# Canadain and Turk planning to move to America



## Bogs (Jul 10, 2008)

Hi Everyone

Just new here and look forward to talking with some of you. I have a few questions maybe you people of knowledge can help me with. I am a Canadian presently living in Turkey with my Turkish wife. She is a pharmacist and we own a pharmacy here. We are planning to move to Florida in the near future where she will work as a pharmacist after getting her license there. I am not allowed to work under her visa so I'm not sure of what options I might have, even down the road. I am thinking of starting my own business but can't seem to get any real true and hard facts about the requirements for me to obtain this visa either. Any advice or assistance or ideas on this would be greatly appreciated. My brother in law (sisters husband) is an American in Florida, maybe there is an angle to look at for a partnership business, would LOVE to be able to obtain info on that also. My last question is simple I believe but I have been unable to find the answer in my web searches. I know Canadiansor for that matter pretty much anyone visiting America with a visitors visa (Canadians don't require one, YET) are only allowed to stay for 6 months mx. Here's the question part. Can I stay for 6 months and then leave the country and return right away to start another 6 month term or am I only allowd to stay in America 6 months a year? Once my wife gets her visa to work as a pharmacist then this won't be a problem because I would be covered under hers, but untill then I need to know the scoop on this. Thanks in advance.

Bob


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## Bevdeforges (Nov 16, 2007)

Hi, and welcome to the forum.

You're right in that you won't be allowed to work if you enter the country as a dependent on her visa. Basically it depends on what type of visa you enter on whether you can change visa types without first returning back "home" to re-apply.

And don't believe everything you hear about the six months' allowed on a "visitor's visa." On a B category visa, how long you can remain in the US depends on what period of time you are granted by the immigration officer at your point of entry. This is supposed to be based on his (or her) evaluation of whether or not you have sufficient ties to your home country to "guarantee" that you'll leave the US when your visa is up. There are slightly different provisions for Canadians - but I think in those cases you have to enter the US from Canada (and possibly to show that you are resident in Canada).

In any event, you probably won't be allowed to leave and then turn around and come right back in - certainly not on the same visa, and definitely not on any sort of visa waiver program. They're definitely wise to that one and even if they don't catch it the first time you "renew" your visitor stay, it will eventually catch up with you.

Your best option might be to come over with your wife and consult an immigration attorney once you get to the US. They'd be in a better position to advise you what your options are for changing your visa status.
Cheers,
Bev


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## Bogs (Jul 10, 2008)

Thanks Bev

What's different about this is that I as a Canadian I don't need a visa to enter America. That being said I don't need to renew it. I tried to get my answer on the US immigration website but couldn't. I also tried to write and ask the question but they don't do that either. 

Bob


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## twostep (Apr 3, 2008)

Bogs said:


> Thanks Bev
> 
> What's different about this is that I as a Canadian I don't need a visa to enter America. That being said I don't need to renew it. I tried to get my answer on the US immigration website but couldn't. I also tried to write and ask the question but they don't do that either.
> 
> Bob


???? You cannot work here without proper authorization which happens to be called visa. I just tried the site - search "Canadian" brought some 600+ hits.


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## Bogs (Jul 10, 2008)

I don't need to work there. I would like to have some time to live there and decide what business I would like to get into. My wife will be licensed as a pharmacist in a matter of a year or so after we get there so it won't be an issue for me at that time regarding how long we can stay per year.

We have a business in Turkey that would support us so employment would not be necessary right away.

Thanks
Bob


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## Bevdeforges (Nov 16, 2007)

What sort of a visa is your wife going over on? If it's a student visa (since you mention her getting certified as a pharmacist) she may be limited as to how long she can work after she finishes her studies.

In re-checking the USCIS website, it appears that you don't need a visa for "temporary" work (i.e. non-immigrant status) under NAFTA, but if you're planning on staying in the US permanently, you need to see about getting an immigrant visa.
Cheers,
Bev


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## Fatbrit (May 8, 2008)

Bevdeforges said:


> In re-checking the USCIS website, it appears that you don't need a visa for "temporary" work (i.e. non-immigrant status) under NAFTA, but if you're planning on staying in the US permanently, you need to see about getting an immigrant visa.


TN status requires a job offer and is processed at the border. The job must be on the list of applicable occupations. Derivative TD status for spouse does not allow work but does allow study.


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## twostep (Apr 3, 2008)

Bogs said:


> I don't need to work there. I would like to have some time to live there and decide what business I would like to get into. My wife will be licensed as a pharmacist in a matter of a year or so after we get there so it won't be an issue for me at that time regarding how long we can stay per year.
> 
> We have a business in Turkey that would support us so employment would not be necessary right away.
> 
> ...


