Canadian w/ disability engaged to USC: options?

frylock

New Member
(This post is cross-posted from another immigration forum. My apologies if it's redundant—I haven't been able to find anything that addresses my particular situation.)

I am a Canadian citizen currently engaged to a US citizen. We lived together in Florida between October 2013 and the following April, at which point my B-2 visa was set to expire, so I returned to Canada. (Prior to this extended visit, she had visited me in Canada.) We are looking for a way for me to stay with her in the US until we are able to get married, most likely in March of next year. However, there are a few different factors that make this whole process overwhelming for me—I'm hoping that someone here will be able to shed some light.

• In Canada, I am the recipient of disability benefits due to a congenital condition (Cerebral Palsy). My intent is to seek employment in the US A.S.A.P., but, if I were somehow able to qualify for SSDI in the meantime (i.e., relating to my fiancée's work-history), that would certainly take a lot of pressure off me, and make the transition that much easier. My understanding is that, as soon as I begin the immigration process, my Canadian disability payments would cease.

• I have been taking steps to make myself employable in the States since last year, but I've never held a steady job before, and my physical disability adds an extra layer of strain.

• As I said, we are looking to get married in the spring of next year. As such, it would seem that my obtaining a fiancé visa wouldn't give us enough time. At the same time, there are reasons that make it difficult for me to remain in Canada until a fiancé visa would be useful (e.g., mental health conditions/emotional support on both sides, without which support I have concerns about hardship). One possibility would be to enter the US on a B-class visa, and then apply for a change in status, but I've heard this would be tricky (since I will have met my fiancée prior to entering).

That's all that comes to mind, at the moment, but I will update this post if I think of anything else . . . I'm very grateful for any assistance that might be offered.
 
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I don't think you can immediately qualify for Social Security disability benefits based on your spouse's work history. My understanding is that only your own work history or the work history of your spouse while you were married counts toward eligibility for disability benefits. In addition, it generally takes at least a year to go through the process and begin to receive benefits.

Your best course of action probably is for BOTH of you to live in Canada.
 
In essence, that's the advice I got over at VisaJourneys. I suspect you're right, although I'm still going to check with a lawyer on whether or not I'd be able to prove hardship; I have something of a support network in Florida, and my SO assists me with a certain number of activities of daily living, etc. Plus, I can't deny that the weather seems to be much better for my mental health. I've got to try any avenue I can. Believe it or not, Canada isn't all that it's cracked up to be :p
 
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