How can a Canadian citizen live in the US with their American partner?

Question from nicky, How can a Canadian citizen live in the US with their American partner?

Answer from AI:

Moving to the United States to live with your American boyfriend in Hawai’i involves navigating the US immigration system. There are several options available, but the best approach depends on your specific circumstances. It is essential to consult with an immigration attorney for personalized advice. Here are some general options to consider:

1. Fiancé(e) Visa (K-1 Visa)

If you and your boyfriend plan to get married, you may be eligible for a fiancé(e) visa (K-1 visa). This visa allows you to enter the US and marry your US citizen fiancé(e) within 90 days of arrival. After marriage, you can apply for Adjustment of Status to become a permanent resident (green card holder).

Requirements for a K-1 visa include:

• Both parties must be legally free to marry
• Intention to marry within 90 days of arrival in the US
• Having met in person at least once within the two years before filing the petition

2. Marriage-Based Green Card

If you are already married or plan to marry outside the US, you can apply for a marriage-based green card. Your US citizen spouse must sponsor you by filing a Petition for Alien Relative (Form I-130) with the US Citizenship and Immigration Services (USCIS). Once approved, you can apply for an immigrant visa at a US consulate in Canada.

Requirements for a marriage-based green card include:

• Valid marriage certificate
• Proof of the US citizen spouse’s ability to financially support the foreign spouse
• Proof that the marriage is genuine and not solely for immigration purposes

3. Employment-Based Visa

If you have a job offer in the US, you may be eligible for an employment-based visa. Some common types of employment visas include:

• H-1B visa for specialty occupations
• L-1 visa for intracompany transferees
• O-1 visa for individuals with extraordinary ability or achievement

Each visa category has specific requirements, and your employer typically needs to sponsor your visa application.

4. Student Visa

If you plan to study in the US, you may be eligible for a student visa, such as an F-1 visa for academic students or an M-1 visa for vocational students. You must be accepted by a US school or program that is certified by the Student and Exchange Visitor Program (SEVP).

Keep in mind that student visas are temporary and do not lead directly to permanent residency. However, they may provide an opportunity to live in the US while exploring other long-term options.

Costs and Processing Times

The costs and processing times for each option vary. Some common fees include:

• K-1 visa: Filing fee for Form I-129F (Petition for Alien Fiancé(e)) – $535
• Marriage-based green card: Filing fee for Form I-130 (Petition for Alien Relative) – $535
• Employment-based visa: Fees vary depending on the visa category and employer
• Student visa: SEVIS fee (Student and Exchange Visitor Information System) – $350 for F-1 visa, $220 for M-1 visa

Additional fees may apply for visa applications, medical examinations, and other related expenses. Processing times can range from a few months to over a year, depending on the option chosen and current processing backlogs.

It is crucial to consult with an immigration attorney to determine the best approach for your situation. For more information on US immigration, visit the US Citizenship and Immigration Services website.