# Canadian Looking To Work and or Study in America



## Quatchi (Jun 3, 2010)

My wife is American, while I'am Canadian. Of late we have had a hard time living were we are in Canada, and my wife really misses her family. There are loads of complications to a possible move the biggest being moving from the east coast to west coast. Also my wife seems to think it would be impossible for me to get a visa, or green card and if i could it would take months to do it. My question is there any visa ect that would allow me to work, or work and study that would not take months and months to process.


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## jennifer_sita (Jul 22, 2010)

Quatchi said:


> My wife is American, while I'am Canadian. Of late we have had a hard time living were we are in Canada, and my wife really misses her family. There are loads of complications to a possible move the biggest being moving from the east coast to west coast. Also my wife seems to think it would be impossible for me to get a visa, or green card and if i could it would take months to do it. My question is there any visa ect that would allow me to work, or work and study that would not take months and months to process.


The answer depends on a number of things:

1. As you're Canadian, if you're on the NAFTA list of approved professions, you can get a TN visa. However, this is a temporary non-immigrant visa. This is a fairly simple process (as I understand it) and there is no cap on the number of TN visas. 

2. If you want to work in the US (and aren't eligible for a TN visa), you can try and get sponsored for an H-1B visa. I think applications have to be made by the prospective employer by October and applications are processed in April. There is a cap on the number of H-1B visas. You can have dual intent (i.e., to remain/settle in the US with this visa.

3. If you want to study, you can go on an F-1 or J-1 visa. You can only work on campus with these visas for a maximum of 20 hours and off-campus employment isn't generally allowed (unless you apply due to serious financial hardship). Again, these are non-immigrant visas. The J-1 visa may require you to return to Canada (or your last place of residence) for 2 years before you can apply for immigrant visa to the US.

There is lots of guidance on the internet in relation to these visas. Just so you know, you can only hold one visa status at a time.

By the way, this brief response isn't the "be all and end all" of answers, but I hope it helps.


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## Davis1 (Feb 20, 2009)

Quatchi said:


> My wife is American, while I'am Canadian. Of late we have had a hard time living were we are in Canada, and my wife really misses her family. There are loads of complications to a possible move the biggest being moving from the east coast to west coast. Also my wife seems to think it would be impossible for me to get a visa, or green card and if i could it would take months to do it. My question is there any visa ect that would allow me to work, or work and study that would not take months and months to process.


Canadadian do not required visas for becoming student but the cost is huge ..why not apply for a CR1 and arrive in the US green card sorted (about 8months )
wife may have to go ahead and get domicile and emploment for the affidavit of support


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## jennifer_sita (Jul 22, 2010)

Davis1 said:


> Canadadian do not required visas for becoming student but the cost is huge ..why not apply for a CR1 and arrive in the US green card sorted (about 8months )
> wife may have to go ahead and get domicile and emploment for the affidavit of support


That's not true. Canadians (like those from other countries) who want to go to the US to study full-time are required to have a visa (either an F1 or J1). I'm a Canadian heading to the US to do her PhD and can attest to this...


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## Bevdeforges (Nov 16, 2007)

Quatchi said:


> My wife is American, while I'am Canadian. Of late we have had a hard time living were we are in Canada, and my wife really misses her family. There are loads of complications to a possible move the biggest being moving from the east coast to west coast. Also my wife seems to think it would be impossible for me to get a visa, or green card and if i could it would take months to do it. My question is there any visa ect that would allow me to work, or work and study that would not take months and months to process.


I would think it would be better for your wife to file for a green card for you. Even if the application takes longer, it avoids a number of potential problems with your filing for either a student visa or an H1B or other work visa.

Considering that you're moving to be closer to her family, she could get her family to do the financial sponsorship if she isn't planning on working. 
Cheers,
Bev


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## Davis1 (Feb 20, 2009)

jennifer_sita said:


> That's not true. Canadians (like those from other countries) who want to go to the US to study full-time are required to have a visa (either an F1 or J1). I'm a Canadian heading to the US to do her PhD and can attest to this...


Nonsense 

Canadian Citizens do not need visas to study in the U.S. You do need to obtain an I-20 (or DS-2019) Certificate of Eligibility from the university that you plan to attend. At the time you receive the I-20 (or DS-2019) you will be registered with SEVIS, the student tracking system. You will be assigned a SEVIS number, and be required to pay a registration fee. 

