Canadian atttending school in USA: Visa options for spouse?

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canstudent222New Member
Topic author
Posts: 1
Joined: 30 Mar 2011

Canadian atttending school in USA: Visa options for spouse?

Post Wed Mar 30, 2011 3:44 pm

Hello all,

I will be attending school in the fall in the US, with an F-1 visa.

I am in a legally-defined common-law relationship with my partner.

1. Would they be eligible for any Visas as my spouse?

2. If my spouse wanted to work in the US, would the only option be to find a US sponsor, and obtain the TN visa through the standard route?

3. To clarify, as an F1 holder, am I mostly limited to on-campus employment? And, to find work after graduation, is this usually done through the OPT program? If I was granted work status through OPT, would my spouse be then eligible for TN/H1B visa or something similar?

Thanks in advance!
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darklymNew Member
Posts: 1
Joined: 1 Apr 2011

Re: Canadian atttending school in USA: Visa options for spouse?

Post Fri Apr 01, 2011 8:55 pm

You could go in with J-1 status (Exchange Visitor) instead of the F-1. Your spouse would then be eligible for a J-2 (dependent/spousal visa) based on your J-1 and then could apply for an EAD (Employment Authorization Document) allowing him/her to work anywhere in the US for the full duration of your visa status. The J-1 caveat is the two-year home residence requirement that would require both of you to return to your original country for two years before applying for another US visa (unless you managed to secure a waiver, but that's a whole other story). The F-1 is a far more versatile visa as you can change it to an H or O or other more permanent visa if you decide to stay or get hired in the US after you graduate.
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