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terrice
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Joined: Mon Jul 31, 2006 7:26 pm

more about Canadian passport to stay US

Post by terrice » Wed Aug 02, 2006 8:08 pm

Dear all,
I hope there is no “sex preference” discrimination here. I am a Canadian, I met a guy last time when I visited US. I think I deeply in love with him, and here are all my questions:

1. How many days I actually could stay in US with my Canadian passport?
Someone said it is 30 days, 60 days and 180 days each time, some said each year, I just don’t know which one is true.

2. Every time when I visited US, I find the immigration always gives me a visa class in “B2” and until days ” N/C”, what that means?

3. I intend to stay in US with my boy friend under the following options and I want to clarify some issues here too:

- if I want to study in US, is it easy to apply as a Canadian which US and Canada has such a good relationship?

- If I want to set up a company here, the capitol I should invest would be from US 50,000 to 1,000,000 and at least employ 10 staff, is it true? The preference of their selection is based on the amount of capitol or the type of the business? Is that type of application very complicated and better to hire a lawyer to apply

- If I just go to US like staying there 3 months (I mean the max days I could stay) and go back to Canada for several weeks and come back to US. Would it work? Or are there a lot of people doing the same thing?

- In UK, there is a law for gay partner to stay in their country if they prove their relationship lasted for a period ? I know there is no law to protect the gay partner in US or Canada, do you know is there any other method?

I just don’t know who could help me. Please save me.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Thu Aug 03, 2006 1:12 am

1. How many days I actually could stay in US with my Canadian passport?
Someone said it is 30 days, 60 days and 180 days each time, some said each year, I just don’t know which one is true.

2. Every time when I visited US, I find the immigration always gives me a visa class in “B2” and until days ” N/C”, what that means?
Canadians are usually admitted for 6 months under B2 (visitor for pleasure) and tend not to get an I-94 with a 'departure by date' hence the N/C comment. Don't stay for more than 180 days in any one occassion. CBP can admit you for a shorter time though in which case leave on or before the date marked on your passport.


-3. I intend to stay in US with my boy friend under the following options and I want to clarify some issues here too:

if I want to study in US, is it easy to apply as a Canadian which US and Canada has such a good relationship?
You need to enrol at an appropriate educational establishment and get a SEVIS Form I-20 from them. With this and proof of financial ability you will get admitted as a student at US Port of Entry i.e you will not have to go toa US consulate for a student (F or M visa) - your 1-94 will be in F1 or M1 status marked D/S (duration of status). This is an expensive option as you may not work off campus in the 1st year. Its a short term solution in that on its own you will not get a GC. After completing an appropriate course you may (for F1) do 1 year of training in your field of study. This could then lead to a H1B which after 7 or so years may lead to a GC if a suitable employer files for such on your behalf.

If you have a college degree it may be worth trying for the H1 (can subsistute with appropriate work experience) in the next quota or a TN visa (no work experience substitution allowed) under the NAFTA Treaty. Such will allow you to at least work in the US which is of immense help to any relationship and gives you some time to explore your options immigrationwise.
- If I want to set up a company here, the capitol I should invest would be from US 50,000 to 1,000,000 and at least employ 10 staff, is it true? The preference of their selection is based on the amount of capitol or the type of the business? Is that type of application very complicated and better to hire a lawyer to apply
Seems like the E2 Treaty Visa - these are not DIY territory...get an attorney who knows what they are doing to help with this.
- If I just go to US like staying there 3 months (I mean the max days I could stay) and go back to Canada for several weeks and come back to US. Would it work? Or are there a lot of people doing the same thing?
You will eventually get bounced - you need an immigrant visa to live in the US which is effectively what you are doing based on the travel pattern you describe. You don't have an immigrant visa so you would be deemd to be rightly abusing US immigration laws. At worst you may get a 5 year ban under expedited removal proceedings on the basis that you are misrepresenting (fraud) your true intentions when entering the US.
- In UK, there is a law for gay partner to stay in their country if they prove their relationship lasted for a period ? I know there is no law to protect the gay partner in US or Canada, do you know is there any other method?
US Immigration law is federal and since the federal government does not recognise same sex relationships/ marriages then partners in this situation have no legal recourse. Canada allows same sex marriages - perhaps your partner could considering moving to Canada under the family class sponsorship. CIC has all the information you need on this.

Good luck

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