Student from Canada- US Partner

[canadiangirl145 3]

Hi there! 

I'm not really sure how to word this properly, or to seek the proper information so I was redirected here for assistance. 

 

I am a Canadian citizen & my partner is an American citizen. I have been accepted to a Bachelor's Degree program, it is my understanding that Canadian citizens do not *technically* need to get a visa to be a student, however, when you enter to attend school under an I-20 that you fall under F-1 status and follow F-1 status rules. 

 

Here is my question - if my partner and I were to get married, and I was to enter the USA under my F-1 Visa to complete my bachelor's program, BUT, I do NOT have the intent to stay in the U.S. longer than my program and will return to Canada to work and live after my first year- and we do NOT intend to start the CR-1 process until after I am done my educational program. Would that be allowed?

 

I have heard mixed things. We spoke to an immigration attorney, who advised that we could get married and I could apply for an AOS under my F-1, however, this is not the route we would like to go as I do not have intent to live in America right off the get-go and do not want to risk messing up this process. 

 

Thank you for any advice you may be able to give. 

[Dashinka 24,508]

If you do not plan to enter the US with the intent to stay and adjust status, it should not be an issue.  There may or may not be extra scrutiny upon your entries, so make sure you have all the relevant documents to show you are still planning on returning to Canada even if you have a US based spouse.

 

Good Luck!

[Just Paul 4,595]

9 minutes ago, canadiangirl145 said:

Here is my question - if my partner and I were to get married, and I was to enter the USA under my F-1 Visa to complete my bachelor's program, BUT, I do NOT have the intent to stay in the U.S. longer than my program and will return to Canada to work and live after my first year- and we do NOT intend to start the CR-1 process until after I am done my educational program. Would that be allowed?

No problem.  You can remain a student under F1.  There is no immigration need to adjust.   It can affect benefits, like insurance, and taxes tho. 

If you are starting a bachelors program, 4 years, that is enough time to AOS, ROC and file for citizenship which may be of benefit to you.

 

Of course entering the US under F1 with the intent to AOS is fraud. So the above only works if you re already in the US.

Edited November 16, 2021 by Paul & Mary

[canadiangirl145 3]

2 hours ago, Paul & Mary said:

No problem.  You can remain a student under F1.  There is no immigration need to adjust.   It can affect benefits, like insurance, and taxes tho. 

If you are starting a bachelors program, 4 years, that is enough time to AOS, ROC and file for citizenship which may be of benefit to you.

 

Of course entering the US under F1 with the intent to AOS is fraud. So the above only works if you re already in the US.

Hi there! So even if we are married, I will still be able to start my bachelors program, no issues? I have full intention on returning to Canada after my first year in order to live and save for my second year of my program. No intent to AOS for quite some time. 

2 hours ago, Dashinka said:

If you do not plan to enter the US with the intent to stay and adjust status, it should not be an issue.  There may or may not be extra scrutiny upon your entries, so make sure you have all the relevant documents to show you are still planning on returning to Canada even if you have a US based spouse.

 

Good Luck!

Thank you! So even if we are married, I’ll still be able to start my bachelor’s program? I have no intent to adjust and stay. I plan to return home

to Canada after my first year to work to save for my second year. 

[Coco8 1,042]

Yes, you'd be able to start the bachelor's program.

 

However, what's the need for getting married if you plan to come and go? I think it could make your border crossing more tedious and stressful. I'm just looking it at from a practical point of view.

 

Also, doing 1 year and then going back to work to save up for year two is not something people tend to do. It's kind of convoluted story when you add it to being married (and possibly living) with US husband.

Edited November 17, 2021 by Coco8

[Redro 4,611]

4 hours ago, canadiangirl145 said:

Hi there! So even if we are married, I will still be able to start my bachelors program, no issues? I have full intention on returning to Canada after my first year in order to live and save for my second year of my program. No intent to AOS for quite some time. 

Thank you! So even if we are married, I’ll still be able to start my bachelor’s program? I have no intent to adjust and stay. I plan to return home

to Canada after my first year to work to save for my second year. 

When you say "I plan to return home to Canada after my first year to work and save for my second year" would you be saving and working for a full year or just between semesters? You should check the rules of your program to research how long you can take a leave of absence from your school before you fall out of status. You do not want to have to reapply for another F1. 

Not having sufficient funds for the full four years might be a problem, and with a US partner the CO might assume you plan to stay, marry and adjust so you can live and work and study in the US. 

Perhaps save up a little more money so you have a healthier bank account when you interview for the F1. 

[canadiangirl145 3]

17 minutes ago, Kor2USA said:

When you say "I plan to return home to Canada after my first year to work and save for my second year" would you be saving and working for a full year or just between semesters? You should check the rules of your program to research how long you can take a leave of absence from your school before you fall out of status. You do not want to have to reapply for another F1. 

Not having sufficient funds for the full four years might be a problem, and with a US partner the CO might assume you plan to stay, marry and adjust so you can live and work and study in the US. 

Perhaps save up a little more money so you have a healthier bank account when you interview for the F1. 

Hi there, 

The university I have been accepted to has confirmed that the I-20 form is only valid for one year at a time (2 school terms), and that I just have to be able to provide proof of financial status to support my first year funding and the associated costs (housing, food, my dependent, health insurance, etc.) and that this would not be an issue. I also have to be enrolled for 1 term minimum to come in on my I-20 (no problem as I have paid for 2, as it stands). 

