Question about Student Visa and DCF

[DeadPoolX 9]

I'm just full of questions, aren't I?

Okay, here's the situation: I'm a USC (living in the U.S.) and I've been thinking about doing some graduate work up in Canada. My fiancee, who is a Canadian citizen, would like me to do this since then we could be together for a longer period of time before filing for whatever visa we'd need to get to the United States.

My question is...if I were on a student visa (which is probably something I'd need if I were going to attend a university in Canada), and I was there for two years or so (depending on which graduate degree I did--I could just do a Masters there and then do a Doctorate in the U.S.), would that qualify my fiancee and me to apply for Direct Consular Filing?

I've read the notice at the top of this forum about DCF in Canada, but it doesn't say anything about someone being resident in Canada on a student visa. That's the real issue. I won't be a landed immigrant or anything.

If we couldn't file for DCF, could we still apply for the IR1/CR1? Remember, I'd have been living outside the U.S. for the last two years (or so), and if that makes a difference in my ability to apply for the IR1/CR1, then it'd be good to know.

Answers would be greatly appreciated. Thanks ahead of time!

Edited October 7, 2006 by DeadPoolX

[zauberblume 0]

DeadPool,

Your best bet would be to call and ask the Consulate. There, you'd be able to get a definite answer.

That said, I had a student visa when I lived in Germany. My visa was valid for two years. In Germany, a student visa is considered a valid residence permit. Therefore, I was able to file the petition for my husband at the Frankfurt Consulate. The process, from sending in the petition to finally receiving the visa, took a little less than three months.

You have to be married in order to file DCF. If you decided not to file for DCF, you could still file the IR-1/CR-1.

--Z

I'm just full of questions, aren't I?

Okay, here's the situation: I'm a USC (living in the U.S.) and I've been thinking about doing some graduate work up in Canada. My fiancee, who is a Canadian citizen, would like me to do this since then we could be together for a longer period of time before filing for whatever visa we'd need to get to the United States.

My question is...if I were on a student visa (which is probably something I'd need if I were going to attend a university in Canada), and I was there for two years or so (depending on which graduate degree I did--I could just do a Masters there and then do a Doctorate in the U.S.), would that qualify my fiancee and me to apply for Direct Consular Filing?

I've read the notice at the top of this forum about DCF in Canada, but it doesn't say anything about someone being resident in Canada on a student visa. That's the real issue. I won't be a landed immigrant or anything.

If we couldn't file for DCF, could we still apply for the IR1/CR1? Remember, I'd have been living outside the U.S. for the last two years (or so), and if that makes a difference in my ability to apply for the IR1/CR1, then it'd be good to know.

Answers would be greatly appreciated. Thanks ahead of time!

[DeadPoolX 9]

Okay, so I need to be married in order to file for a DCF? Can I get married on a student visa in Canada? Will doing so void my student visa?

Edited October 8, 2006 by DeadPoolX

[meauxna 15]

If we couldn't file for DCF, could we still apply for the IR1/CR1? Remember, I'd have been living outside the U.S. for the last two years (or so), and if that makes a difference in my ability to apply for the IR1/CR1, then it'd be good to know.

I agree with z, you need to ask the staff at the Consulate about whether or not the student status will count (I think it 'should')--read the official page a few times to make sure you haven't missed a detail (link in the pinned Canada post).

If they tell you that you would not qualify, you can still file I-130 to the US. Since you will be living in Canada, you will not be on the same time cruch that separated couples face and however long it takes to process will not be a problem; you will be able to control your filing time since the student status will have a finite end.

As ever for a USC living ouitside the US, the finances will be your biggest obsticle to returning; make sure you have a plan for facing the I-864 and plan ahead for maintaining your "domicile" (see the DCF Guide).