need info!

[canadabunny 0]

I'm not sure if i can get any info/answers on this board because i am inquiring about a student visa as well as fiancee. I am canadian and have been spending alot of time in the us, in 2005 i went through us customs about 6-7 times. (about half the trips to Vegas,the other to Chicago). I was always travelling alone to meet up with my boyfriend,who is american. Needless to say i had a hard time with customs every time. I was honest about what i was doing,just visiting my boyfriend and also looking into colleges in Chicago.In july 05 i came to Chicago and stayed until the end of october, went to australia for a few weeks and so was out of the US for exactly a month before i came back to Chicago again,on Nov 20th 05. It's now Feb,and i legally have until May 20th to go back to canada.( i can be here for 6 months without a visa).I am not working,just living off savings and staying with my boyfriend. I am really worried about leaving in May and trying to get back in again,even if there is no law against me being for 6 months,leaving, and coming back again a week later. I know this sounds like i am technically *living* here, and i guess in a way i am. But i don't plan on overstaying and becoming an illegal immigrant. I'm looking into college but it is extremely expensive for an international student and being that my career goals are to teach music, i can study at alot of different, cheaper schools but they don't offer a student visa. So i have been looking into a fiance visa and my main concern is having to leave the country while it is processed. I don't want to be away from Chicago, or my boyfriend for more than a week if i can help it. I have heard that it can take up to 6 months for everything to be processed and that i can't be here in the US during that time. Is this true? Are there any canadians out there who have been through this and can tell me about their experience? My other question is that if i were to obtain a student visa (which i'm pretty sure i can do while in the US), and then decide to get married, can i stay in the US while the fiance visa is in process,and then just have my status changed from student to fiancee? Again, my two options are a student visa and fiancee visa, but my goal is to do whatever i can to not have to leave the country for any length of time.Regardless what i apply for, i do plan to go back to Canada before my 6 months is up, but i want to come back right away,within a week.I know that customs already doesn't like me,even though i haven't done anything wrong, and i am worried that they won't let me through next time. Because i wouldn't be starting school until Sept,i wouldn't get the student visa until possibly june/july. Is it ok for me to tell customs,(if i go this route) in May when i come back that i have applied for a student visa and would like to spend my time up until i obtain it in the us, legally as a canadian? I hope i am making sense..i have done so much reading on a variety of websites and after a while it just consumes me and confuses me. I do plan to talk to an immigration attorney very soon but thought i'd post this to see if anyone has any advice,or experiences to share with me.

So, to sum up my situation: I have spent about 7 out of the last 8 months in the US, legally.I can apply for a student visa,fiance visa,or both. I just need to know what i can do to keep from having to go back to Canada and wait for things to be finalized to come back.Is there ANYTHING i can do to stay here as much as possible and yet remain legal,of course. Technically i could be here 6 months,go back for a week then stay another 6 months. BUT,would customs allow it? Probably not! I'm very stressed out, i love Chicago, my boyfriend, and want to continue my life here. Any thoughts on my situation would be greatly appreciated. Sorry this is so long!

Thanks,

J

[canadabunny 0]

I'm also wondering what type of visa i would apply for, K1,K2,etc...and as a canadian can i apply for DCF?

[meauxna 15]

Canadians (or any other non-USC nationality) can not apply for DCF.

Why don't you just get married and stay; there is no way you're going to be able to continue to live in the US (yes, you are) and only leave for 'no more than a week'

<sigh>

Go meet with the lawyer. Expect the whole thing to cost money. Like it or not, you are from a foreign country & being neighbors doesn't buy you an easier way around it.

[canadabunny 0]

Canadians (or any other non-USC nationality) can not apply for DCF.

Why don't you just get married and stay; there is no way you're going to be able to continue to live in the US (yes, you are) and only leave for 'no more than a week'

<sigh>

Go meet with the lawyer. Expect the whole thing to cost money. Like it or not, you are from a foreign country & being neighbors doesn't buy you an easier way around it.