[canadiangirl145 3]

49 minutes ago, Coco8 said:

Yes, you'd be able to start the bachelor's program.

 

However, what's the need for getting married if you plan to come and go? I think it could make your border crossing more tedious and stressful. I'm just looking it at from a practical point of view.

 

Also, doing 1 year and then going back to work to save up for year two is not something people tend to do. It's kind of convoluted story when you add it to being married (and possibly living) with US husband.

That's totally fair, I could see how it could be tedious. My partner just wants to get married sooner, than later even if means we do not start the visa process until later down the road (a few years, lol). I have spoken to the university who stated my I-20 is only valid for 1 year at a time (2 school terms), and I just have to be able to provide proof of financial status to support my first year funding and associated costs and it would not be an issue to leave. 

[Redro 4,611]

48 minutes ago, canadiangirl145 said:

Hi there, 

The university I have been accepted to has confirmed that the I-20 form is only valid for one year at a time (2 school terms), and that I just have to be able to provide proof of financial status to support my first year funding and the associated costs (housing, food, my dependent, health insurance, etc.) and that this would not be an issue. I also have to be enrolled for 1 term minimum to come in on my I-20 (no problem as I have paid for 2, as it stands). 

The validity of the I-120 and the validity of the F1 are two different things. 

 

You want to maintain your F1 visa and not fall out of status because if you do, you'll have to apply for a new F-1 and interview again. 

So, check with your school to see how long you're able to defer classes before you lose the F-1. 

 

Interviewing for a second F1 after you've only completed one year (of a 4 year course), married a USC and then had to return to Canada to save more money might raise flags. 

They could ask you why you don't apply for the CR1 as that would allow you to work and study in the States. Or ask you why you aren't studying in Canada where you'd be able to work to fund your studies.  

[canadiangirl145 3]

29 minutes ago, Kor2USA said:

The validity of the I-120 and the validity of the F1 are two different things. 

 

You want to maintain your F1 visa and not fall out of status because if you do, you'll have to apply for a new F-1 and interview again. 

So, check with your school to see how long you're able to defer classes before you lose the F-1. 

 

Interviewing for a second F1 after you've only completed one year (of a 4 year course), married a USC and then had to return to Canada to save more money might raise flags. 

They could ask you why you don't apply for the CR1 as that would allow you to work and study in the States. Or ask you why you aren't studying in Canada where you'd be able to work to fund your studies.  

I guess that makes sense! 

[Redro 4,611]

34 minutes ago, Kor2USA said:

The validity of the I-120 and the validity of the F1 are two different things. 

 

You want to maintain your F1 visa and not fall out of status because if you do, you'll have to apply for a new F-1 and interview again. 

So, check with your school to see how long you're able to defer classes before you lose the F-1. 

 

Interviewing for a second F1 after you've only completed one year (of a 4 year course), married a USC and then had to return to Canada to save more money might raise flags. 

They could ask you why you don't apply for the CR1 as that would allow you to work and study in the States. Or ask you why you aren't studying in Canada where you'd be able to work to fund your studies.  

Scratch what I wrote. I see Canadians do not have to follow the same rules as other countries. 

You do not have to apply for the F1 just obtain a I-120. 

Just check what you need to do to stay in enrolled at your school if you take a leave of absence. 

Edited November 17, 2021 by Kor2USA

[SalishSea 17,836]

1 hour ago, Kor2USA said:

Scratch what I wrote. I see Canadians do not have to follow the same rules as other countries. 

You do not have to apply for the F1 just obtain a I-120. 

Just check what you need to do to stay in enrolled at your school if you take a leave of absence. 

Returning to Canada after the academic year to live and work for the summer, which is what it sounds like OP wants to do, would not be considered a leave of absence.

[Redro 4,611]

37 minutes ago, Jorgedig said:

Returning to Canada after the academic year to live and work for the summer, which is what it sounds like OP wants to do, would not be considered a leave of absence.

Don't know how expensive OP's school in the States is but I know I wouldn't be able to save enough for a second year of study in my country during the summer break... 

But, if OP can do it more power to them. 

But, to answer the initial query as long as OP has strong ties to Canada they might encounter some extra questions when returning to the States but they'll probably be okay if they marry a US citizen. 

Edited November 17, 2021 by Kor2USA

[SalishSea 17,836]

23 minutes ago, Kor2USA said:

Don't know how expensive OP's school in the States is but I know I wouldn't be able to save enough for a second year of study in my country during the summer break... 

But, if OP can do it more power to them. 

But, to answer the initial query as long as OP has strong ties to Canada they might encounter some extra questions when returning to the States but they'll probably be okay if they marry a US citizen. 

I don't believe the OP stated they expected to fund an entire year of university from a summer job.

[aaron2020 11,651]

Have you considered the following?

 

As an F-1 international student, you would need to pay out-of-state tuition which is 3 to 5 times regular in-state tuition.

If you were to marry and adjust status, you would qualify for in-state tuition, be eligible to work, and be eligible for financial aid.

If money for your second year is a concern, then paying lower tuition, being able to work legally, and being able to get free money for school would be the upside of marrying and adjusting status for a green card.