Keep U.S. employment but move to Canada to marry spouse

[gamelans]

I'm a U.S. citizen employed by a U.S. company. My partner is a Canadian citizen residing in Canada.

We want to get married and are prepared to get our marriage license soon, with the idea that I'd probably come there as a sponsored spouse. He lives in Ontario near the border with NY, and my employer has a regional NY office right over the border that would only be a maybe half hour to hour long commute for me (from his home in Canada). I have already confirmed with my employer that I can transfer to the NY office.

However, what is confusing is whether or not I can marry my partner and immediately move to his home in Canada *while maintaining my current job in the U.S*.

A lot of resources online seem to indicate that as long as my employer is a U.S. employer, that I'm receiving income from said U.S. employer in U.S. dollars, and that this income is going into a U.S. bank account, this is fine while I'm living with my spouse and working to obtain legal permanent residency on a spousal sponsorship.

Am I wrong about this? Has anyone actually moved straight to Canada to marry their Canadian partner while keeping their *current* U.S. job (either as a remote worker or traveling over the border daily)? What did that process look like for you? What do we need to know?

We have reached out to an attorney but am waiting to hear back from their office. Any insight folks can provide in the meantime would be really helpful- our heads are kind of spinning about this and I just want some relief knowing if this is *at all possible.* I don't want to have to delay moving to be with my partner and instead move to NY, live over the border indefinitely while working in NY and being unable to actually *be and live* with my partner. I also don't want a situation where I have to quit my job to move to Canada. I like my current job and have invested a decade there. If I have to do it, I will, but I'd like to know if it's possible to just marry my partner, move straight to Canada, and drive back and forth over the border to my job in NY.

 

[scylla]

I'm a U.S. citizen employed by a U.S. company. My partner is a Canadian citizen residing in Canada.

We want to get married and are prepared to get our marriage license soon, with the idea that I'd probably come there as a sponsored spouse. He lives in Ontario near the border with NY, and my employer has a regional NY office right over the border that would only be a maybe half hour to hour long commute for me (from his home in Canada). I have already confirmed with my employer that I can transfer to the NY office.

However, what is confusing is whether or not I can marry my partner and immediately move to his home in Canada *while maintaining my current job in the U.S*.

A lot of resources online seem to indicate that as long as my employer is a U.S. employer, that I'm receiving income from said U.S. employer in U.S. dollars, and that this income is going into a U.S. bank account, this is fine while I'm living with my spouse and working to obtain legal permanent residency on a spousal sponsorship.

Am I wrong about this? Has anyone actually moved straight to Canada to marry their Canadian partner while keeping their *current* U.S. job (either as a remote worker or traveling over the border daily)? What did that process look like for you? What do we need to know?

We have reached out to an attorney but am waiting to hear back from their office. Any insight folks can provide in the meantime would be really helpful- our heads are kind of spinning about this and I just want some relief knowing if this is *at all possible.* I don't want to have to delay moving to be with my partner and instead move to NY, live over the border indefinitely while working in NY and being unable to actually *be and live* with my partner. I also don't want a situation where I have to quit my job to move to Canada. I like my current job and have invested a decade there. If I have to do it, I will, but I'd like to know if it's possible to just marry my partner, move straight to Canada, and drive back and forth over the border to my job in NY.

The short answer to your last question is no - you should assume it will not be possible.

Until you have permanent residency, all you are allowed to do is visit Canada (not move here).

If you wanted to remain in Canada as a visitor while your PR application is processed and work remotely for a US employer - there will be no issue provided your employer has not Canadian clients / does no business with Canada (otherwise you need a work permit).

Crossing the border daily to work in the US is a different matter. You can certainly do this once you are a PR and entitled to live in Canada. However you should assume this won't be possible pre-PR (while you are in Canada as a visitor). Crossing the border daily is not the behaviour of a visitor and sooner or later you can expect to have problems at the border and likely be refused entry and have problems re-entering in the future.