Immigration Law

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Hi, I don't know...

Hi, I don't know how to find the answers to my questions. I am a Canadian citizen living in India who has been accepted to study in the US. I will be marrying an Indian Citizen in February and planning to attend school in July. We are wondering what the process for that is as Canadian's don't need study visas but a foreign spouse would need a visa to accompany me.

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

No, I wanted to know clearly what to do before submitting anything official

Lawyer's Assistant: Have you talked to a lawyer yet?

No, i have just been googling

Submitted: 7 months ago.Category: Immigration Law
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Answered in 4 hours by:
12/6/2017
Immigration Lawyer: Expert James, Lawyer replied 7 months ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,382
Experience: Write FOR JAMES to get my help!
Verified
Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!ANSWER: The way to do this is to get yourself a student visa so that your spouse so that your spouse has a basis on which to get a dependent F2 visa. It is true that you don't require a student visa S a Canadian citizen, but it doesn't prohibit you from obtaining one.I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.If you want to talk on the phone, I am available to do that for an additional fee.And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.Thank you!
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Customer reply replied 7 months ago
I realize that he needs a visa, but is there any different process due to the fact that he is from a different country than I am? It says it is best to apply together for these, would we both apply at the US Consulate in India? In Canada? Will there be difficulty because the marriage is new?
Immigration Lawyer: Expert James, Lawyer replied 7 months ago

Remember that I don't get credit for doing my job if you do not give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!

ANSWER: I'm not sure I understand your response: "Yes, I realize that he needs a visa..." I did not question whether you know that or not. What I said is that in order for him to be able to get a dependent visa, you would need to get a visa (even though you technically would not otherwise need one).

As far as where you apply, consulates generally accept applications from individuals who are nationals of the country where the consulate is, or legally residing in the country where the consulate is. So wherever each of you is residing at the time, that is the consulate from which you apply.

There is no statutory basis on which to deny a dependent visa on the basis that it is a new marriage.

Please do not forget that positive rating now.

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Customer reply replied 7 months ago
Are there any resources for navigating that process or where can I access the laws or regulations with regards ***** ***** spouses on F2 visas and also how an F2 visa can get legal permission to work (become H1?) Four years Is a long time for a spouse to be unemployed. Is there any thing else you can think of that would be important to know before going ahead with marriage or formally enrolling at the university?(Yes I will rate you don't worry)
Immigration Lawyer: Expert James, Lawyer replied 7 months ago

Navigating which process?

Ask Your Own Immigration Law Question
Customer reply replied 7 months ago
The process of applying for a student visa from outside my country of citizenship and for applying for An F2 visa for my would-be spouse.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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