So many questions, so many confusing websites!

[trailmix 77]

Actually you won't need to leave Canada. I am the duel citizen and my Husband is the immigrant and we did the whole thing while living in Canada (in fact I had never lived in the U.S.).

I'm sure you are overcome with information at this point, if you have been reading the guides and the paperwork - but basically you will need to prove 'domicile' in the U.S. and there are ways to do that without actually having to live there.

As for the income, you will either need to have assets, U.S. income, or income from Canada that will continue once you are in the U.S. - but that's jumping ahead a bit. Once you have read the guides i'm sure you will have questions - and we are happy to help!

And yes, as everyone has already mentioned, the CR1/IR1 is the better visa.

neither of them is dual though, she's only in Canada as a visitor, and as a USC visitor to Canada, she's only allowed to stay 6 months per year (same as Canadians visiting the US). So yeah, unless she can extend her stay in Canada, she'll have to go back to the US anyhow and wait out the rest of the process.

As for leaving the US after you've moved there with your CR1, you can come and go as you please pretty much. Just don't stay out of the country longer than 6 months. If you plan to be gone 6 months or more, you'll need to get a re-entry permit before you leave. If you're just going for a few days or couple of weeks, you're fine.

Actually we have a one year visitor's visa for my wife, and as long as we're "in the process" of getting her landed immigrant status here they will extend that visa when it gets close to expiring.

So what we plan on doing is starting the CR1 paperwork shortly and then also making sure that we are "in the process" for her paperwork here so that we can stay together until the CR1 is completed and we move "down south"

Good planning - also means you are probably eligible to do direct consular filing

[Flames9_RN 358]

by the sound sof it,they dont really need to DCF as they have a year in Canada, so if they start their CR-1 process now, it should work out. Of course nothing is a given when it comes to immigration

As well keep in mind,once you have your interview and you have the visa, you dont have to activate it asap. One has up to 6 months to do that.

[jonesg111 0]

Actually you won't need to leave Canada. I am the duel citizen and my Husband is the immigrant and we did the whole thing while living in Canada (in fact I had never lived in the U.S.).

I'm sure you are overcome with information at this point, if you have been reading the guides and the paperwork - but basically you will need to prove 'domicile' in the U.S. and there are ways to do that without actually having to live there.

As for the income, you will either need to have assets, U.S. income, or income from Canada that will continue once you are in the U.S. - but that's jumping ahead a bit. Once you have read the guides i'm sure you will have questions - and we are happy to help!

And yes, as everyone has already mentioned, the CR1/IR1 is the better visa.

neither of them is dual though, she's only in Canada as a visitor, and as a USC visitor to Canada, she's only allowed to stay 6 months per year (same as Canadians visiting the US). So yeah, unless she can extend her stay in Canada, she'll have to go back to the US anyhow and wait out the rest of the process.

As for leaving the US after you've moved there with your CR1, you can come and go as you please pretty much. Just don't stay out of the country longer than 6 months. If you plan to be gone 6 months or more, you'll need to get a re-entry permit before you leave. If you're just going for a few days or couple of weeks, you're fine.

Actually we have a one year visitor's visa for my wife, and as long as we're "in the process" of getting her landed immigrant status here they will extend that visa when it gets close to expiring.

So what we plan on doing is starting the CR1 paperwork shortly and then also making sure that we are "in the process" for her paperwork here so that we can stay together until the CR1 is completed and we move "down south"

Good planning - also means you are probably eligible to do direct consular filing

Do we have to complete her paperwork first in order to do DCF? Or just be "in the process"?

[Cassie 8]

Do we have to complete her paperwork first in order to do DCF? Or just be "in the process"?

Your wife has to have her paperwork finished and she has to be considered a Canadian resident. "In the process" won't cut it, sorry.

[Reba 2]

you might also want to note that USCIS has been known to cancel US immigration applications/petitions if they find out that the couple also has applications pending in the other country. They're kinda petty that way.

[trailmix 77]

Do we have to complete her paperwork first in order to do DCF? Or just be "in the process"?

Your wife has to have her paperwork finished and she has to be considered a Canadian resident. "In the process" won't cut it, sorry.

Ok, now I'm confused. Flames, why wouldn't they DCF if they are eligible?

Cassie, my understanding of DCF is that the beneficiary must have legal status in Canada for at least 6 months after applying - so I find your answer confusing too.

[Flames9_RN 358]

If they CAN DCF, sure go for it.

[jonesg111 0]

you might also want to note that USCIS has been known to cancel US immigration applications/petitions if they find out that the couple also has applications pending in the other country. They're kinda petty that way.

How would they find that out? I'm not planning on telling them.

[Reba 2]

Cassie, my understanding of DCF is that the beneficiary must have legal status in Canada for at least 6 months after applying - so I find your answer confusing too.

She would have to have Legal Permanent Resident status for 6 months before they can DCF, but considering how long an in-Canada LPR application can take, it is unlikely to be completed before they want to go to the US.

How would they find that out? I'm not planning on telling them.

Even if you don't plan to tell them, during interrogation it may well come up. I just thought I'd say that it has happened before, and it may well happen again.

[Cassie 8]

Cassie, my understanding of DCF is that the beneficiary must have legal status in Canada for at least 6 months after applying - so I find your answer confusing too.

She would have to have Legal Permanent Resident status for 6 months before they can DCF, but considering how long an in-Canada LPR application can take, it is unlikely to be completed before they want to go to the US.

Right. What I was trying to say was that she can't be "in the process" of becoming a Canadian LPR to go the DCF route, it has to be completed and she has to wait at least 6 months after that to try DCF.