Married to American living in Canada. Can I work in USA?

M

mrmagoo

Registered Users (C)
Hi

First post...great site. Hello everyone.

I desire to work at will in the USA. I am married to an American but we both live in Canada. She is an American with Canadian landed immigrant status. That's why she was here in the first place.

Anyway, there must be a way for me to legally work in the USA at since I am married to an American.

Afterall, it would be no different than us living in the USA and me hopping borders to work in Canada sometimes.

Am I out of luck because she is residing in Canada? What options do I have?

What quick fixes are available to us/me? What Visa titles should I be looking at?

Thanks

MM
 
mrmagoo said:
Afterall, it would be no different than us living in the USA and me hopping borders to work in Canada sometimes.
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That's not exactly true, since presumably you're in valid status in Canada, while not in the US. Being married to a USC per se, does NOT mean you aren't subject to immigration control.

If the employment you're considering is of a temporary nature, you can read up on TN or H1B visas, to see if you qualify.

If you would like to immigrate to the US, check to see if your local consulate processes I-130 petitions filed abroad. However, going this route gets tricky due to domicile issues when filing the affidavit of support (I-864).

Best of luck.
 
Thanks

I did read up on the TN or H1B visas but I don't qualify.

If my local consulate processes I-130 petitions filed abroad would I still be required to live in the USA?

Could I work in the USA for several weeks or months at a time while my spouse is living in Canada?

I'm thinking it would be like being a traveling salesman while my American wife is living in Canada.

Doable?

Cheers
 
So you have an American wife who wants to live in Canada and you are a Canadian who wants to work in the US? Am I missing something here? Seems like it would be a lot easier if both of you lived and worked in the same country wouldn't it?

I doubt you can do what you want to do while your wife is living abroad. If she moved back to the US then you can get an EAD and work there until your green card is approved.

mrmagoo said:
I did read up on the TN or H1B visas but I don't qualify.

If my local consulate processes I-130 petitions filed abroad would I still be required to live in the USA?

Could I work in the USA for several weeks or months at a time while my spouse is living in Canada?

I'm thinking it would be like being a traveling salesman while my American wife is living in Canada.

Doable?

Cheers
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Well it is pretty simple.

We like staying/living in Canada of course but if possible I would like to take advantage of any extra benefit gained from our marriage such as employment in the US on a temporary basis. Weeks at a time for example. As I mentioned above it would be similar to being a traveling salesman or being in the military where you are away from your wife for periods of time.

We have set some short term financial goals and both accept the possibility of commuting or extended contractual obligations.

Besides I'm not sure I'll be doing this even if I knew I could. We are just looking at the possibilities.

Thanks

p.s. Can someone please tell me what the current length of time a Canadian can visit the USA for ? Is it still 6 months per year? Can you come back and re-enter or do you have to wait 6 months before US re-enter?
 
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Direct Consular Filing (DCF) for a greencard might be appropriate in your case. My non-USC sister and her USC husband are doing this from Germany so that my sister can get her greencard for when they move back to the States. I know there are residency requirements for the USC spouse, who is expected to have lived in the country where the DCF application is made (DCF is done at the US consulate in the relevant country) for a certain period of time. Since your wife is a Canadian landed immigrant, she likely qualifies on this ground. However, I've heard that many US consulates -- especially ones in Canada -- do not allow DCF at all. In any case, this might bear looking into.

All the best!
 
mrmagoo said:
Well it is pretty simple.

We like staying/living in Canada of course but if possible I would like to take advantage of any extra benefit gained from our marriage such as employment in the US on a temporary basis. Weeks at a time for example. As I mentioned above it would be similar to being a traveling salesman or being in the military where you are away from your wife for periods of time.
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You said you don't qualify for a TN or H1B, what is it you do for a living? Another option to you is the L1 visa which is used by corporations to transfer their employees to the US but is in reality used as a way around the H1B cap.
 
sudhany said:
However, I've heard that many US consulates -- especially ones in Canada -- do not allow DCF at all. In any case, this might bear looking into.

All the best!
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AFAIK the US consulate in Montreal allows it.
 
sudhany said:
Direct Consular Filing (DCF) for a greencard might be appropriate in your case.
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The poster has said that he and his wife don't want to move permenantly to the USA, so in this case a green card is not appropriate.

If you wish to come to the USA to work temporarily the fact that your wife is a US citizen doesn't help you. You need to be able to apply for a work visa like anyone else. TN, H-1B, L-1 or maybe J-1 depending on what you do for work are the most appropriate ones. Again, marriage to a US citizen will do nothing for your chances of getting one of these, it may even work against you (if they think you have immigration intent).

