Canadian soon to be student in the USA - Oct 2010

[canuckmoran 7]

Hello all,

I have been advised by some of the posters at Canuckabroad.com to visit this site in hopes of getting some answers to my questions.

In October 2010 I will be going to Loyola University of Chicago for a one year post-bacculerate program with OPT at the conclusion of my program. Since I am a Canadian the process is simplified. However, my question is while I am in school or during my OPT IF my girlfriend, who is an American citizen, decide to get married how do we proceed? Since I would be either finishing school or working what are my options?

Any advise would be appreciated.

Thanks,

RM

[FortLaudy 10]

Hello all,

I have been advised by some of the posters at Canuckabroad.com to visit this site in hopes of getting some answers to my questions.

In October 2010 I will be going to Loyola University of Chicago for a one year post-bacculerate program with OPT at the conclusion of my program. Since I am a Canadian the process is simplified. However, my question is while I am in school or during my OPT IF my girlfriend, who is an American citizen, decide to get married how do we proceed? Since I would be either finishing school or working what are my options?

Any advise would be appreciated.

Thanks,

RM

You'll be applying for an F1 visa? If you get married on an F1 visa you can adjust status (AOS) and get a conditional GC... however entering on an F1 visa knowing that you'll get married shortly after arriving can be seen as commiting visa fraud. Since October 2010 is still a long way away you two have time to decide whether you want to get married before or after you enter.

[canuckmoran 7]

You'll be applying for an F1 visa? If you get married on an F1 visa you can adjust status (AOS) and get a conditional GC... however entering on an F1 visa knowing that you'll get married shortly after arriving can be seen as commiting visa fraud. Since October 2010 is still a long way away you two have time to decide whether you want to get married before or after you enter.

Thanks for replying. I will be applying for a F1, but Canadians aren't subjected to the usual F1 requirements like many other nationals. We usually just have to have an I-20 and the proof to pay for school. We wouldn't be marrying shortly after I arrive I would want to finish school first and work before anything is finalized i.e. marriage.

[Bobby+Umit 161]

Go to school with the visa... From what you posted - it sounds like you will be going to school regardless if you get married or not.

If you choose to get married later, you can, check the guides above....

Nutshell - get married, AOS... (while in the US with the student visa)

[canuckmoran 7]

Go to school with the visa... From what you posted - it sounds like you will be going to school regardless if you get married or not.

If you choose to get married later, you can, check the guides above....

Nutshell - get married, AOS... (while in the US with the student visa)

Hello,

Thank you for replying to my posting. Now I feel like I am getting somewhere. Are there any consequences to my student visa with an AOS? For instance will I still be able to work during my Optical Training Program which occurs after I graduate?

[FortLaudy 10]

Hello,

Thank you for replying to my posting. Now I feel like I am getting somewhere. Are there any consequences to my student visa with an AOS? For instance will I still be able to work during my Optical Training Program which occurs after I graduate?

Whatever status you're on: F1 or F1 with OPT - you keep this status until you've gone throught the adjustment of status process.

For example.. I'm on F1 right now, we got married in September and we've filed all the AOS paperwork and we'll go for the interview end of this month... this does not affect my F1 status at all, I'm still "in status" with the school as long as I follow their guidelines on what it means to be "in status" and there's no change to that until I have either an AOS denial or GC in hand.

You would come here on F1 visa - with no intention to marry immediately

After you got married you must prepare the AOS package:

1. I-130 Petition for Alien Relative - to be completed by your USC spouse

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

2. I-485 Application to Adjust Status

http://www.uscis.gov/files/form/i-485.pdf Form

http://www.uscis.gov/files/form/I-485instr.pdf Instructions

3. G-325A Biographic Information

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

4. Advanced Parole I-131 is optional

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

Application for Employment Authorization is optional

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Collect evidence of Bona Fide Marriage:

Joint bank accounts, joint tax returns, joint ownership of property, cars. Joint leases. Joint insurance. Named as beneficiaries on life insurance and medical insurance. Joint credit cards. Any other joining of financial interests (the theory is that if one is willing to risk your property and money the relationship is more likely valid) Government documents showing common address, drivers lisence, etc. Photos are good, kind of expected, but NOT primary evidence.

I copied and pasted a little from a previous post, but hope you get the idea about the type of paperwork that goes into the AOS package.

[canuckmoran 7]

Whatever status you're on: F1 or F1 with OPT - you keep this status until you've gone throught the adjustment of status process.

For example.. I'm on F1 right now, we got married in September and we've filed all the AOS paperwork and we'll go for the interview end of this month... this does not affect my F1 status at all, I'm still "in status" with the school as long as I follow their guidelines on what it means to be "in status" and there's no change to that until I have either an AOS denial or GC in hand.

