Temporary Work Permit - US Citizen Married to Canadian Immigrating to US

[ThunderKat]

Hello to everyone out there,

Immigration is a very complicated process. Short form: My husband (a Canadian citizen) and I (a US citizen) were married a little over a year ago in January 2014. We hired an immigration lawyer who allegedly filed all the necessary paperwork for my husband to immigrate to the US and that was that. A family death led my husband to have to travel back to Canada in August of 2014. Upon re-entry back in to the US at the Ottawa airport, he was denied entry. They knew he was married with the intent to immigrate. When further research was done, we discovered that our immigration lawyer NEVER filed the original paperwork. My husband should have been able to travel to Canada but we got screwed because the paperwork was nowhere to be found in the system. Since then, we've re-applied and are awaiting approval of his new immigration paperwork.

In the meantime, we would like to be together. I am interested in a temporary work permit. I am wondering if with his status as a Canadian citizen if this is possible. it's very clear that I am not trying to immigrate. I want to work there while we wait for this process to complete and then we will both go to the US. If I get a job offer will the border official allow me to take the position if I follow all of the qualifications or will I have trouble because my husband is Canadian?

Any advice would be extremely helpful! We just want to be together through this difficult time. So ridiculous that they force people to remain apart.

Remaining optimistically hopeful.

 

[scylla]

In order to work in Canada you will first have to find an employer who is willing to offer you a full time job. If that job qualifies under NAFTA, you can go to the border and obtain a work permit. If the job does not qualify under NAFTA, your employer will have to obtain an approved LMIA before you can obtain a work permit. The LMIA process is something that takes many months to complete (the employer has to do all of the leg-work), involves proving that no Canadian could be hired for the role and requires a $1K fee.

 

[ThunderKat]

Scylla Thank you for your response. The process you explain is what I have been reading most places. What I'm most concerned about is the border giving me trouble because I am married to a Canadian citizen living in Canada. Does this pose a problem? With this being the case do I still apply as you mentioned and as I have been reading? Or since I'm married to a Canadian citizen do I need to follow a different procedure?

I just don't want to do all the legwork, get to the border and then get refused because of my situation. Thoughts?

 

[scylla]

The process will be no different for you.

 

[ThunderKat]

Thank you for your reply. Wasn't sure if they needed additional proof of having ties in the US. I guess the job offer will have a duration and that will give reason for me to return to the US.

 

[rhcohen2014]

carrying proof of ties to the US only comes into play when you enter canada as a visitor and intend to stay there beyond the normal period of time a person would travel to visit someone. ie: months instead of weeks.

 

[ThunderKat]

@rhcohen

I was wondering about proof of ties to the US in regards to my Canadian husband that is immigrating to the US currently. I'm wondering if my Temporary Work Permit would cause any issues with his application process into the US. Would working in Canada not give him reason to immigrate to the US? It would only be temporary so we could be together during the immigration process. That's the whole point. I just don't want to cause any harm in his process.

Does that makes sense? It's complicated because I'm a US citizen, he is Canadian stuck in Canada while awaiting the US immigration paperwork process. I want to be there with him while he waits and a Temporary Work Permit seems like a viable option. I just want to be sure it doesn't jeopardize his Immigration Application in any foreseeable way.

 

[Leon]

My advice, go visit your husband and travel light. When asked, say you are staying for a couple of weeks. They will not hold you to it because you will get 6 months and you can always say you changed your mind. Do not say to immigration when you enter that you are planning to look for work. Do not bring your CV's or important documents in your luggage in case they check. Rather have them sent to your husband via registered mail. Box up your belongings you will need and mail them as well. If the immigration officer gets the idea that you are planning on looking for work and staying on, they could deny you entry.

You will then have 6 months in Canada to try to find a job offer in order to get a work permit. You can apply to extend your visitor status before it expires if you want to stay longer.

 

[rhcohen2014]

@ rhcohen

I was wondering about proof of ties to the US in regards to my Canadian husband that is immigrating to the US currently. I'm wondering if my Temporary Work Permit would cause any issues with his application process into the US. Would working in Canada not give him reason to immigrate to the US? It would only be temporary so we could be together during the immigration process. That's the whole point. I just don't want to cause any harm in his process.

Does that makes sense? It's complicated because I'm a US citizen, he is Canadian stuck in Canada while awaiting the US immigration paperwork process. I want to be there with him while he waits and a Temporary Work Permit seems like a viable option. I just want to be sure it doesn't jeopardize his Immigration Application in any foreseeable way.

if your husband is a canadian citizen, HE does not need proof of ties to the US to enter canada. the proof of ties would be for YOU when you YOU entr canada to ensure CBSA you don't have intentions of living or moving to canada without the property authority to do so (ie: pr/work or study permit). If you want to bring proof of your husband's immigration to the US to show you don't plan to stay in canada long term, then i suspect any proof of the applicaiton (fees paid, letters from us immigraiton, etc) would be helpful.

I do not have experience with immigrating TO the US, and most people on this forum will not either. to get answers for questions about immigrating TO the US, I would suggest finding a forum specific to that process.