F1 (married to American) to Green Card

[billycanuck 0]

Hi All,

Love this website! I have been reading up on this topic a bit, but my wife and I are undecided on how we should do this. First background:

- We met while doing our undergrad at a college in the US, (I was on a F1), October 2007

- She graduated in 2008 and got job near our college while I finished my degree in 2009

- Moved to Turkey for six months to play hockey (October 2009 - April 2010)

- Got engaged in Barcelona March 2010

- I moved back to Canada to work (April - July 2010)

- She moved to Canada to get her master's degree (she is has Canadian Student Visa)August 2010 - present

- Married in Canada, December 2010

Now I have applied to two US colleges for my master's degree, but we are thinking we might stay in the USA after my degree is completed (to be closer to her family).

So my question to everyone on here is: should I apply for my US green card while I am still here in Canada, or should I just get my F1 and adjust status upon graduation?

The problem is this though, if I do apply for my green card and I do not get it by the first week of September 2011, I will not be able to start my graduate program because I cannot enter the US while my green card application is being processed (correct?).

Time is running out and we are trying to decide what we should do! Any advice is good advice.

Thanks!

[Harpa Timsah 13,258]

You aren't sure where you are going to live later, so I would just follow the F-1 visa path and see what you want to do at a later date. Good luck.

[Harsh_77 716]

Hmmm... even getting a F1 would be difficult. You will have to disclose you are married to USC - which normally means you have full intent to immigrate.

Chances are CO would think you are circumventing the system with F1 or any other non-immigrant visa.

If you have to start in Sep, as per me you are cutting too close, some ppl can get their done in 6-7 month.

[Harpa Timsah 13,258]

Hmmm... even getting a F1 would be difficult. You will have to disclose you are married to USC - which normally means you have full intent to immigrate.

Chances are CO would think you are circumventing the system with F1 or any other non-immigrant visa.

If you have to start in Sep, as per me you are cutting too close, some ppl can get their done in 6-7 month.

I disagree with the statement that being married to a USC "normally means you have full intent to immigrate." The OP doesn't necessarily want to live here, he wants to go to school here. Yes, he will disclose his relationship. Canada is not a high-fraud country and is our best friend and neighbor. Canadians are treated differently than people from third world countries and it is not always presumed that spouses of americans want to immigrate here.

[billycanuck 0]

I disagree with the statement that being married to a USC "normally means you have full intent to immigrate." The OP doesn't necessarily want to live here, he wants to go to school here. Yes, he will disclose his relationship. Canada is not a high-fraud country and is our best friend and neighbor. Canadians are treated differently than people from third world countries and it is not always presumed that spouses of americans want to immigrate here.

That's what we are hoping for, but could it be too much of a gamble? Should we go for the CR1 and put grad school on hold?

[Harpa Timsah 13,258]

I don't know what the outcome will be, but it will not harm you to try for the F-1. I have no statistics on who is approved, but I just hesitate to make blanket statements about who will be approved or denied.

You shouldn't consider CR-1 unless you really want to live here. A Greencard holder has to maintain residence (by actually living here) in the US in order to keep their status.

Edited February 8, 2011 by Harpa Timsah

[billycanuck 0]

I don't know what the outcome will be, but it will not harm you to try for the F-1. I have no statistics on who is approved, but I just hesitate to make blanket statements about who will be approved or denied.

You shouldn't consider CR-1 unless you really want to live here. A Greencard holder has to maintain residence (by actually living here) in the US in order to keep their status.

Well, my wife and have decided to just go ahead with the CR1 application and hope that we get it before my school starts. If not, well, I can start next semester! I was wondering we qualify for a DCF filing with her being on a student visa that is valid for 2 years? She has been in Canada for 6 months now.

[JimVaPhuong 4,863]

Well, my wife and have decided to just go ahead with the CR1 application and hope that we get it before my school starts. If not, well, I can start next semester! I was wondering we qualify for a DCF filing with her being on a student visa that is valid for 2 years? She has been in Canada for 6 months now.

Yes, she should be able to file DCF. The VJ Wiki says that a visa that allows you to stay at least six months in Canada is usually sufficient for the residency requirement. There are consulate instructions for DCF here:

http://www.consular.canada.usembassy.gov/immigration_usa_relative.asp

Make sure you look into the domicile requirements for the I-864 affidavit of support. A lot of people who file DCF are bitten when they find out that the sponsor must be domiciled in the US.

[billycanuck 0]

Yes, she should be able to file DCF. The VJ Wiki says that a visa that allows you to stay at least six months in Canada is usually sufficient for the residency requirement. There are consulate instructions for DCF here:

http://www.consular.canada.usembassy.gov/immigration_usa_relative.asp

Make sure you look into the domicile requirements for the I-864 affidavit of support. A lot of people who file DCF are bitten when they find out that the sponsor must be domiciled in the US.

Thanks! My wife's aunt is going to be our joint sponsor, she lives in the Massachusetts and will put us up in her house until we get established. Her salary is just a little above the required 125% above poverty line. Is that going to be a good enough sponsor for us?

Edited February 9, 2011 by billycanuck

[Harpa Timsah 13,258]

Oh, so you do want to live here lol. Then DCF sounds perfect. Your wife will be the main sponsor, and while your aunt should qualify as a co-sponsor, your wife will still have to prove domicile. Here is a link to the Canada forum http://www.visajourney.com/forums/forum/93-canada/ There there is a pinned thread about proving domicile, and lots of Canada-specific help. Good luck!

[billycanuck 0]

Oh, so you do want to live here lol. Then DCF sounds perfect. Your wife will be the main sponsor, and while your aunt should qualify as a co-sponsor, your wife will still have to prove domicile. Here is a link to the Canada forum http://www.visajourney.com/forums/forum/93-canada/ There there is a pinned thread about proving domicile, and lots of Canada-specific help. Good luck!

I honestly cannot thank you enough for your help. My wife convinced me that we will end up in the USA eventually (even though I will miss my free health care ) so why not just go for it now.

I think proving domicile should be ok, she still has her car registered in the USA, as well as both her bank accounts, and I actually have an American cell phone from when I was in college and my contract still has 1 year left on it. And since I am applying to graduate school, that proves that I plan on staying in the US and securing a job right after I graduate.

This website is amazing! Thanks again.