You would come here on F1 visa - with no intention to marry immediately

After you got married you must prepare the AOS package:

1. I-130 Petition for Alien Relative - to be completed by your USC spouse

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

2. I-485 Application to Adjust Status

http://www.uscis.gov/files/form/i-485.pdf Form

http://www.uscis.gov/files/form/I-485instr.pdf Instructions

3. G-325A Biographic Information

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

4. Advanced Parole I-131 is optional

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

Application for Employment Authorization is optional

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Collect evidence of Bona Fide Marriage:

Joint bank accounts, joint tax returns, joint ownership of property, cars. Joint leases. Joint insurance. Named as beneficiaries on life insurance and medical insurance. Joint credit cards. Any other joining of financial interests (the theory is that if one is willing to risk your property and money the relationship is more likely valid) Government documents showing common address, drivers lisence, etc. Photos are good, kind of expected, but NOT primary evidence.

I copied and pasted a little from a previous post, but hope you get the idea about the type of paperwork that goes into the AOS package.

Thanks again. So does make the K-1 irrelevant? I presume it would because I am already in the states on a student visa. If I am wrong please correct me.

[FortLaudy 10]

Thanks again. So does make the K-1 irrelevant? I presume it would because I am already in the states on a student visa. If I am wrong please correct me.

"In October 2010 I will be going to Loyola University of Chicago for a one year post-bacculerate program with OPT at the conclusion of my program"

Have you applied for the F1 visa yet?

[FortLaudy 10]

If you're in the USA on an F1 visa and you then get married, you do the AOS process... as you then become a "foreign spouse of USC" who happens to be here on an F1 visa... no need for K1 visa, you're already on a visa and already in the USA, you would just be adjusting your status from foreign student to conditional resident through AOS.

[canuckmoran 7]

"In October 2010 I will be going to Loyola University of Chicago for a one year post-bacculerate program with OPT at the conclusion of my program"

Have you applied for the F1 visa yet?

I will be shortly. just waiting for some final paperwork from my undergraduate university.

[FortLaudy 10]

I will be shortly. just waiting for some final paperwork from my undergraduate university.

Oh ok... I think you're going about things the right way, and also being smart... coming over here and getting to know your girlfriend well before even deciding to get married is smart, your intentions seem to be to go to school and not to get married immediately upon arrival or shortly after so you have nothing to worry about when it comes to the "intent" issue... I have just read on here about a guy from the UK who got denied a F1 visa because he told the embassy officials that he had a girlfriend here that he was going to live with - obviously immigrant intent and he got denied... so be careful.. even though your intentions are to go to school and you're just enquiring about the "ifs" in future be careful how you word it at your F1 interview...

[canuckmoran 7]

Oh ok... I think you're going about things the right way, and also being smart... coming over here and getting to know your girlfriend well before even deciding to get married is smart, your intentions seem to be to go to school and not to get married immediately upon arrival or shortly after so you have nothing to worry about when it comes to the "intent" issue... I have just read on here about a guy from the UK who got denied a F1 visa because he told the embassy officials that he had a girlfriend here that he was going to live with - obviously immigrant intent and he got denied... so be careful.. even though your intentions are to go to school and you're just enquiring about the "ifs" in future be careful how you word it at your F1 interview...

Thanks for all your replies. Fortunately, Canadian citizens do not have to go through the interview process for a F1. We basically have to should an I-20 and the proof to pay and boom were in.

[FortLaudy 10]

Hey, I learned something new today, didn't realize the F1 visa issuance was different for Canadians, that makes things way easier for you!

IF YOU DO NOT REQUIRE A VISA TO ENTER THE U.S (Canadian citizens): Please present the I-20 form along with your passport to the Immigration Officer at the port of entry when you arrive in the U.S. You should also be prepared to present the documentation of your financial support and payment of the SEVIS fee if requested by the officer.

ENTERING THE U.S. AND IMMIGRATION INSPECTION:

When you arrive in the U.S. you will go through a process called immigration inspection. This will occur at the airport or border crossing – if traveling by land from Canada or Mexico. You will be required to present your passport, F-1 visa stamp (if applicable), I-20 form and financial documentation. The immigration officer will inspect your documents and make a determination whether to admit you into the U.S. in F-1 student status.

I would still be careful not to mention anything about the girlfriend in the USA at this point, just to be safe.

[Kathryn41 3,205]

Shani682:

I would still be careful not to mention anything about the girlfriend in the USA at this point, just to be safe.

I would add that you don't need to volunteer the information since your primary intent is to go to school, however, if you are asked directly about having a girlfriend you need to 'fess up and admit it. Lying to immigration about something like this could come back to haunt you later in the form of a 'misrepresentation' charge, something you definitely don't want. As well, the situation becomes more complicated if you become engaged before you get the visa. That situation could have an impact on the visa issuance so you would be advised to let them know of the engagement otherwise you could risk a charge of hiding a material fact that could have influenced the decision on granting the visa or not. Again, if you are asked, in that case you have a fiance and not a girlfriend. You have to be accurate and tell the truth whenever you cross the border to ensure your best chance at being allowed to continue to cross the border.

Also, I've removed your duplicate post so all of your answers will be in one place .

Edited January 5, 2010 by Kathryn41