What are my options?

[TMLfan 0]

Hi Everyone,

I'm new to all this. A friend of mine recommended this site to be me, and I must say it's fantastic. I have been stressed and overwhelmed with the entire process and was cosidering hiring an immigration lawyer. However, after reading through the forums, guides, etc., I'm thinking that I really don't need to hire one. I met my boyfriend in October online (he lives in New York), and we want to marry one day. I've been to New York several times to see him, and he will be coming to Toronto for the first time in August. Our case is pretty straight forward, we both love each other and just want be together. He's doing his masters right now (future foreign teacher), and he wants to complete that first, another 1.5 years. He does work full-time, and does his studies at night. The question I wanted to ask was if I considered going to school in New York to complete my degree, would I need to return to Canada after I graduate, (I've read you need to return within 30 days of graduating) or could I stay in New York while the K1 is being processed? I'm trying to see what options I have for us to be together until we actually decide to get married. I figured attending school would be a good choice, at least this way I would be earning a degree (I have a 3-year diploma in Administration-Accounting), and would be with my boyfriend. I currently work in finance and assist the Controller. Any advice would be appreciated. Thanks. =)

[ding 1]

I just wanted to say 'welcome' and not let your post go unnoticed. I've read some posts about student/spouse situations butdon't have that situation myself. Sometimes a couple of searches helps me get some traction. But not always!

Good luck!

[Urge To Race 2]

Hi Everyone,

I'm new to all this. A friend of mine recommended this site to be me, and I must say it's fantastic. I have been stressed and overwhelmed with the entire process and was cosidering hiring an immigration lawyer. However, after reading through the forums, guides, etc., I'm thinking that I really don't need to hire one. I met my boyfriend in October online (he lives in New York), and we want to marry one day. I've been to New York several times to see him, and he will be coming to Toronto for the first time in August. Our case is pretty straight forward, we both love each other and just want be together. He's doing his masters right now (future foreign teacher), and he wants to complete that first, another 1.5 years. He does work full-time, and does his studies at night. The question I wanted to ask was if I considered going to school in New York to complete my degree, would I need to return to Canada after I graduate, (I've read you need to return within 30 days of graduating) or could I stay in New York while the K1 is being processed? I'm trying to see what options I have for us to be together until we actually decide to get married. I figured attending school would be a good choice, at least this way I would be earning a degree (I have a 3-year diploma in Administration-Accounting), and would be with my boyfriend. I currently work in finance and assist the Controller. Any advice would be appreciated. Thanks. =)

When you say you want to marry "one day," does that mean you are already engaged and have a timeframe in mind? Or is getting engaged something may or may not happen?

If you are engaged, when were you planning on getting married? And how long would it take you to complete your degree in NYC? How hard would it be for you to get a student visa?

If you are already engaged, you cannot come to the US on a student visa planning to marry, then get married and file AOS. That would be visa fraud.

If you can get a student visa easily, you could get it, and come to NYC as a student to be with your boyfriend. You could marry in your hometown or NYC, but don't file for AOS (again that would be visa fraud). Your then husband could file the I130 petition so you can go for a CR-1. Then you would return to Canada for your interview and to handle all consular stuffs. Look at CR-1 timelines on VJ, especially filtered for Montreal (getting an interview is a bear apparently). You might get the immigrant visa before you complete your studies. If it will take longer to get the CR-1 before you will complete your studies, you would have to return home. But you could come back to visit on the visa waiver program (with appropriate proof of your ties to Canada like proof of you job, real estate owned, etc.) for 180 days I think. Don't overstay, and don't try to adjust status, go back to Montreal for you CR-1 interview.

[TMLfan 0]

We're not actually engaged, but we talk about our future, and we want to get married. It's just my boyfriend wants to finish his studies first.

Thanks for the information you provided.