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I need help ASAP!!

stressed_out

Newbie
Jul 6, 2010
3
0
I am Canadian, my finace is American. He was in the process of building us a home in the U.S.A, when we found out he was sick. Now our life savings are in the half built house, and his Canadian visitors' pass expires next month.

Questions:
I own my home in Canada, I have a full time job here, my credit is awesome, and I have $$ in the bank. Can we get married in Canada, stay here for about 1 year, and then move to the U.S.A?

If this is possible, can he still go back and forth to his job in the U.S.A. and will he still have access to his medical in the U.S.A? Or will he need to convert to Ontario OHIP?

What I initally want to happen is get married, start my visa process continue to live in canada, and once my visa is approved then move to the states???

Please if ANYONE can shed some light our way, we would be sincerely LESS STRESSED!! thank you for your time and your assistance. You can reach me @ cantoamor_bust@rocketmail.com
 

Leon

VIP Member
Jun 13, 2008
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If he was not going to be going back and forth, I would say apply to extend his visit status but if he is crossing all the time, it's a tricky situation having an expired visit visa and having an application in to extend and having to explain that to immigration. In some cases people just leave and on the next entry get a new stamp good for another 6 months. He could also apply to get a Nexus card to make his border crossings easier.

There is no fiance visa you can get for him. After you are married, you could apply for his permanent residency which will likely take around 7 months or so if you apply outland. Once he gets PR, he can come and go as he wants.

If his medical insurance is through his job in the US and he is still doing that job, I do not see why he can't keep that insurance unless there is some clause in the insurance stating that he must live in the US to be covered. As a visitor in Canada, he will not be eligible for OHIP but if you apply for his PR, he can get it.
 

stressed_out

Newbie
Jul 6, 2010
3
0
Thanks for the information.

We have an immigration lawyer and he told us, that if i go to visit him at his house in the states, stay for 45 days, get married..then I would have to stay in the us (not go back to canada) for 4-6 months, then i would get my US drivers license and social security number...which was much easier..

But him getting sick, threw us for a loop. i'm secured here with my house and full time job. If we decided to stay in canada, would it be hard for us to move back to the states once he's better..He'll be on chemo for 10 more months.??
 

Leon

VIP Member
Jun 13, 2008
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Sorry but I don't know anything about US immigration. I assume he can sponsor you for a green card in the US like you could sponsor him for PR in Canada.
 

me2land

Hero Member
Aug 25, 2009
242
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stressed_out said:
We have an immigration lawyer and he told us, that if i go to visit him at his house in the states, stay for 45 days, get married..then I would have to stay in the us (not go back to canada) for 4-6 months, then i would get my US drivers license and social security number...which was much easier..
Your lawyer is right, once married your husband can file for your green card(takes about 6-12 months). He can also file for your work permit (takes about 3-4 months ). Either one will qualify you to get a drivers licence and ssn.

If we decided to stay in canada, would it be hard for us to move back to the states once he's better..He'll be on chemo for 10 more months.??
Nop, it will be the same process.

¬m2l
 

can_usa_97

Hero Member
May 22, 2010
878
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Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
07/13/2010
AOR Received.
09/07/2010 in process 9/2
File Transfer...
08/12/2010
Med's Request
Rcv'd dtd 10/18
Med's Done....
06/22/2010
Interview........
Waived dtd 10/18
Passport Req..
11/04/2010
VISA ISSUED...
11/16/2010
LANDED..........
06/18/2011
I don't know how the wait times are currently in the US.

There however are financial requirements in the US for spousal immigration - I am not sure the current # and your fiance should be protected by some laws regarding being out of work -but somethings can become unexpected whilst undergoing chemo. It looks like they changed the form and other assets can be included now it appears (perhaps the 1/2 finished house falls under this). If something would happen where he was not longer able to work.