When you cross the border to study you will need to provide the Officer at the port of entry: 

Proof of identity and citizenship (a Canadian passport for example)
The original I-20 (or DS-2019) certificate
Proof that you have paid your SEVIS fee
Proof that you have the funds to pay for the school that you plan to attend
Proof of your ties to Canada

Student & Exchange visas


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## jennifer_sita (Jul 22, 2010)

Davis1 said:


> Nonsense
> 
> Canadian Citizens do not need visas to study in the U.S. You do need to obtain an I-20 (or DS-2019) Certificate of Eligibility from the university that you plan to attend. At the time you receive the I-20 (or DS-2019) you will be registered with SEVIS, the student tracking system. You will be assigned a SEVIS number, and be required to pay a registration fee.
> 
> ...


Okay, I stand corrected. You don't need a "visa"; rather, your "status" must be approved. As a Canadian, you don't need to get a visa stamped in your passport or go for an interview at the Consulate, but you still need to meet the criteria (and provide evidence) applicable to the J-1 or F-1 status. The school (if you're studying) still needs to fill out the paperwork for the I-20 or the DS-2019 and you will be subject to the same conditions as someone who gets a visa  stamped in her/his passport. For example, some Canadians have to fulfill the J-1 two year residency requirement.

Sorry for my misuse of the terms "visa" and "status." To correct my earlier post, you aren't eligible for a TN "visa" as it's not a visa...it's a status as well. I guess I assumed (erroneously) that the word "visa" could be used to convey the idea that bureaucratic processes and procedure would be necessary and that you couldn't just turn up at the border saying, "I'm going to the US to study."


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## Quatchi (Jun 3, 2010)

Bevdeforges said:


> I would think it would be better for your wife to file for a green card for you. Even if the application takes longer, it avoids a number of potential problems with your filing for either a student visa or an H1B or other work visa.
> 
> Considering that you're moving to be closer to her family, she could get her family to do the financial sponsorship if she isn't planning on working.
> Cheers,
> Bev


I looked more into this and it seems the better option. I would file for the green-card and once they received the application then they send me a letter saying they received it. I then can apply for for a K-3 non-immigrant visa which will allow me to live and work in the U.S while my application for green-card is being processes. The only issue is i have questions about times and other things and the U.S immigration site says that there costumer service office is only for people living in the U.S and to call your local consulate. The only thing is U.S consulates in Canada don't allow calls about visa, immigration inquiry's. Instead you have to call one of there numbers which is 2$ a minute to call and waiting times are guaranteed.


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## Davis1 (Feb 20, 2009)

Quatchi said:


> I looked more into this and it seems the better option. I would file for the green-card and once they received the application then they send me a letter saying they received it. I then can apply for for a K-3 non-immigrant visa which will allow me to live and work in the U.S while my application for green-card is being processes. The only issue is i have questions about times and other things and the U.S immigration site says that there costumer service office is only for people living in the U.S and to call your local consulate. The only thing is U.S consulates in Canada don't allow calls about visa, immigration inquiry's. Instead you have to call one of there numbers which is 2$ a minute to call and waiting times are guaranteed.


That make no sense to me at all .. The K-3 is virtually obsolete for start..p
erhaps you need a consultation with a immigration lawyer


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## twostep (Apr 3, 2008)

Davis1 said:


> That make no sense to me at all .. The K-3 is virtually obsolete for start..p
> erhaps you need a consultation with a immigration lawyer


When making such statements and recommendations would you please give your reason and appropriate official links you base your statements on? Thank you.


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## twostep (Apr 3, 2008)

Quatschi
You post that you and your fiance are going through a period of economic hardship. You are unfortunately not alone. 
@@Are you qualified to apply at a US college/university for admission and how do you plan to pay tuition and every day expenses?
@@What are your and your fiance's professional qualifications?
@@Were you to move to the US - who would be the sponsor for your visa?
You have to look at this a bit more realistic. You will have a period of long distance relationship if you go the spousal route.


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## Davis1 (Feb 20, 2009)

twostep said:


> When making such statements and recommendations would you please give your reason and appropriate official links you base your statements on? Thank you.


Simple 
he is talking nonsense ... do you understand it 
There is no appropiate site or official link that deals with nonsense 

If you understand it answer it ....


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## twostep (Apr 3, 2008)

Davis1 said:


> Simple
> he is talking nonsense ... do you understand it
> There is no appropiate site or official link that deals with nonsense
> 
> If you understand it answer it ....


Again - please base your statements on facts. "he is talking nonsense" is a personal point of view with no merrit. Thank you.


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## Davis1 (Feb 20, 2009)

twostep said:


> Again - please base your statements on facts. "he is talking nonsense" is a personal point of view with no merrit. Thank you.


No ... its fact ....
only one r in merit


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## twostep (Apr 3, 2008)

Davis1 said:


> No ... its fact ....
> only one r in merit


Basically - you post a personal opinon without backing by facts and official links. To avoid confusing other posters you may want to be so kind as to identify the nature of your posts. Thank you.


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