H4 Visa for Canadian citizen?

[Murthy2222]

Hi,

I have H1 and my spouse is a Canadian citizen, Does anyone know if Canadian citizen requires H4 visa, and if yes, should we apply for it with US consulate? Some people say Canadian citizen doesn't require any visa to live in US, does any one know?

 

[rohit.joshi]

@Murthy2222
Canadian Citizen can apply for TN Visa instead of a H4. TN can be processed at the border.

 

[Murthy2222]

For TN visa, a job offer is required, my spouse doesnt have a job offer. But to travel, some kind of visa is required right?

 

[harirajmohan]

Hi,

I have H1 and my spouse is a Canadian citizen, Does anyone know if Canadian citizen requires H4 visa, and if yes, should we apply for it with US consulate? Some people say Canadian citizen doesn't require any visa to live in US, does any one know?

Are you both moving to US? Then your spouse can get H4 status in the border. H visa is not required for canadian citizen.
If not moving to US then your spouse can get B status at border. B visa is not required for canadian citizen.

 

[Nil007]

Are you both moving to US? Then your spouse can get H4 status in the border. H visa is not required for canadian citizen.
If not moving to US then your spouse can get B status at border. B visa is not required for canadian citizen.

Hello @harirajmohan - Can you please address my question?
I am in Canada, PR holder, applying for H1B visa (old visa is expired, I-140 approved). My son is 2.5 yrs old, is a Canadian citizen and first time he is applying for any kind of visa to moving to USA with me and continue living with me in USA.
Do I need to apply his new H4 visa and then stamping, or how that will work? Because I read that for any longer stay than 6 months to USA, Canadian citizen needs visa.

 

[harirajmohan]

Hello @harirajmohan - Can you please address my question?
I am in Canada, PR holder, applying for H1B visa (old visa is expired, I-140 approved). My son is 2.5 yrs old, is a Canadian citizen and first time he is applying for any kind of visa to moving to USA with me and continue living with me in USA.
Do I need to apply his new H4 visa and then stamping, or how that will work? Because I read that for any longer stay than 6 months to USA, Canadian citizen needs visa.

Canadian citizens dont need these non-immigrant visas - doesnt matter on duration of stay. Get H visa for others in the family.
https://ca.usembassy.gov/visas/do-i-need-a-visa/

 

[shevas2003]

Hi,

I have H1 and my spouse is a Canadian citizen, Does anyone know if Canadian citizen requires H4 visa, and if yes, should we apply for it with US consulate? Some people say Canadian citizen doesn't require any visa to live in US, does any one know?

Hi Murthy,
It’s reversed in our case. My hubby is a Canadian citizen, on an H1 visa. I on the other hand am a PR and accompanying him here in the US for quite a few years. Canadian citizens don’t require a stamp in their passport, like non-Canadian citizens. I think if your husband doesn’t get a H4, then he’ll have a restricted stay for whatever time a Canadian citizen is allowed to stay here in the US. So I would think he’d need a H4(not a visa stamp) so he can be on dependent status with you in the US if you plan to stay a few years

 

[Nil007]

Canadian citizens dont need these non-immigrant visas - doesnt matter on duration of stay. Get H visa for others in the family.
https://ca.usembassy.gov/visas/do-i-need-a-visa/

Hi @harirajmohan - Can you please look into the below website, it's saying specifically that Canadian citizens need visa to move to USA if more than 6 months, is it wrong?
https://www.legalline.ca/legal-answers/do-canadians-need-a-visa-to-visit-the-usa/

 

[shevas2003]

Hi @harirajmohan - Can you please look into the below website, it's saying specifically that Canadian citizens need visa to move to USA if more than 6 months, is it wrong?
https://www.legalline.ca/legal-answers/do-canadians-need-a-visa-to-visit-the-usa/

This is right, if you don’t get the H4 viss, then your stay in the USA will be very limited to I think 6 months. If you’re planning to move to USA, then H4 visa is required. But a Canadian citizen does not need a visa stamp, they can get it at the port of entry

 

[Nil007]

This is right, if you don’t get the H4 viss, then your stay in the USA will be very limited to I think 6 months. If you’re planning to move to USA, then H4 visa is required. But a Canadian citizen does not need a visa stamp, they can get it at the port of entry

Hi @shevas2003 - Thank you, do you know the process of getting visa at POE for Canadian citizens like my kid? I am reading different things but didn't get any solid information from govt/immigration websites. Your direction would be helpful if you know.

 

[shevas2003]

Hi @shevas2003 - Thank you, do you know the process of getting visa at POE for Canadian citizens like my kid? I am reading different things but didn't get any solid information from govt/immigration websites. Your direction would be helpful if you know.

My spouse who is a Canadian citizen, just shows his H1 Approval Notice(I-797) and they stamp his passport with a validity for as long as his H1 approval notice shows.

 

[Nil007]

My spouse who is a Canadian citizen, just shows his H1 Approval Notice(I-797) and they stamp his passport with a validity for as long as his H1 approval notice shows.

Where he got his stamp? In Canadian airport on the same day before catching flight or when he landed in USA, then at the port of entry or during immigration checking in USA?

Also, the scenario is different. Your spouse (Canadian citizen) had to apply HIS OWN H1B first and based on his OWN approval, he got stamp at POE, i.e., he first applied for visa & then get stamped at POE.
In my case, my son is a Canadian citizen, so will he get stamping (I think H4 stamping) based on MY H1B approval at POE? Is there any more prior step for him or just directly during USA moving by air, he will get his H4 stamped in the same day?

 

[shevas2003]

Where he got his stamp? In Canadian airport on the same day before catching flight or when he landed in USA, then at the port of entry or during immigration checking in USA?

Also, the scenario is different. Your spouse (Canadian citizen) had to apply HIS OWN H1B first and based on his OWN approval, he got stamp at POE, i.e., he first applied for visa & then get stamped at POE.
In my case, my son is a Canadian citizen, so will he get stamping (I think H4 stamping) based on MY H1B approval at POE? Is there any more prior step for him or just directly during USA moving by air, he will get his H4 stamped in the same day?

I’m pretty sure your son will just get it at the airport. He will never need a visa stamp coz he has a Canadian passport. Canadian citizens don’t need a visa stamp(H1 and/or H4). When my husband flies from India to US, he just shows his I-797 Approval Notice and they stamp the passport for the i-94. Canada to US, we usually drive and it’s the same thing.
You should reach out to your lawyer for legal advice.

 

[Nil007]

I’m pretty sure your son will just get it at the airport. He will never need a visa stamp coz he has a Canadian passport. Canadian citizens don’t need a visa stamp(H1 and/or H4). When my husband flies from India to US, he just shows his I-797 Approval Notice and they stamp the passport for the i-94. Canada to US, we usually drive and it’s the same thing.
You should reach out to your lawyer for legal advice.

Thank you.

 

[harirajmohan]

Hi @harirajmohan - Can you please look into the below website, it's saying specifically that Canadian citizens need visa to move to USA if more than 6 months, is it wrong?
https://www.legalline.ca/legal-answers/do-canadians-need-a-visa-to-visit-the-usa/

Just call cbp office and they will confirm.
Visa is just a travel document to reach the immigration post. This visa is required only for commercial carrier to board us in, not going to be helpful beyond that point(all passports are same). Canadian passport is the only passport US allows to travel for most visa category without a visa. My colleague's wife and kids dont get visa, as @shevas2003 said they just jut the border directly with principal's I797 and they will get I94.