za584

My neice lives in Canada (canadian citizen) and wants to continue her college in the US.

She is currently visiting US. Can someone please answer me the following questions...

1) Does she need to come back to Canada and apply as a student in the US?

2) What will be her status in the US?

3) Also very important point is, she is dating with someone who is US citizen, what if they get engaged or married in the US. Does she still need to come back to Canada and change her status?

I would really appreciate if someone can explain and clarify the process...

Thank you

Siouxie

Hello

I moved your post to the US Form as I believe that you will more likely get answers to your questions.

Michael

Here is a link to the process for Canadians. She doesn't need to apply for a F-1 visa but she needs to present the I-20 form at the border. She then has F-1 status.

http://www.dartmouth.edu/~ovis/updates/canadian.html

While on F-1 status, it is legal to get married in the US and adjust status while remaining in the US to get her legal permanent residence.

Steve_

Well she can apply for a change of status to F-1 while there (on I-539), but in practical terms it will probably be easier to leave and re-enter, because of the hoops the college will make her jump through (the big one being proof of funds). Once she's completed all the requirements she'll get an I-20, she just shows that at the POE and they stamp her passport and give her a multiple-entry I-94.

Depends on the course of study, usually F-1, might be M-1 or J-1. (A J-1 will give her a DS-2019 rather than an I-20).

She could but the simpler method would be to simply apply after marriage for Adjustment of Status on I-485 and also employment authorization at the same time on I-765. He also needs to do an I-864 (affidavit of support).

Note if they simply get engaged she might have trouble re-entering the US because she would clearly lack non-immigrant intent, which is a requirement for F-1, M-1 and J-1. She must have a bona fide residence abroad.

Canadians don't need a non-immigrant visa for these categories, they simply apply at the POE with the I-20 or DS-2019.

crg

Canadians must also pay for I-901 SEVIS fee before arriving at the border. They must also be arriving from Canada or other foreign territory, not merely walking in from the US side.