Canadian about to get F1/Have been dating American for 2 Yrs

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lmk042New Member
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Joined: 26 Oct 2011

Canadian about to get F1/Have been dating American for 2 Yrs

Post Mon Nov 14, 2011 6:34 am

Hi there,

I'm a 26 year old Canadian who met my American Boyfriend in Mexico just over 2 years ago. Because we have both been in a good financial situation we have made about 50 trips to see each other over the past two years (about 25 each), meaning I have gone to the US for about 3-5 days per month on average for the past two years legitimately as a tourist (with NEXUS for the past year).

I applied to school in California where my boyfriend lives for both the intent of obtaining a degree (so far I only have a certificate and have been working for the past 5 years - now want to advance education and get a better job) and also to be near my boyfriend (finally). My intent is to either return to Canada after I receive a degree or to get married and end up living either in Canada or the US with my American BF.

I have always been very honest with the border agents and even have NEXUS - I've told them about my boyfriend, how we met etc. and he has done the same when he travels.

I have mounds of paperwork to take with me to the border to prove ties to Canada, proof of funds etc but am still worried I will be denied entry on the grounds that I have been going to the US a lot to visit my bf. He will be with me at the border as he is coming to get me and drive with a U-Haul trailer.

Can anyone help me to prepare for the interview at the border? Anything I should be worried about?

Thanks in advance!
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lmk042New Member
Topic author
Posts: 7
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Joined: 26 Oct 2011

Re: Canadian about to get F1/Have been dating American for 2

Post Mon Nov 14, 2011 6:46 am

PS I have strong ties to Canada - lease agreement, i own a condo (which I now rent out since I'm moving), phone bills, business cards for my current job etc.

Thanks!
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agnelsonCanuckAbroad VIP
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Re: Canadian about to get F1/Have been dating American for 2

Post Mon Nov 14, 2011 7:21 am

Just a question: you say you have a "lease agreement" but are renting out your condo. Are these 2 separate properties.

Because owning a condo and renting it out is NOT considered a residential tie in canada at all, neither for tax purposes, nor for US immigration purposes.

F1's are supposed to maintain residence in canada, boyfriend or no boyfriend. the boyfriend may merely make them dig deeper into your Cdn ties.

Your F1 "interview" is merely to see your college paperwork and complete SEVIS. If they do ask where your residnce his, you need to show that it is yours in Canada, not rented out.
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lmk042New Member
Topic author
Posts: 7
Topics: 2
Joined: 26 Oct 2011

Re: Canadian about to get F1/Have been dating American for 2

Post Mon Nov 14, 2011 8:42 am

Regarding my property, I've had it for 5 years and lived in it for 2 (from 2007-2008) but have been renting a house closer to my office with a signed lease for the past 3 years. Since I'm moving to the US, I gave notice at the house I rent and will no longer be renting as of Dec 1.

Do you have any suggestions on what I should do to show that I have a permanent address in Canada while I'm studying (ie: my parents or a friend that I can fwd my mail to and have a letter stating I can live with them when I return).

Most students don't have the resources to go to school and pay rent in two locations (canada and the US), so I'm guessing that it's not expected I keep paying rent in Canada. The condo I own is something I can also come back to when I return but in the mean time is being rented out.
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agnelsonCanuckAbroad VIP
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Joined: 26 Aug 2009

Re: Canadian about to get F1/Have been dating American for 2

Post Mon Nov 14, 2011 9:06 am

http://sdimmigrationattorney.com/practi ... categories

Note:

Academic Students (F-1)

The F-1 visa allows an individual to come to the United States to pursue an academic studies or language training program. In general, an individual may qualify for a F-1 visa if s/he meets the following requirements:

    *acceptance to an academic studies or language training program at an institution approved by U.S. Citizenship and Immigration Services;
    *acceptance/enrollment as a full-time student;
    *exhibits proficiency in English or be enrolled in courses leading to English proficiency;
    *has sufficient funds to be self-supportive for the entire course of study; and
    *has a foreign residence of which he/she has no intention of abandoning.
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lmk042New Member
Topic author
Posts: 7
Topics: 2
Joined: 26 Oct 2011

Re: Canadian about to get F1/Have been dating American for 2

Post Tue Nov 15, 2011 11:35 am

What I have done is have my employer write a letter to verify they will re-hire me upon my completion of school and return to Canada, as well as had my best friend create a lease for $0/month that guarantees me a room in her home in Canada. I am also forwarding my mail to her address.
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