Student Spouse in US

[The Northerner 0]

I am wondering, if my wife (dual Canadian/American) of 4 years decides to study in the US, are the same requirements for the IR-1/CR-1 applied to me (Canadian Citizen)? Are there considerations for spouses of USC to live with them in America while they study?

[canadian_wife 1,791]

No, your USC spouse may attend school at any time.

YOU, the Canadian, need a proper visa to live with your spouse. This will either be an immigrant or non-immigrant visa depending on the path you take

good luck

[The Northerner 0]

Would I be able to enter with a non-immigrant visa and work on getting a green card while we're there? Can I enter the states and live without working while our IR-1/CR-1 application is reviewed?

[The Northerner 0]

My wife (dual Can/USC) wants to study in America in September. We intend to file the IR-1/CR-1 but we would not be able to complete it by September. I understand that a non-immigrant visa is issued in situations like this, when you aren't necessarily intending to live in the country past a certain date. If I were to move to the states with her while she studies on a non-immigrant visa, would we be able to file the IR-1/CR-1 while we're in the country?

And is does the non-immigrant visa limit me so that I would be unable to work while my wife studies?

[canadian_wife 1,791]

Why can't your spouse petition for you for an immigrant visa, since that is your goal anyway?

good luck

[The Northerner 0]

well, I was under the impression that an immigrant visa is a longer process and we may not be able to have it complete for me to move with her down to the States in September. When you mention an immigrant visa, are you referring to the IR-1/CR-1? I was also under the impression that I could not enter the States while the IR-1/CR-1 was being reviewed.

[NikLR 13,220]

You can visit but you can't live there. She doesn't need a non-immigrant visa as a USC. She may want to look into the requirements at the school. Most require you to live in the state for a year to get in-state tuition.

[canadian_wife 1,791]

You are mistaken, you may visit while the cr/ir is being processed

good luck

[pushbrk 12,106]

You don't lose your Canada visitor privilege, but visiting and "move with her" are not the same thing. You would need to "visit" while maintaining "residence" in Canada. The US Immigration process is not arranged to meet the every convenience of foreigners but there are certainly ways to deal with your desires, even if not exactly as you might hope.

[Ryan H 3,790]

Similar topics merged.

[Caryh 5,206]

Unless you get a work visa, most nonimmigrant visas will not allow you to work in the USA. You can't move here with the intent to file the CR-1/IR-1 visa. You could visit here, during the process, but it will be completed in Canada, where you'll need to maintain your residence. If border control believes you're entering the country in an attempt to live here without a proper visa to do so, they will deny you entry.

[sirius 32]

Since you are already married, the only way you and your spouse can live together (permanently and legally) in the US is if she petitions for a IR/CR visa for you. Its taking about 10-12 months these days. It is not required for her to be living in the US while the immigration process is going on. You can continue living in Canada together until your visa is approved and then you can move to the US together. The caveat here is that your wife will have to take concrete steps to show that she is re-establishing domicile in the US at the time of your interview.

Your situation is quite common, which is why Montreal consulate puts a strong emphasis on US citizens living in Canada with their spouses to establish US domicile prior to issuing visa, read this thread for more info: http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Edited April 24, 2014 by sirius

[NikLR 13,220]

If your wife is planning on attending school in the USA, it's a good idea for her to move to the state she plans to attend school at. This way she can start the process to qualify for in-state tuition (which is significantly cheaper than out of state) and help with the domicile issues. You can visit of course but you may be asked to provide proof of your ties to Canada.