Canadian PR wants to Marry American H1B Visa Holder - Advice

[Tiya]

Hi,

I am a permenent resident of Canada, and am currently a student. My fiance is a H1B visa holder in the US. We want to get married in summer 2006.

Is it better for us to be married in the US or Canada? Our most important goal is that we can be together whether in Canada or USA. Preferably in USA at this stage because he has a good job there.

I know I can sponsor him for Canadian PR status, but can he sponsor me for spouse status in the USA? How long will it take?

Advice anyone?

Tiya

[PMM]

Hi

Hi,

I am a permenent resident of Canada, and am currently a student. My fiance is a H1B visa holder in the US. We want to get married in summer 2006.

Is it better for us to be married in the US or Canada? Our most important goal is that we can be together whether in Canada or USA. Preferably in USA at this stage because he has a good job there.

I know I can sponsor him for Canadian PR status, but can he sponsor me for spouse status in the USA? How long will it take?

Advice anyone?

Tiya

1.  First of all you have to decide where you want to live.  If it is in the US since he is not a Green card holder, you would have to obtain H visa, I believe.  You know that if you must fulfil 2 years in every 5 to maintain your PR status?
2.  If you wish to sponsor him to Canada after you are married you should read http://www.cic.gc.ca/english/sponsor/index.html
and then http://www.cic.gc.ca/english/applications/menu-outside.html
3.  For US visa waiting times see: http://travel.state.gov/visa/temp/wait/tempvisitors_wait.php


PMM

[bartleys]

Tiya, you can be married either in Canada or U.S.  

f you'll be the sponsoring your husband, you have to be in Canada since you're a permanent resident.  Only citizens can sponsor their family outside Canada.  Your application would be considered as spouse outside Canada class.  (As a side note, remember to maintain your PR status!)

If you and your fiance prefer to live in the U.S., you can do two things.  He can sponsor you as his dependent under his H1 visa.  Unfortunately, you won't be able to work.  I believe that you can study though.  Another option is to use your OPT (assuming you're under F-1) to work for a year, then apply for your own H1B.

[Tiya]

Thank you Bartleys and PMM. We would be living in the USA because he is working there right now.

When he applies for an H4 visa for me, will I still be able to enter the US using my toursit visa until my H visa is issued?

Thanks!

[smvijay]

When he applies for an H4 visa for me, will I still be able to enter the US using my toursit visa until my H visa is issued?

Once you get married, you will be able to apply for H4 visa in canada, that will provide you with a status to live in US with him, till he retains his H1 status. You cannot work during this period on H4 visa. I am not sure about the NAFTA provisions for canadian PR, I believe they apply only to canadian citizens. As long as you have tourist B2 visa, you can enter US (usually for a max period of 6 months). But once u get H4, ur B2 will be cancelled.