Wife on H1. Can a canadian citizen go as a visitor and not dependant?
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Hi All,
I am sorry if this has been posted earlier. One of my good friend is getting married next month in Canada. Here is their situation :-
a) He and his fiancee are both Canadian Citizens
b) His fiancee went to US on TN earlier this year and now got H1
c) My friend was working in Canada in IT and is out of job now, since last month.
Now after marriage my friend wants to move to US with her. The first option is as a dependant on H4 but for that they need a mariage certificate and he confirmed from city that it takes approximately 3 months to get marriage certificate after getting married as marriage registration takes time. So he won't be able to get dependant visa right away. (Please correct me if i am wrong)
Second option is that he go as a visitor as he is Canadian Citizen. My questions are :-
1) Her wife is in US on H1, can the US immigration cause issues by asking questions (your wife is there you won't come back...etc)
2) They might ask him where is he working (since he is out of job they might suspect him of living and finding a job in US)
3) Is it OK if they travel together after marriage or let the wife go first and then he joins her later?
4) Are there any more issues/things to be taken care off?
They will talk to a professional lawyer for sure but gurus here like cdn_dude, dimple etc knows in detail about immigration procedures.
Your help will be really appreciated!
Regards
Location: Western Hemisphere
Posted on: 29-10-12 19:15:03
Canadian citizens can visit and remain in the US for up to 6 months max. Having said that, yes, your friend most likely will not be allowed in on a visitor status if he accompanies his wife. They will likely ask him to enter on H4, especially, if they conclude he is entering to live with her permanently.
He can enter alone. Some of the questions that they tend to ask:
1. Purpose of visit to US (destination and reason)
2. How long will he be staying in the US
3. Who are you visiting or who will you be visiting
4. How much money are you carrying?
5. What do you do for living?
6. Where do you live?
Assuming entry goes smooth, your friend needs to take precaution not to overstay beyond 6 months.
Either way, it is highly recommended to enter / re-enter on H4.
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Dimple2001
Thanks Dimple,
That's what I thought. Better to travel on H4. I will convey him the message.
BTW if he is in US and gets a job in future, would it be difficult to change to TN?
Won't it sound as immigrant intent since wife is already working there? (As per NAFTA TN is non immigrant intent)
Thanks
Location: Western Hemisphere
Posted on: 29-10-12 19:55:54
Quote:
Originally posted by spaceman
Thanks Dimple,
That's what I thought. Better to travel on H4. I will convey him the message.
BTW if he is in US and gets a job in future, would it be difficult to change to TN?
Won't it sound as immigrant intent since wife is already working there? (As per NAFTA TN is non immigrant intent)
Thanks
Yes, in the future, he can change his status to H1 or TN if there is a willing sponsoring employer. Will not be difficult and will not encounter any problems as long as his employer's petition does not have any problems.
No, his wife is not an immigrant by being on H1. H1, unlike TN, allows dual intent (you could intend to become an immigrant in the future). Although TN to immigrant status can be done via careful planning.
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Dimple2001
Thanks Dimple!
There is nothing preventing your friend to enter on a visitors visa. H4 is intended only if your friend wants to live in the US as a dependent on his wife and requires his wife to show enough funds/sponsorship to support him. If he is a citizen, best option is to find the job and change status to h1b in the us. Once you are in US nothing prevents you from changing your status to any visa.
H1B does not require you to show an intent to stay temporarily though it is a temporary visa. Thats why people adjust status and get green card. Whereas other visas like F1 prevent you from doing so.
Best of luck!
