complicated Issue, Sr members (realcanadian, tripplecitizen and all )Please help

S

samof69

Registered Users (C)
I am a US GC holder (not a Canadian citizen) and my girlfriend is a Canadian citizen. For now, I work and live in the US and she lives in Canada. We just had a baby together and will love to spend some time together.


She is on one year maternity leave and lives with here parent now (and she has a guaranteed job which she can return to, I think people here are familiar with Canadian laws regarding maternity leave). The plan is that they will come here (most likely driving her own car, if that makes it a little better,) stay with me for a while before going back to Canada for a week or two and repeat this for about a year. In the mean time she will apply for a H1 (or J1?) to start working here from next September (may not be possible until next October from what I read) and after I get my US citizenship (4 years from now) we will go back to Canada permanently.

Questions.

Will there be a problem at the border while she tries to come to the states with our baby having my 'no objection' letter which will clearly show that I (a US GC holder) is the father of the child, even though she doesn't mention her 'relationship' with me and just says that she is bringing the baby for visitation.

For how long she can stay here at a stretch?

If she crosses the border by road (in that case there is no stamps on the passport, at least while going back to Canada) will the US ever know how long she had been here for? If yes, how? What are the chances of an officer at POE denying a Canadian citizen entry based on how many times they have enterd the states?

What will be the good proofs for her to show her Canadian ties? (Bank, license, car, guaranteed job after her maternity is over?


What will be a most realistic visa for her to apply as a teacher? H1 – she will need to get an offer and apply by next April, right? J1 – Is this even possible for Canadian teachers to get?will she have to go back to Canada for 2 years after this is over? Are Canadian teachers eligible for J1? It can only be valid for 3 years max. How easy or difficult it will be for her to convert her J1 to H1 as a teacher? Is it impossible? Does she have any other options?

We are not married, does she need to mention me in her visa applications?


I have some more questions regarding my situation as well and will post it in a different post.

Thanks
 
samof69 said:
In the mean time she will apply for a H1 (or J1?) to start working here from next September (may not be possible until next October from what I read)
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H1s will not be available until April 1st 2009, and then only to start on October 1st 2009. She cannot apply for an H1 - she must find an employer willing to do so; and she must have a degree and her job must require a degree.

Will there be a problem at the border while she tries to come to the states with our baby having my 'no objection' letter which will clearly show that I (a US GC holder) is the father of the child, even though she doesn't mention her 'relationship' with me and just says that she is bringing the baby for visitation.
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There may be; if the border officer believes that she might stay with you.

For how long she can stay here at a stretch?
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Six months.

If she crosses the border by road (in that case there is no stamps on the passport, at least while going back to Canada) will the US ever know how long she had been here for? If yes, how?
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Why do so many people think that passport stamps have any meaning? The passport is likely to be swiped, and the license plate scanned. CBP doesn't rely on passport stamps; they have discovered databases and computers. ;)

What are the chances of an officer at POE denying a Canadian citizen entry based on how many times they have enterd the states?
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If she's spending lots of time in the US with a US citizen boyfriend and child, it's likely to catch up to her at some point.

What will be the good proofs for her to show her Canadian ties? (Bank, license, car, guaranteed job after her maternity is over?
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The bank accounts and car are nice; the "guaranteed job" doesn't mean much. Does she own property in Canada? That would help. The bank account can be emptied on demand and the car re-registered. Not much of a tie.

What will be a most realistic visa for her to apply as a teacher? H1 – she will need to get an offer and apply by next April, right?
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She will need to get an offer and her employer must be willing to pay the fees. If it's an educational institution she is cap-exempt and the employer can apply at any time. She has a degree, I assume?

We are not married, does she need to mention me in her visa applications?
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No, since she will never be applying for a visa stamp.

Unless she gets an H-1 I don't see this surviving 4 years, by the way.
 
Thanks for the quick reply.

Quote:
Originally Posted by samof69
In the mean time she will apply for a H1 (or J1?) to start working here from next September (may not be possible until next October from what I read)
H1s will not be available until April 1st 2009, and then only to start on October 1st 2009. She cannot apply for an H1 - she must find an employer willing to do so; and she must have a degree and her job must require a degree.

---She does have a masters and will be working as a teacher (most likely), so she can technically get H1 next year but the chances of getting it is slimmer these days because of the quota, and hence I Was thinking about J1.


Quote:
Will there be a problem at the border while she tries to come to the states with our baby having my 'no objection' letter which will clearly show that I (a US GC holder) is the father of the child, even though she doesn't mention her 'relationship' with me and just says that she is bringing the baby for visitation.
There may be; if the border officer believes that she might stay with you.
--
So they can do that? Will it help after awhile (given that they let her come in) to show that she had been doing it for a while and haven't stayed back?

Quote:
If she crosses the border by road (in that case there is no stamps on the passport, at least while going back to Canada) will the US ever know how long she had been here for? If yes, how?
Why do so many people think that passport stamps have any meaning? The passport is likely to be swiped, and the license plate scanned. CBP doesn't rely on passport stamps; they have discovered databases and computers.

--Computer or not do they exchange their database? SO far I haven't found out that they do. And if they don't then how would the US officers know when exactly she went back? Just asking.

Quote:
What are the chances of an officer at POE denying a Canadian citizen entry based on how many times they have entered the states?
If she's spending lots of time in the US with a US citizen boyfriend and child, it's likely to catch up to her at some point.</quote>
I am trying to bet against the odd that they would know exactly for how long. This is my main concern, how will the US CBP know? Please explain.


--Quote:
What will be the good proofs for her to show her Canadian ties? (Bank, license, car, guaranteed job after her maternity is over?
The bank accounts and car are nice; the "guaranteed job" doesn't mean much. Does she own property in Canada? That would help. The bank account can be emptied on demand and the car re-registered. Not much of a tie.

--Not much more than that.

Quote:
What will be a most realistic visa for her to apply as a teacher? H1 – she will need to get an offer and apply by next April, right?
She will need to get an offer and her employer must be willing to pay the fees. If it's an educational institution she is cap-exempt and the employer can apply at any time. She has a degree, I assume?</quote>

--She does have a degree but I don't think that the primary and secondary teachers are exempted, are they?


Unless she gets an H-1 I don't see this surviving 4 years, by the way.

--I know. I am talking about one year here. If she doesn't get a work visa (H1 or J1) it won't work.

Does anyone know any good lawyer who I can talk to? Do they al charge $300 for half an hour?
 
samof69 said:
I am a US GC holder (not a Canadian citizen) and my girlfriend is a Canadian citizen.
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When are you eligible for US citizenship? As a GC holder all you can do is have your GF play dodgeball with Immigration for a long long time. Unless you get citizenship and file for her and your child, they'll figure out your relationship (especially since she's carrying the child) sooner or later and ban your GF from entering the US.
 
You are saying that they can ban a Canadian citizen from entering the states just based on a suspicion?
 
You are saying that they can ban a Canadian citizen from entering the states just based on a suspicion?
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Sure they can. However, it is not likely if they are not going to marry. But it is not in their best interests anyway to volunteer they are going to live together, whether she inters as TN or as B-2.

TN visa is a good choice. But school teacher does not qualify. Possible options are:

TEACHER

College
Baccalaureate or Licenciatura Degree

Seminary
Baccalaureate or Licenciatura Degree

University
Baccalaureate or Licenciatura Degree
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