Wife of TN holder wants to study in the US

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mattmaciNew Member
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Joined: 7 Dec 2011

Wife of TN holder wants to study in the US

Post Wed Dec 07, 2011 10:15 pm

Hello,

I am currently on a TN visa in the US and my wife is living in Canada. Initially our plan was to have her join me on a TD visa, but recently we decided it would be better for her to go to school and get a degree. She is planning to attend a school in the same city that I am working in. I believe the right choice for her would be the F-1 visa, is this correct?

Assuming she would need to get an F-1 Visa, I have a few concerns regarding one of the requirements:
Intend to depart from the United States upon completion of the course of study: She is currently unemployed, lives with her parents, and has no assets in Canada. After her graduation, our plan is for her to get a TD visa so that we can live together while I'm on my TN. Technically she has to depart from the US and come back in on a TD, is that valid intent? How can we prove it?

Also, would it be possible for her to seek employment in the US after graduating? If she got a job offer, would she be able to get a TN/H1B Visa (since she already proved intent to depart the US)?

Thanks in advance.
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AGNCanuckAbroad VIP
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Joined: 21 Jun 2011

Re: Wife of TN holder wants to study in the US

Post Wed Dec 07, 2011 10:23 pm

She could of course study on TD, some states accept TDs ass resident after a short period, unlike F1.

The requiremment to leave US, only measns that they won't overstay their status. She would of course get TD status after school (assuming she even bothers with F1).

Don't get hung up about intent to depart.
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mattmaciNew Member
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Joined: 7 Dec 2011

Re: Wife of TN holder wants to study in the US

Post Wed Dec 07, 2011 10:52 pm

Would she be able to look for a job on the TD? If not, then F1 might be better.

Also, on a F1, would she not be considered a resident? I would like her to get an SSN, open a bank account, and be part of my benefits as my spouse.

I am in WA by the way.
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AGNCanuckAbroad VIP
Posts: 818
Joined: 21 Jun 2011

Re: Wife of TN holder wants to study in the US

Post Thu Dec 08, 2011 4:14 am

One can look for work under any status, they cannot actually work unless/until they get a work status. F1 would only be able to work on campus, and only then would they be allowed to apply for SSN. For tuiton, residnce, and tax purposes, F1 are foreign, not resident.

TDs cannot get SSN. In some states howver, they can get local tuition rates if they have been in state long enough. That's where you will have to run with it.

But even without SSN, she can obviously be on your work benefits.
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freedom1Junior Member
Posts: 23
Joined: 13 Aug 2011

Re: Wife of TN holder wants to study in the US

Post Thu Dec 08, 2011 3:29 pm

I am in the exact same situation except I am not married... yet.
My fiance has 2 years of experience as a claims adjuster but does not have a bachelor's degree. She has a diploma in culinary arts but that, in no way relates to insurance.

She plans on studying for her CIP (certified insurance professional) designation by correspondence while she stays with me as a visitor.

Does anyone know if instead of a CIP, she could study to get some insurance license in the US state after which she may be eligible for an EAD?
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