First off, i do already expect the whole process to cost money,regardless what option i choose- from filing fees,to attorney fees,to the THOUSANDS i'd be spending on school for a student visa. Thanks for reminding me that i am from a foreign country, i haven't been stressed out at all over all this and oops, I forgot all about that. I came here asking for help; I am looking for legitimate information for a legitimate situation. You said " Why don't you just get married and stay, " - Perhaps i'm retarded or just uninformed (which is why i am here in the first place) or maybe that was just sarcasm, but if i could just "get married and stay here" i think all my problems would then be solved. I haven't read anywhere that i can do that. I am aware that all immigration situations are stressful, complex,and time consuming. I think in particular, immigration through marriage is one of the,if not the most,stressful and complex. Regardless,that i not my issue. I am prepared for that. All I wanted to know, is there is any way I could remain in the states after A) getting married and then applying,or applying to marry or B) apply for a student visa and stay here until schooling starts and C) if I were to be here on a student visa if i could at some point marry and change my status and visa while remaining in the US, studying etc on the student visa .....maybe i'm not laying it out in an understandable fashion, I don't know. I'm not interested in being criticized for my situation, as I am under the impression that this website is centered around helping poeple in perhaps not my EXACT situation,obviously, but those who are looking to be with someone they love, in a country not their own. Maybe someone could guide me to a more appropriate section or website, as my situation does possibly involve a student visa which is irrelevant to this website. While we all would like things to be "easy" and i'm sure most if not all poeple on this board etc who have gone through this immigration process would agree to that as well, I'm not looking for some simple and "easy" way to just live in the US. I'm not looking to cheat the system. I'm just a 22 year old woman with specific desires and goals that can't be reached where i'm from, and also not wanting anything to interfere with the growing relationship between myself and the man i am in love with-which to me, is any length of time apart that would cause emotional upset. Again, i'm only inquiring about what is possible,if anything.

Edited February 7, 2006 by canadabunny

[meauxna 15]

Take a breath!

You are in the United States. Reread my reply and go meet with an immigration attorney.

I've already offered you an option that seems to meet your stated goals.

[Flames9_RN 358]

You do have options. not sure on how to take ur statement

"and also not wanting anything to interfere with the growing relationship between myself and the man i am in love with-which to me, is any length of time apart that would cause emotional upset."

Many do have to keep apart, and most likely if one can't spend time apart its not a strong relationship. Many have no options other than stay apart while the process, so they fully understand how hard it is to be apart. But as I said, you do have options. One can get married in the USA and stay IF you had NO intent of doing so when you entered the USA. Its up to you to prove that if they do ask for evidence. It is called adjust of status. While the process is ongoing, your travel while be restricted, you can't just get up and leave the USA, unless you get advance parole.

Other options:

1) get married while in USA, go back to Canada and apply for k3 and/or cr-1

2) go back to canada apply for fiance visa k1

3) as previously stated, stay in USA, get married and attempt to AOS

4) Not sure about the school visa

Best of luck.

You do have options. not sure on how to take ur statement:

"and also not wanting anything to interfere with the growing relationship between myself and the man i am in love with-which to me, is any length of time apart that would cause emotional upset."

Many do have to keep apart, and most likely if one can't spend time apart its not a strong relationship. Many have no options other than stay apart while the process, so they fully understand how hard it is to be apart. But as I said, you do have options. One can get married in the USA and stay IF you had NO intent of doing so when you entered the USA. Its up to you to prove that if they do ask for evidence. It is called adjust of status. While the process is ongoing, your travel while be restricted, you can't just get up and leave the USA, unless you get advance parole.

Other options:

1) get married while in USA, go back to Canada and apply for k3 and/or cr-1

2) go back to canada apply for fiance visa k1

3) as previously stated, stay in USA, get married and attempt to AOS

4) Not sure about the school visa

Best of luck.

You do have options. not sure on how to take ur statement:

"and also not wanting anything to interfere with the growing relationship between myself and the man i am in love with-which to me, is any length of time apart that would cause emotional upset."

