Immigration Site

Hi.

my spouse is a US citizen by birth. We are living in Canada, as I am studying. I have been accepted into US Grad School on exchange for 3 months from end September. When I graduate in Dec2011, I would like to find a job in the US. I am concerned if I apply for F-1 visa, it may be difficult to apply for greencard. Alternatively, it may be quicker to be in the US and apply for greencard. If I apply for greencard now, not sure if that will prevent me from going to US to study for 3 months (Oct-Dec11). Any advice would be appreciated. I am not canadian either.

With a US citizen spouse, it would be difficult to obtain the F-1 visa. Unless youre Canadian and they let you apply for F-1 status at the border/POE instead of at a consulate where they will ask about your marital status.

With a US citizen spouse, it would be difficult to obtain the F-1 visa. Unless youre Canadian and they let you apply for F-1 status at the border/POE instead of at a consulate where they will ask about your marital status. Even a Canadian (which OP said she is not) would need an F-1 visa to study in a post-secondary school. F-3 visas allow younger cross-border school children to come and go daily, similar to a border crossing card.

If the U.S. citizen is planning to move back from Canada, the spouse who obtains a greencard [OR files for adjustment while already in the U.S.] can go to school and pay resident rates for tuition. A short delay in obtaining entry on a greencard is probably worth the financial savings on tuition.

Also, if the USC is residing in Canada, there may still be Direct Consular Filing.

http://www.amcits.com/immigration.asp

On further thought, with this study program being just one semester and having a US citizen spouse living in Canada, maybe obtaining the F-1 visa wont be so difficult.... as long as there is no green card application before the F-1 has been secured and been used to enter the US.