Canadian child to school in Texas during six month visit

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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: Canadian child to school in Texas during six month visit

Post Sun Aug 23, 2009 5:42 pm

. I am confused as to why a Canadian can VISIT the US without a visa, (provided that they stay less than six months) but I am unable to VISIT my fiance (for less than six months) while having our child enrolled in school??


You can, not sure who told you that. US immigration law doesn't recognize common law relationships, so you'd have to enter as a B-2 visitor as a co-habiting partner: http://travel.state.gov/visa/laws/teleg ... _1414.html

Your child qualifies as an L-2 dependent of your spouse, so with that status he can register and attend school in the US.

What you can't do is work, you'd need to get married to do that. L-2 spouses can get work authorization by filing I-765. Be aware of the fact that it's rare for US immigration law to allow that, L-2 can do it, but for example H-4 or TD cannot, so if your spouse changes status you may not be able to work anymore. Also be aware of the fact that once your child grows up he has no status in the US, which is a common problem. For example if he wants to go to college in the US he would have to be F-1 when he hits 21, which means he doesn't qualify for in-state tuition rates.
Steve.
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junglefeverNew Member
Topic author
Posts: 3
Joined: 18 Aug 2009

Re: Canadian child to school in Texas during six month visit

Post Thu Aug 27, 2009 12:26 am

Big "thanks" to all that replied. I am going to compile all information/suggestions given and do the work myself - as it sounds that lawyers are not much help (good to know...) with the process. I have a few months to prepare and organize - all of this information will surely come in handy, not to mention the fact that we will be saving some money without the lawyer!

Thanks again :)
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