• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Canadian Citizen living in Canada, boyfriend is permanent resident greencard holder

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

slantedhalo

Junior Member
What is the name of your state (only U.S. law)? Michigan

I live in Windsor, Ontario, Canada which is border city to Detroit, Michigan. My boyfriend lives in Michigan and is a US Greencard holder for about three years now. I believe he needs to have resided in the usa as a greencard holder for at least five years before he can become a us citizen. We plan to be married soon and I will eventually move there. I have been reading about the process involved and it appears as though it will be a lengthly process. I am not sure what the best option would be for me as a canadian citizen marrying a greencard holder would be.

I want to know if we should get married over there in Michigan or in Canada. Or does it matter?

I want to know upon getting married can I go live with him in Michigan for certain amounts of time and then cross back into Canada? Can I live in the United States and still work in Canada?

I want to know after we are married can we begin the greencard process right away for me while he is still under permanent resident status or wait until he becomes a US citizen, and in either of these scenerios can I live with him in Michigan?

If we get married soon and i go live there as a canadian citizen, i understand i cannot work however, can i just be there for six months at a time and cross back into canada while we process a greencard application? or must i still reside in canada during the application process and just cross back and forth?

Can i have someone sponser me under a work permit so i can live and work there and also get married there while under this work permit, will it make it easier for the greencard process?

If i have a child there as a canadian citizen, and him being the father as a greencard holder, will the child allow us a way for me to legally live and work in the usa?

I am seeking the best possible situation that will allow me to at least live there with him.

Please advise.What is the name of your state (only U.S. law)?
 


evcalyptos

Senior Member
What is the name of your state (only U.S. law)? Michigan

I live in Windsor, Ontario, Canada which is border city to Detroit, Michigan. My boyfriend lives in Michigan and is a US Greencard holder for about three years now. I believe he needs to have resided in the usa as a greencard holder for at least five years before he can become a us citizen. We plan to be married soon and I will eventually move there. I have been reading about the process involved and it appears as though it will be a lengthly process. I am not sure what the best option would be for me as a canadian citizen marrying a greencard holder would be.

I want to know if we should get married over there in Michigan or in Canada. Or does it matter?
hi there. At this point, it does not matter for immigration where you marry. Marry in the place that will make you both happiest.

I want to know upon getting married can I go live with him in Michigan for certain amounts of time and then cross back into Canada? Can I live in the United States and still work in Canada?
Unfortunately, no, you won't be able to live in the US right after getting married. Since you ask the same thing several times, let me be perfectly clear: you may not live in the US until you hold an immigrant visa allowing you to do so.

I want to know after we are married can we begin the greencard process right away for me while he is still under permanent resident status or wait until he becomes a US citizen, and in either of these scenerios can I live with him in Michigan?
There are two parts to the 'green card' process. The first is a petition from a qualifying relative or employer. Yours will be relative, your spouse. He will file a petition I-130 for you.
The second part is the visa application. All applications require a 'current visa number' to start with. There is currently a backlog of visa numbers for spouses of Permanent Residents. Therefore, a visa number is not available for you right away, and you may not make a visa application. (a current visa number is also required for an adjustment of status application)

When he becomes a US citizen (after the oath), a visa number is immediately available for you. You can then apply for a visa as soon as he naturalizes.
When you have the immigrant visa, you can live in the US.

If we get married soon and i go live there as a canadian citizen, i understand i cannot work however, can i just be there for six months at a time and cross back into canada while we process a greencard application? or must i still reside in canada during the application process and just cross back and forth?
Canadian citizens can not just live in the US. You are allowed in without a visa for 6 months to VISIT, but you won't be able to cross daily for that long. Every time you enter the US, it will get more and more difficult. One day, they won't let you in.
You are legally allowed to visit, but you have to have a home and ties to Canada and to convince the officer that you are not immigrating without a visa.

Can i have someone sponser me under a work permit so i can live and work there and also get married there while under this work permit, will it make it easier for the greencard process?
Only close US citizen relatives (spouse, parent or child 21+) may petition for you (PRs may petition some people), or an employer.
You will not have a 'green card' process, you will apply for an immigrant visa.

If i have a child there as a canadian citizen, and him being the father as a greencard holder, will the child allow us a way for me to legally live and work in the usa?
Yes, when the child is 21+ years of age, she may petition for you as her parent. Hopefully you'll be sorted out before then.

I am seeking the best possible situation that will allow me to at least live there with him.
If your work does not qualify you for a TN position (a special status for Canadian/Mexican citizens) you can look at the other ways.. school etc. Otherwise, this is just the problem with marrying a PR; there is a delay before you can immigrate to the US to live with him.

I imagine this will be disappointing to read; I'm sorry.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top