Visa as spouse of PhD student

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Feb 24th 2014, 5:15 am

#16

orly

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Re: Visa as spouse of PhD student

Quote:

Originally Posted by Noorah101

You could come to the USA on the J-2 visa, apply for the EAD and get your biometrics done (should take a month or so to do all that), and then you could go back to Canada to work until your EAD arrives in the mail in the USA.

Rene

Unfortunately not. As a "conditional permanent resident" in Canada I have to live with my sponsor (my wife) at the same address, regardless of where that is in the world, for 2 calendar years from the date I became a permanent resident. That date doesn't pass until August 2015 so I would have to stay in the US with her as we'll be going around September 2014.

I could return to Canada but if my residency was ever "audited" that could put my status in jeopardy and I'm not willing to do that for a few months of wages.

The never-ending life of an immigrant

Last edited by orly; Feb 24th 2014 at 5:24 am.

Feb 24th 2014, 5:53 am

#17

S Folinsky

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Re: Visa as spouse of PhD student

FWIW, regulations require CIS to process EAD applications within 90 days of receipt. They are actually pretty good about that.

I see that OP is in Ontario. James Eiss in Buffalo is fairly knowledgeable about cross-border issues.

Feb 24th 2014, 6:20 am

#18

jxv73

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Re: Visa as spouse of PhD student

Quote:

Originally Posted by orly

Sounds good. Will have to hope my employer is happy to have me a) working remotely and b) not doing anything for ~3 months.

Otherwise I guess I'll be doing a lot of reading, exercise, and cooking to pass the time lol...

My EAD took all of 15 days. YMMV.

Also: I know this is a controversial position to take around these forums, but there is some "Gray area" in the law as to what constitutes "employment". You will find thatt a consultation with an immigration expert in cross-border issues will be beneficial.

Last edited by jxv73; Feb 24th 2014 at 6:27 am.

Feb 24th 2014, 6:26 am

#19

orly

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Location: SW Ontario

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Re: Visa as spouse of PhD student

Quote:

Originally Posted by jxv73

My EAD took all of 15 days. YMMV.

Guess it's all luck of the draw. I guess we'll find out.

Anyone ever been to Evanston, IL?

Feb 24th 2014, 7:08 am

#20

Pulaski

Joined: Dec 2001

Location: Dixie, ex UK

Posts: 52,522

Re: Visa as spouse of PhD student

Quote:

Originally Posted by Noorah101

Could he travel to the US immediately after his visa is issued, request the EAD, then return home to Canada until his wife is ready to move to the US to start her studies?

Feb 24th 2014, 7:14 am

#21

Noorah101

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Re: Visa as spouse of PhD student

Quote:

Originally Posted by Pulaski

Could he travel to the US immediately after his visa is issued, request the EAD, then return home to Canada until his wife is ready to move to the US to start her studies?

No, he can't travel to the USA on the J-2 ahead of the J-1 visa holder. They either have to enter the USA together, or the J-1 visa holder has to enter first.

Rene

Feb 24th 2014, 7:16 am

#22

jxv73

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Re: Visa as spouse of PhD student

They can certainly come in together 30 days before the start of the program, apply for the EAD, and return to Canada.

Feb 24th 2014, 7:22 am

#23

Noorah101

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Re: Visa as spouse of PhD student

Quote:

Originally Posted by jxv73

They can certainly come in together 30 days before the start of the program, apply for the EAD, and return to Canada.

Yes, they could do that.

Rene

Feb 24th 2014, 7:25 am

#24

S Folinsky

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Re: Visa as spouse of PhD student

Quote:

Originally Posted by Noorah101

No, he can't travel to the USA on the J-2 ahead of the J-1 visa holder. They either have to enter the USA together, or the J-1 visa holder has to enter first.

Rene

What "J-1 visa holder"??? OP's wife is Canadian.

Feb 24th 2014, 7:26 am

#25

S Folinsky

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Re: Visa as spouse of PhD student

Quote:

Originally Posted by Pulaski

Could he travel to the US immediately after his visa is issued, request the EAD, then return home to Canada until his wife is ready to move to the US to start her studies?

His wife is ineligible for a J-1 "visa." She is Canadian.

Feb 24th 2014, 7:29 am

#26

Noorah101

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Re: Visa as spouse of PhD student

Quote:

Originally Posted by S Folinsky

What "J-1 visa holder"??? OP's wife is Canadian.

The one the OP mentioned in Post #6.

Rene

Feb 24th 2014, 7:32 am

#27

jxv73

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Re: Visa as spouse of PhD student

Quote:

Originally Posted by Noorah101

The one the OP mentioned in Post #6.

Rene

Mr. Folinsky's point is that Canadians do not get J-1 visas. They get J-1 status at the Port of Entry.

Feb 24th 2014, 7:34 am

#28

Noorah101

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Re: Visa as spouse of PhD student

Quote:

Originally Posted by jxv73

Mr. Folinsky's point is that Canadians do not get J-1 visas. They get J-1 status at the Port of Entry.

I understand. I was just answer his question directly, as one is taught to do within the realm of immigration. LOL

Rene

Feb 24th 2014, 7:39 am

#29

orly

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Re: Visa as spouse of PhD student

Quote:

Originally Posted by S Folinsky

His wife is ineligible for a J-1 "visa." She is Canadian.

Can you explain what you mean? Why would a Canadian be ineligible?

Feb 24th 2014, 7:45 am

#30

Pulaski

Joined: Dec 2001

Location: Dixie, ex UK

Posts: 52,522

Re: Visa as spouse of PhD student

Quote:

Originally Posted by jxv73

They can certainly come in together 30 days before the start of the program, apply for the EAD, and return to Canada.

Is the "30 days" critical, or could it be 31 days? .... Or 50 days?

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