Unfortunately the business in Turkey and its financial success has no influence on your legal status in the US. 

Will your wife attend an accredited school her? Will her visa allow you to come as spouse? This will NOT allow you to work here and will limit the US stay to her graduation.

You have family in the US but not in a direct line allowing for a reunion by visa.

If you plan on starting a business - again this falls under certain stringent requirements.


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## Bogs (Jul 10, 2008)

People , your reading way more into this and giving advice on assumptions. Here's the story, very simple. My wife is Turkish, she had obtained a 10 year visitors visa 4 years ago. Forget I ever mentioned the course, she is not looking to get a student visa. She was looking to take a private course to assist her in her studies to obtain her license. She can stay in America for 6 months at a time with her visitors visa. I am Canadian, I am not presently looking for employment in America. I don't need a visitors visa to enter America. I am not a resident of Canada at this time. I don't qualify for any benefits from Canada, medical or otherwise. From what I read even if I did want to work in the states I would need some kind of work visa. If someone can show me this is not true I would be very interested. I can stay for 6 months at a time in america also. We are looking to stay longer then 6 months though, this is where I need assistance in obtaining the correct information regarding the rules. When our visit of 6 months is about to expire, how long do we have to leave America before coming back and then starting another 6 month term? This is what I am trying to learn. Twostep I never said our business in Turkey would have any relevancy on our legal status in America, I only mentioned it as possibly the US officials might think we were indeed working illegaly , if we need to we could show that we have the business to support us, that working illegaly is NOT what we are attempting to do. I know it does not prove we still could'nt work illegaly but it would simply show proof of our ties to our business and show good intent. I appreciate your assistance.

Bob


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## Bevdeforges (Nov 16, 2007)

> We are looking to stay longer then 6 months though, this is where I need assistance in obtaining the correct information regarding the rules. When our visit of 6 months is about to expire, how long do we have to leave America before coming back and then starting another 6 month term?


Actually, I think this part is where you problem lies. If you read the CIS website carefully, you'll see that on multiple entry visas of any kind, the presumption is made that you intend to stay longer than the term of the visa. (I know, "guilty until proven innocent" - blame Homeland Security)

The onus is on you on entry to "prove" that you will go "back home" (wherever that is) when your currently approved stay is finished. By "looking to stay longer" you are in essence breaking the law (though you will hardly be the first to have done so).

I've seen somewhere (but can't remember where) that you are "supposed" to leave the country for a period equal to the length of time you were in the country (i.e. 90 days before your next visa waiver, 6 months if you maxed out your stay as you describe it). IIRC, those 10 year visitor visas limit you to 6 months per year in the country - though it is "up to the discretion of the immigrations officer" on each entry. I know of people who got were denied entry because they were trying to enter the country "too often" (i.e. two six-month stays in one 18-month period). (And this was the foreign spouse of a US citizen, where the couple was traveling together from their home in Europe.)

Unfortunately they deliberately keep the rules a bit indefinite and open to interpretation so that the agents can make use of their "discretion."
Cheers,
Bev


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## Bogs (Jul 10, 2008)

Thanks Bev. Is there such a thing as a residents visa? I don't recall seeing anything. Here in Turkey there is and you simply pay the fee and you have your visa. It just allows you to live in the country for that period of time, no working allowed. My parents spend 6 mnths a year in Florida as snowbirds, they never have a problem. Is there a website that you know of where I can get a legal answer to my question without paying through the nose? 

Thanks
Bob


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## Bevdeforges (Nov 16, 2007)

Bogs said:


> Thanks Bev. Is there such a thing as a residents visa?


Oh, dream on!  That would be far too simple and direct and we can't have foreigners overrunning the US without making them jump through hoops now and then, can we?

No, for a "resident visa" you have to be petitioned in by either an employer or immediate family (parents, children or siblings). The US sorts visas into two types - immigrant and non-immigrant. What you're looking for sort of falls into the immigrant category and thus there are lots of hoops to jump through.

Technically, the "snow birds" usually fall into the non-immigrant category, and they have the hurdle every time they enter of proving their ties to someplace else to assure they won't overstay their welcome.
Cheers,
Bev


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## twostep (Apr 3, 2008)

As Bev said - your wife's visa allows her a stay in the US up to 180 days but this is determined at point of entry by the immigration officer. B2 covers vacation, travel, medical treatment and some sporting events/conventions. It specifically excludes education. Worst scenario - . Why does she not jump through the hoops like everyone else and gets her F1?

There were some changes regarding Canadians recently. Have you checked with the Canadian Embassy?

This is not Turkey - other playground, other rules.


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