US Citizen moving from Canada to US with Canadian husband and children

[Family 4,254]

Canadians do not need visas ( F-1 student) included…
 

https://ca.usembassy.gov/visas/do-i-need-a-visa/

 

 

 

 

[Ellemerr 0]

2 hours ago, Mike E said:

Canadian citizen and former student here.  As a Canadian,  I did not need an F-1 visa to study in the USA nor was I permitted to apply for one.  

Why didn't you need an F-1?

[Redro 4,612]

1 hour ago, Ellemerr said:

Why didn't you need an F-1?

Canadian citizens do not need visas to study or participate in an exchange program in the U.S. However, Canadian students do need to obtain an I-20 (or DS-2019) Certificate of Eligibility from the university, school or exchange program they plan to attend. Upon receipt of the I-20 (or DS-2019), the student will be registered with SEVIS, the student tracking system, will be assigned a SEVIS number, and will be required to pay a registration fee. When crossing the border to begin their study or exchange program in the United States, the student will need to provide the Officer at the port of entry:

1. A Canadian passport;
2. The original I-20 (or DS-2019) certificate;
3. Proof that the SEVIS fee has been paid;
4. Proof of ability to pay school fees and living expenses in the United States; and
5. Proof of ties to Canada.

https://ca.usembassy.gov/visas/canadian-students/

 

You don't apply for the visa at the consulate but when you cross the border your husband will have to inform them he wants to enter the US as a student not a tourist. 

Edited March 28, 2022 by Kor2USA

[pushbrk 13,133]

13 hours ago, Kor2USA said:

Canadian citizens do not need visas to study or participate in an exchange program in the U.S. However, Canadian students do need to obtain an I-20 (or DS-2019) Certificate of Eligibility from the university, school or exchange program they plan to attend. Upon receipt of the I-20 (or DS-2019), the student will be registered with SEVIS, the student tracking system, will be assigned a SEVIS number, and will be required to pay a registration fee. When crossing the border to begin their study or exchange program in the United States, the student will need to provide the Officer at the port of entry:

1. A Canadian passport;
2. The original I-20 (or DS-2019) certificate;
3. Proof that the SEVIS fee has been paid;
4. Proof of ability to pay school fees and living expenses in the United States; and
5. Proof of ties to Canada.

https://ca.usembassy.gov/visas/canadian-students/

 

You don't apply for the visa at the consulate but when you cross the border your husband will have to inform them he wants to enter the US as a student not a tourist. 

In that case, they would definitely get a visa stamp with D/S written next to it, so they don't have the six month limitation.  No reason to think this applies to the children though, at least from what you've quoted above.

[Redro 4,612]

7 minutes ago, pushbrk said:

In that case, they would definitely get a visa stamp with D/S written next to it, so they don't have the six month limitation.  No reason to think this applies to the children though, at least from what you've quoted above.

I believe children need to obtain I-120s and they will gain F2 status. Thinking they will need proof of financial support and show ties to Canada when they enter. 

 

Either way, OP has mentioned she wants to immigrate to the US and they are planning to stay there after her husband concludes his studies.

She wants to file I-130s before they leave Canada/before he starts studying. I don't know how strict they are at POE coming from Canada but I'm thinking 

family of 4 (3 having pending I-130s and one being a USC) might lead CBP to believe they're trying to jump the immigration line. 

 

[Ellemerr 0]

Thanks for everyone's help. As it happens, we much prefer living in Canada, so after my husband is finished his doctorate we will return to Canada, where our family is, and where my business is. Thank you for all of your advice.

[pushbrk 13,133]

38 minutes ago, Ellemerr said:

Thanks for everyone's help. As it happens, we much prefer living in Canada, so after my husband is finished his doctorate we will return to Canada, where our family is, and where my business is. Thank you for all of your advice.

That is all well and good, but it does not mean you can all go to the USA for the duration of your husband's studies without prior arrangements of some kind.  

 

[Ellemerr 0]

54 minutes ago, pushbrk said:

That is all well and good, but it does not mean you can all go to the USA for the duration of your husband's studies without prior arrangements of some kind.  

 

Yes, that is very clear. At no point have I ever mentioned otherwise. I am not sure what your assumptions of me and my family are, but I would appreciate not being assumed to be unintelligent. Thank you.

[pushbrk 13,133]

1 minute ago, Ellemerr said:

Yes, that is very clear. At no point have I ever mentioned otherwise. I am not sure what your assumptions of me and my family are, but I would appreciate not being assumed to be unintelligent. Thank you.

Nothing you've written indicates a lack of intelligence.  Some of what you've written has indicated you've made either some incorrect assumptions or have described your intentions in less than a clear way.  You are posting in an immigrant visa forum, talking about moving to the USA.  Surely, you can understand why we understood you meant permanently.  It's not clear whether you've changed your mind, or just weren't being clear.  Either way, we're trying to help, by giving you the information we think you need.  Not good to bite the hands feeding you. 😉

[Redro 4,612]

2 hours ago, Ellemerr said:

Thanks for everyone's help. As it happens, we much prefer living in Canada, so after my husband is finished his doctorate we will return to Canada, where our family is, and where my business is. Thank you for all of your advice.

Good luck! And congrats to your husband on his acceptance!

The best course of action is to chat to the International Student Department (Office of International Affairs) at his university. They should be well versed in helping students with kids out. 

Also, apologies for assuming you have two kids I have no idea where I pulled that number from... 

[pushbrk 13,133]

2 hours ago, Kor2USA said:

Good luck! And congrats to your husband on his acceptance!

The best course of action is to chat to the International Student Department (Office of International Affairs) at his university. They should be well versed in helping students with kids out. 

Also, apologies for assuming you have two kids I have no idea where I pulled that number from... 

Her first post mentioned husband and children, so at least two children.