Student in Canada Wants to vist GC spouse on B

[maple_dream]

Hello all,

I am an Indian Citizen, and currently a student in Canada (on study permit). My husband lives in the US and is a Green Card holder.

I want to visit him during the coming summer break. What are my chances of getting the "visit visa", given that I am currently pursuing a degree in Canada, which I have no intention to abandon ? (I have a good acdemic record, and was awarded scholarship by the university here in Canada). Further, my husband has not filed an immigration petition for me in the US. He will get his citizenship next year, and by that time I will also complete my degree in Canada. So the intention now is just a vist for 2-3 months.

Does this prove my non-immigrant intent now, to be eligible for a B visa? Is any one aware of some one being in any such situation before?

Thanks in advance.

[Kayalami]

maple_dream,

No one can give you a definitive answer as to your chances of success. However a non immigrant visa (NIV) applicant must prove to the Consular Officer (ConOff) at the relevant US consulate that you have compeling ties in your home country or other country where you reside for you to leave the US after your visit. IMHO you have relatively weak ties to India and even weaker ones to Canada - you are on a study permit. Do you actually have a visa covering the study permit period or is this the permit that you get with an inland extension - its usually annotated 'does not authorise re-entry to Canada'.

I consistently come across new landed immigrants (Permanent Residents) who are yet to establish themselves in Canada (read employed) being rejected for US visas on a regular basis. ConOffs have seen too many visa applicants use Canada as a stepping stone to enter the US and dissappear. Your strongest tie is your husband and he is in the US with a GC. He is likely to be established there so what will make you leave him and go back to college? You could feasibly study from the US while you sit out his waiting period to citizenship. You could even defer the course to another academic year. After he is naturalised you can Adjust Status and be paroled (forgiven) for overstaying. I'm presuming he is economically stable so nothing to stop him providing for you whilst you sit it out in the US or he may even be able to obtain employment (illegally) for you...I'm not saying he/you will do all the abovebut put yourself in the Conoff's position. Now if you were a Canadian PR with a mortgaged property, 60K per year job you've held for 3 years, kids in school in Canada, extensive global corporate travel to Europe etc the picture would be different don't you agree.

I would suggest to be on the safe side your husband travels to Canada for your summer break - US GC holders do not require a visa to enter Canada irrespective of nationality (unless he is inadmissable). Alternatively if you want to take a chance then apply - its 100 bucks and you have to make an appointment for interview and biometrics collection. A refusal would likely be under 214b - failure to demonstrate non-immigrant intent. It would effectively prevent you from applying for NIV until your circumstances change likely to be with H1B employment or the USC spousal sponsorship.

Good luck

[maple_dream]

Thanks Kalayami for your answer.

I know my case doesn't sound strong, but it shouldn't be so.

My husband could come, but only for a week or two, while I am free for most of my summer.

My study permit for Canada is a multiple-entry 2-year student visa. I came here last year, so I am right in the middle of my program, and have one more year to go. It makes no sense to abandon it now (undoing all the year-long hardwork in studies), and go and overstay in the US, when I know I can legally enter next year with a completed degree. Don't ties with 'degree' and 'career' carry any weight? I wonder if this could satisfy the consular officer?

So, does being a wife of a GC holder make one outright ineligible for an NIV? Or, is there some non-zero chance to get one for a limited period (2-3 months in my case)?

How does a rejection now affect later applications (for H1/GC)?

Thanks again for your help.