a mortgage. Currently he can vacation for 180 days before he must go back to Canada.

    So, you will both have to decide on where you want to live and go from there. There are always sacrifices to be made. If he wants to be in the US - he will just have to give up health care. It does not mean he cannot go home at a later date.!!! (And FYI - I really really miss decent health care - it is really expensive here - even if your employer is offering a cadillac plan)

  4. #4
    dragonlady,

    Thank you for taking the time in replying to my post.
    You have pretty much confirmed as to what I read and came up with myself. Just that I am no expert and thought it better left to those who have at least a bit more knowledge than I have.
    Could you possibly tell me what a Nonimmigrant V Visa is? Would that be a visitor's visa? Also would you know...if I decided to become a Canadian resident..not a Citzen, and my husband decided that he wanted to do some traveling around the US for a few months...would he need to file for a Visitors visa or could he just travel with his passport?
    I do appreciate your time....once again, Thank you.

    LJC

  5. #5
    Well after spending countless hours reading on Immigration to US or Non Immgrant Visa's I think I have a good idea of the proper processes...but have just a couple questions.

    Now like you said dragonlady, we just need to decide exactly as to what we want to do.

    He would not be eligible for a Green Card unless he was making the US his permanent residence. If he does not want to list the US as his permanent residence then he would need to file for the appropriate Nonimmigrant Visa either B-1 or B-2 depending on the reason for the visit. Now if he wanted to be able to do it all, would the B-1 be sufficient enough or would he need to file both? I take it these Nonimmigrant Visa's allow a 180 day stay or am I wrong? If he wants to extend the 180 days, then he would need to file and extention.

    Thank you for your time...look forward in hearing back from anyone.

    LJC

  6. #6
    Canadians do not need visas to visit the US. He would only need a visa for business. So if he came to the US and stayed for 180 days on a "visit" (as do snow birds) he would not need a visa but if he came to sell items and conduct business, he would need that business visa. He can own a home and be there for a total of 180 days per year. This is mostly for Canadian purposes - not to lose Medicare.

    I do suggest you contact Revenue Canada and the IRS to check on tax treaties between Canada and the States.

  7. #7
    dragonlady,

    Thank you for replying once again. Now I have everything set and how know what it is we need to do for the decision we make.

    As for Health care..I know all too well as to what you a referring to. Can't wait to hear of what Gov. Schwarzenegger has in mind for California.

    LJC

  8. #8
    Don't hold your breath - Medicine here is for BIG PROFIT. As long as there are HMO's. there will be no decent medical services for people. Just don't get sick - and know that if you do - you will die and leave a horrendous bill for you heirs.

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