I am a Green Card holder and intend to marry a Canadian citizen. I would like inputs on:
1. After marriage, can the Canadian citizen stay in the USA based on Canadian citizenship credentials? Are there timelines associated with this (only stay for 6 months permitted, etc).
2. Do I need to apply for a Family-based Green card for the prospective spouse?
3. Can the Canadian citizen apply for USA jobs based on Canadian citizenship credentials (OR) would a NAFTA visa or something like that be needed? Also, I would like to know of any other specifics that I need to be aware of with reference to my case above.
1. The answer is No. Canadian citizens are not allowed to stay in the US indefinitely. They are allowed to come in without visas for most things except E-2.
2. Yes of course.
3. The answer is No but NAFTA visa also known as a TN visa is very difficult if you already have a green card pending or your spouse is a US green card holder. I think what makes sense is probably a H-1 or L-1 type of visa which is not subject to the problems that are normally associated with the filing of a green card or they can wait outside for the green card to be processed. They may be allowed in as long as they are completely upfront about it. When you come to the border as a Canadian citizen and you are going to visit your spouse who is a green card holder you should tell them that's what you are going for. You should not say you are going just for a casual visit.