What are the Requirements

[Rob'sLuv 1]

It looks like this DCF process is what we would use, but what are the requirements for the sponsor? I'm pretty sure my hubby would be eligible to immigrate (no criminal record, no medical issues, etc.), but first - how do I know if I am eligible to sponsor him, and from abroad yet? I am a stay-at-home Mom so I have no income of my own - and no assets, either in Canada or the USA. We've been married now for 16 months. He has two minor children - who would sponsor them and how?

Thanks

[YuAndDan 153]

US Citizen has to be living abroad in the counselor district for at least 6 months. DCF is for citizens who live and marry overseas, and are moving back to the USA with their spouse.

Also US citizen has to prove maintained Domicile in the USA and provide IRS returns for past year for time living out of country, this is required for the I-864, and I-864 is required for the immigrant visa.

[MargotDarko 0]

US Citizen has to be living abroad in the counselor district for at least 6 months. DCF is for citizens who live and marry overseas, and are moving back to the USA with their spouse.

Also US citizen has to prove maintained Domicile in the USA and provide IRS returns for past year for time living out of country, this is required for the I-864, and I-864 is required for the immigrant visa.

It is not true that you have to marry overseas. It is fine to marry in the US and then apply from the foreign country if you meet the other requirements. I notice that you often share incorrect information sandwiched between correct information but you do not seem to ever come back to threads to see if anyone has corrected what you've said.

[YuAndDan 153]

US Citizen has to be living abroad in the counselor district for at least 6 months. DCF is for citizens who live and marry overseas, and are moving back to the USA with their spouse.

Also US citizen has to prove maintained Domicile in the USA and provide IRS returns for past year for time living out of country, this is required for the I-864, and I-864 is required for the immigrant visa.

It is not true that you have to marry overseas. It is fine to marry in the US and then apply from the foreign country if you meet the other requirements. I notice that you often share incorrect information sandwiched between correct information but you do not seem to ever come back to threads to see if anyone has corrected what you've said.

I give general answer for DCF, Yes they could marry in a different country such as USA, and then reside in the counselor district.

But for the most part the marriage takes place overseas while the US Citizen is residing in the foreign country for other reasons like working. Good example is China, Chinese nationals rarely can get a visitor's visa to the USA, and then marry, and then couple returns to China to live for some time, then file DCF.

[Chica Yeyé 41]

It looks like this DCF process is what we would use, but what are the requirements for the sponsor? I'm pretty sure my hubby would be eligible to immigrate (no criminal record, no medical issues, etc.), but first - how do I know if I am eligible to sponsor him, and from abroad yet? I am a stay-at-home Mom so I have no income of my own - and no assets, either in Canada or the USA. We've been married now for 16 months. He has two minor children - who would sponsor them and how?

Thanks

If you are both living in Canada and he has legal status there (i.e. landed immigrant, work permit, study permit, etc.) you're good to go with DCF. Since DCF results in an immigrant visa (in your case probably and IR1 without conditions), your husband would interview in Montreal.

As per the requirements for sponsorship, don't panic. you will be the primary sponsor anyway since you are the USCitizen spouse, but you can line up a joint sponsor who lives in the US and has the income/assets to qualify. OR if your husband has assets (his Canadian income would not count unless it would somehow continue in the US: i.e. his company transfers him here), you could use those to qualify as well.

Depending on where you live, you can drop off your I-130 at the nearest consulate. IF YOU SEND THE I-130 TO THE U.S. you will not go through DCF, but will have to go through the whole IR-1 process -- pain in the youknowwhat.

Montreal is being slow as heck, but seems they are improving. For us (both living in Edmonton back then) it took 5 months to get an interview.

Good luck, Len.

[Rob'sLuv 1]

Yes, we are both living in Canada and he is a Canadian citizen by birth. He sponsored me for Permanent Residency but I was found inadmissible because my 19 yr old son who is living in the States and not coming to Canada was arrested as an 18 yr old. I'm supposed to be able to exclude him from my application when he's inadmissible because I was not bringing him to Canada, I don't have (and haven't had for 4 years) custody of him (but that's inapplicable now as he's a legal adult), and I am not legally empowered to act on his behalf - but the IO ignored the IRPA Regulations and found me inadmissible anyway. We may not even be eligible for an appeal because the refusal was based on criminal inadmissibility. Sucks, huh?

Anyway, thanks for the info - I wouldn't have a joint sponsor in the US. My mother is retired, living on a fixed income - although she does own her home free and clear. My sons are both in school - have no money. So it would fall to my husband to provide the income through a job transfer - which probably wouldn't happen. But his former boss here in Canada has a business in California and would give him a job with an income equal to what he makes here. Would that count? What is the income amount required?

And what about his kids (my step-kids), would I be sponsoring them under the same application or would he sponsor them later? I can't believe we're facing being in love and being married - and NOT being able to be a family.

Edited January 8, 2008 by Rob'sLuv

[Chica Yeyé 41]

Yes, we are both living in Canada and he is a Canadian citizen by birth. He sponsored me for Permanent Residency but I was found inadmissible because my 19 yr old son who is living in the States and not coming to Canada was arrested as an 18 yr old. I'm supposed to be able to exclude him from my application when he's inadmissible because I was not bringing him to Canada, I don't have (and haven't had for 4 years) custody of him (but that's inapplicable now as he's a legal adult), and I am not legally empowered to act on his behalf - but the IO ignored the IRPA Regulations and found me inadmissible anyway. We may not even be eligible for an appeal because the refusal was based on criminal inadmissibility. Sucks, huh?

Anyway, thanks for the info - I wouldn't have a joint sponsor in the US. My mother is retired, living on a fixed income - although she does own her home free and clear. My sons are both in school - have no money. So it would fall to my husband to provide the income through a job transfer - which probably wouldn't happen. But his former boss here in Canada has a business in California and would give him a job with an income equal to what he makes here. Would that count? What is the income amount required?

And what about his kids (my step-kids), would I be sponsoring them under the same application or would he sponsor them later? I can't believe we're facing being in love and being married - and NOT being able to be a family.

Sorry to hear about this whole issue my friend. Now, what is your status in Canada? If you are not legally there, you are not eligible for DCF at all and could get into a sh!tload of trouble, and you don't want that. Once you sort this out and are sure you have legal standing to file, go ahead.

Your mom can totally be a joint-sponsor using her house as assets, me thinkssss. However, the total value of the house may not be enough to sponsor the kids as well - better double check the poverty level guides. You can sponsor the kids at the same time, but I believe this process is not through DCF, but through USCIS (someone please jump in and correct me, I don't want to give wrong info since I don't have kids!). Your husband could sponsor them later once he becomes a PR, but not sure how long after.

Heep you can resolve this soon - but please make sure you are allowed to file from Canada, you don't want to be deported and then blah, blah, blah; things get nasty.

Best of luck, L.