Need some HELP!! USC residency status

[Mrs. G 0]

Hello everyone,

I am married to US citizen. My husband and I are thinking about filing I-130 DCF in Vancouver. However, we are very confused about his residency status here in Canada.

He came to Canada with a study permit in June, 2006. In September 2007, he got his work permit and has been working since then.

I read elsewhere that in order to file I-130 DCF, the US citizen has to be residing overseas for more than 6 months. With this perspective, my husband clearly passes this status. But I also read that sometimes the status as a student is not considered to meet a residency standard. In this case, we are assuming that he will be eligible to do DCF in March 2008.

Could anyone please advise us when to file? We would like to file the I-130 as soon as possible.

In our case, should we wait till March to file to fulfill the 6 month residency standard with a work permit or are we good to go NOW??

[YuAndDan 153]

Contact the consulate and ask if student residency in Canada is condered for resident status in the counselor district.

Also US Citizen needs to have maintained US domicile, this can be keeping a US driver's license, US bank account, etc.. As well as filing IRS returns while living out of country. Both are requirements of the I-864, and I-864 is required for the CR-1 visa.

Your profile shows Japan, so I assume you will need police certs from both Japan, and Canada.

[Chica Yeyé 41]

Hello everyone,

I am married to US citizen. My husband and I are thinking about filing I-130 DCF in Vancouver. However, we are very confused about his residency status here in Canada.

He came to Canada with a study permit in June, 2006. In September 2007, he got his work permit and has been working since then.

I read elsewhere that in order to file I-130 DCF, the US citizen has to be residing overseas for more than 6 months. With this perspective, my husband clearly passes this status. But I also read that sometimes the status as a student is not considered to meet a residency standard. In this case, we are assuming that he will be eligible to do DCF in March 2008.

Could anyone please advise us when to file? We would like to file the I-130 as soon as possible.

In our case, should we wait till March to file to fulfill the 6 month residency standard with a work permit or are we good to go NOW??

I think you are good to go. Both me and my husband were in Canada with study and after-graduation work permits and had no problems whatsoever. However, DCF is only available through Montreal. You CAN submit your paperwork at the Vancouver consulate, but you will be interviewed in Montreal.

Good luck in your process!

[Mrs. G 0]

Thanks a lot, guys!

I called the consulate and asked. The guy I talked to said that my husband is qualifed to file I-130 in Vancouver. This is good news! But everytime we mke a call, we get different answers. So we will work on more to make sure this information is correct.

Thanks!

[YuAndDan 153]

Looks like they will interview in Vancouver for CR-1 and IR-1 visas too.

SEE: http://www.visajourney.com/forums/index.php?showtopic=103760

[Chica Yeyé 41]

Thanks a lot, guys!

I called the consulate and asked. The guy I talked to said that my husband is qualifed to file I-130 in Vancouver. This is good news! But everytime we mke a call, we get different answers. So we will work on more to make sure this information is correct.

Thanks!

Fantastic. File away sister, and good luck!!!! any questions, shoot.

Peace, L.