If you wish to live in the USA with your wife, then you can get a Green Card, through the various processes (DCF, K-3 visa etc).
 
dr_lha said:
The poster has said that he and his wife don't want to move permenantly to the USA, so in this case a green card is not appropriate.
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A commuter Green Card would probably be appropriate in this circumstance.
 
Thanks for all your help guys.

I am a computer tech with MSCE, A+, Network+ certifications etc. The MCSE is called an engineering certification (Microsoft Certified Systems Engineer), but the TN category also requires a degree related to engineering which I don't have.

There has been a lot of controversy regarding this certification as the engineering community in Canada wants to squash the engineering title.

Any computer techs here with similar credentials who have successfully got TN or commuter green card?

Thanks
 
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mrmagoo said:
ThAny computer techs here with similar credentials who have successfully got TN or commuter green card?
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You're not going to get a TN with those, but with a USC spouse your credentials shouldn't matter.
 
mrmagoo said:
Thanks for all your help guys.

I am a computer tech with MSCE, A+, Network+ certifications etc. The MCSE is called an engineering certification (Microsoft Certified Systems Engineer), but the TN category also requires a degree related to engineering which I don't have.

There has been a lot of controversy regarding this certification as the engineering community in Canada wants to squash the engineering title.

Any computer techs here with similar credentials who have successfully got TN or commuter green card?

Thanks
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Can't you get a TN as a "computer systems analyst"? If you have 3 years experience and a certification you qualify.

http://travel.state.gov/visa/temp/types/types_1274.html#16
 
Really? cool

The three years experience might be tough to prove though as I have been running my own mobile tech biz and haven't been employed by a corporation per se.

Ideally I'd like to be a mobile tech or independent contractor for tech support but don't know if that would be allowed.

If anyone can elaborate on this please do so.

TX
 
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eddie_d said:
If you have 3 years experience and a certification you qualify.
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Not a certification, a 2-year diploma from an accredited community college. You don't get a TN with 3 years' experience and some BS vendor certification.
 
TheRealCanadian said:
Not a certification, a 2-year diploma from an accredited community college. You don't get a TN with 3 years' experience and some BS vendor certification.
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I don't know if the MCSE is quite a BS vendor certification, I think there are some tests you have to pass. But nonetheless this is what it says:

Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post Secondary Certificate and three years’ experience. A diploma alone is fine, a certificate requires 3 years experience.
 
TheRealCanadian said:
Not a certification, a 2-year diploma from an accredited community college. You don't get a TN with 3 years' experience and some BS vendor certification.
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Thanks Eddie. Looks like the MCSE does qualify WITH 3 years experience.

RealCanadian, I see you had to throw the "BS" in there. Did you finally grad from community college after failing your courses five times? Is that why you speak as though a community college is not BS and a vendor cert is? Please change your name. It's insulting.

I'm sure most people on this forum aren't as willing to make such blanket statements about certifications. Some vendor certs are great compliments to other qualifications. Just because something might not help you get a greencard doesn't mean they are worthless. I don't go around telling my community college friends to get a real degree because I went to grad school.

Mexicans can jump a fence and get more privaledges than legit business people. I guess that's not BS.
 
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I agree - MCSE is a BS certification. So are the certs from all the other major (and minor) tech players. I know - I have some of them.
 
mrmagoo said:
Thanks Eddie. Looks like the MCSE does qualify WITH 3 years experience.
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I can absolutely assure you that an MCSE is certainly not a certificate under the terms of NAFTA. If you want to try it, then you are welcome to present yourself at a POE. The officers might not laugh at you too much before they kick you out.

The bottom line is that a "Certificate" is a Mexican 2-year diploma. That's why word is there. NAFTA does not, and has NEVER, allowed you to qualify as a Systems Analyst based on a vendor certification.

RealCanadian, I see you had to throw the "BS" in there. Did you finally grad from community college after failing your courses five times? Is that why you speak as though a community college is not BS and a vendor cert is?
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No, I have a degree, and that's why I've received two TNs, three H-1Bs and a Green Card. I refer to vendor certs as BS because that's how USCIS and CBP treats them - as useless. You may not like it, but you will like it even less when CBP rejects your case.

I'm sure most people on this forum aren't as willing to make such blanket statements about certifications.
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You may not like what I have to say, but those are the facts. Look into a commuter Green Card, or consult an attorney about wether your MCSE will get you a TN. You will pay $100 to have him tell you what I told you for free.
 
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