Many do have to keep apart, and most likely if one can't spend time apart its not a strong relationship. Many have no options other than stay apart while the process, so they fully understand how hard it is to be apart. But as I said, you do have options. One can get married in the USA and stay IF you had NO intent of doing so when you entered the USA. Its up to you to prove that if they do ask for evidence. It is called adjust of status. While the process is ongoing, your travel while be restricted, you can't just get up and leave the USA, unless you get advance parole.

Other options:

1) get married while in USA, go back to Canada and apply for k3 and/or cr-1

2) go back to canada apply for fiance visa k1

3) as previously stated, stay in USA, get married and attempt to AOS

4) Not sure about the school visa

Best of luck.

[canadabunny 0]

Thanks for that info.. i wasn't trying to imply that spending time apart would be a breaking point for the relationship...just that i'd hate to have to be away. I had no idea i could marry here and stay while i adjust my status. I thought perhaps that was possibly but only if i were to be here already on another visa..since i'm from Canada i don't need a visa to visit here...thought it might be different because of that.

And yeah, i'm guessing my posts are rather strong winded and all, i think that i will just self conclude that i need to just sit down and talk to an attorney and get all the facts and answers..because after reading so many different things on so many different sites,i don't know what to think anymore!

[Flames9_RN 358]

Again when it comes to lawyers ensure you do your research, lot of crappy lawyers that will promise you the world. We had a free consult with a lawer in DC and she was pretty sketchy. Take your time and get the proper information and do whats best for you. Cheers

[ChristinaM 0]

My concern with canadabunny marrying and adjusting status is that with the entry pattern she has it would be difficult for her to prove non-immigrant intent at the time of entry. Which could present a major issue.

Does it cost a college to apply for the necessary paperwork for an F1? Maybe offering to cover the colleges costs (if it's practical, or even needed) would allow a school that doesn't seem to deal with student visas to accept you.

Essentially, the fact that you have spent more time in the US than Canada mean that you are misusing your "visitor" privileges. That's one reason they're giving you such a hard time getting through the POE. I wouldn't bank on being able to get back in a week after you leave again - personally, I think you've been extremely lucky to get this far. I would recommend that your other half visits you in Canada next time, because it would save you a trip to the border only to be denied; which is a very likely occurence.

In answer to your question, if you were to be here on an F1, yes you would be able to marry and adjust. However, it's not a way to circumvent the fiance (K1) visa - you have to honour the terms of the student visa, which means studying a certain amount of credit hours etc.

Have consultations with many lawyers. If they all tell you to stay and adjust, then say "thank you very much". You very likely will not need the services of one to file the paperwork - whichever route you choose.

Finally, good luck with whatever you decide to do! I adjusted from visitor status (which I also didn't know I could do at the time of entry) and although there are aspects to it which are stressful, there is the advantage that you don't have to leave your loved one.

Christina

[Fischkoepfin 1]

Your information concerning the unavailability of student visas at some school is not quite correct. About 99 % of American universities can issue the necessary paperwork for student visas. The visa is issued by the consulate not the university. So, contact the schools you could afford and ask them how to get in touch with their International Student Office. If you can;t find one in CHicago, look around the city; there are schools of music at most close-by universities.

However, since you are engaged to an American or will be soon, you'll have a hard time convincing a consular officer (CO) that you don't have immigration intent. It is always worth a try though, especially if you don't plan to marry any time soon and if you're not engaged yet. The financial requirements for a student visa are pretty hefty (tuition + estimated cost of living).

As Meauxna suggested, your best choice is probably to get married before leaving the US and staying to adjust status. While adjusting you can enroll in schools without a student visa. Consulting with an attorney could be a good idea just to make sure that you have a chance of getting the AOS-approval by USCIS. There are several people on VJ who got married on a visitor-visa and who are in the process of adjstument or have adjusted already. If you search the AOS-forum you'll find some examples.

Good luck!