Canadian spouse to accompany me to graduate school in U.S.

[ratfinkgrad 1]

Hello everyone,

My wife and I have been married since June of 2007, but I've only recently moved to Canada to live with her--I was waiting on gaining P.R. status in Canada.

I'd like to attend graduate school in the States in Fall of 2009, but I'm not exactly sure what is the best manner of getting her to accompany me. I'd like to think there are ways less cumbersome than applying for full-on K3/IR-CR-1 status for her to accompany me (and work as well). I was eyeing the J-1/J-2 visa combination, which seems ideal, but at the same time--despite my permanent resident status in Canada--I am an American citizen, and I don't believe myself to be entitled to temporary study visas such as the J class. Is that correct? Any recommendations other than simply filing either DCF or 3/IR-CR-1?

Thank you for your time.

Oh, lastly, as I just moved here at the beginning of this month, I won't be eligible (at least I don't believe so) for DCF until March 2009. And if that puts our DCF processing time much beyond August/September of 2009 I might have to hold off on graduate school for another cycle.

[camistanbul 0]

Well, DCF always seems to be much faster than the other visa types.... have you researched Canadian DCF timelines here?

[MargotDarko 0]

Well, DCF always seems to be much faster than the other visa types.... have you researched Canadian DCF timelines here?

I second this. If you're able to put in the I-130 in March (which you should be since you have PR status in Canada and presumably can show your residence there with things like mortgage/lease and bills), I don't see why she couldn't have the visa by September.

DCF is definitely your best bet. A USC would not be able to apply for any US visa for themselves. DCF would get her the IR1 visa since you'll have been married for two years by June 2009. That's the best visa to have - it grants her a 10 year green card upon arrival in the US.

From what you've provided about your situation, it sounds like you'll need a joint sponsor. Unless of course you have enough in assets. You don't have to worry about that until the interview though.

[ratfinkgrad 1]

Well, DCF always seems to be much faster than the other visa types.... have you researched Canadian DCF timelines here?

I second this. If you're able to put in the I-130 in March (which you should be since you have PR status in Canada and presumably can show your residence there with things like mortgage/lease and bills), I don't see why she couldn't have the visa by September.

DCF is definitely your best bet. A USC would not be able to apply for any US visa for themselves. DCF would get her the IR1 visa since you'll have been married for two years by June 2009. That's the best visa to have - it grants her a 10 year green card upon arrival in the US.

From what you've provided about your situation, it sounds like you'll need a joint sponsor. Unless of course you have enough in assets. You don't have to worry about that until the interview though.

We got far enough along in the P.R. process to get a letter informing us of the issues of "domicile" in the U.S. From what I gather, being a landed Canadian P.R. pretty much invalidates my claims to "domicile" in the States. Is this issue completely obviated by filing DCF in March?

Thank you very much for the replies.

[MargotDarko 0]

Well, DCF always seems to be much faster than the other visa types.... have you researched Canadian DCF timelines here?

I second this. If you're able to put in the I-130 in March (which you should be since you have PR status in Canada and presumably can show your residence there with things like mortgage/lease and bills), I don't see why she couldn't have the visa by September.

DCF is definitely your best bet. A USC would not be able to apply for any US visa for themselves. DCF would get her the IR1 visa since you'll have been married for two years by June 2009. That's the best visa to have - it grants her a 10 year green card upon arrival in the US.

From what you've provided about your situation, it sounds like you'll need a joint sponsor. Unless of course you have enough in assets. You don't have to worry about that until the interview though.

We got far enough along in the P.R. process to get a letter informing us of the issues of "domicile" in the U.S. From what I gather, being a landed Canadian P.R. pretty much invalidates my claims to "domicile" in the States. Is this issue completely obviated by filing DCF in March?

Thank you very much for the replies.

I don't have personal experience with that, but it wouldn't make any sense if it did cause problems because plenty of Canadians have gotten visas through DCF, and I can't imagine that none of their spouses had PR status.

[trailmix 77]

We got far enough along in the P.R. process to get a letter informing us of the issues of "domicile" in the U.S. From what I gather, being a landed Canadian P.R. pretty much invalidates my claims to "domicile" in the States. Is this issue completely obviated by filing DCF in March?

Thank you very much for the replies.

Hi,

I am a dual citizen (Canadian/U.S.) we did not DCF, however we filed an IR1 through vermont.

There is no reason to think that the fact that you are a Canadian PR negates having domicile in the U.S., in fact I, as the sponsor, have never lived in the U.S. (until now).

Have another look at the I-864 and the criteria for 'domicile', you might have some questions afterwards and I will be happy to help.

[ratfinkgrad 1]

Hi,

I am a dual citizen (Canadian/U.S.) we did not DCF, however we filed an IR1 through vermont.

There is no reason to think that the fact that you are a Canadian PR negates having domicile in the U.S., in fact I, as the sponsor, have never lived in the U.S. (until now).

Have another look at the I-864 and the criteria for 'domicile', you might have some questions afterwards and I will be happy to help.

Very interesting. I'll look into that. So even though I'm not living in the U.S. and I will be taking a job up here in the meantime, I could still qualify. Weird.

[pushbrk 13,073]

Hi,

I am a dual citizen (Canadian/U.S.) we did not DCF, however we filed an IR1 through vermont.

There is no reason to think that the fact that you are a Canadian PR negates having domicile in the U.S., in fact I, as the sponsor, have never lived in the U.S. (until now).

Have another look at the I-864 and the criteria for 'domicile', you might have some questions afterwards and I will be happy to help.

Very interesting. I'll look into that. So even though I'm not living in the U.S. and I will be taking a job up here in the meantime, I could still qualify. Weird.

DCF pretty much indicates your intention to reside in the US so you could open a US bank account and sign a lease to establish domicile. The IR1 visa is really the only way I see for your wife to work. If you later move back to Canada, she'll eventually lose her LPR status but still have the visitor privileges of a Canuck.

[camistanbul 0]

Hi,

I am a dual citizen (Canadian/U.S.) we did not DCF, however we filed an IR1 through vermont.

There is no reason to think that the fact that you are a Canadian PR negates having domicile in the U.S., in fact I, as the sponsor, have never lived in the U.S. (until now).

Have another look at the I-864 and the criteria for 'domicile', you might have some questions afterwards and I will be happy to help.

Very interesting. I'll look into that. So even though I'm not living in the U.S. and I will be taking a job up here in the meantime, I could still qualify. Weird.

DCF pretty much indicates your intention to reside in the US so you could open a US bank account and sign a lease to establish domicile. The IR1 visa is really the only way I see for your wife to work. If you later move back to Canada, she'll eventually lose her LPR status but still have the visitor privileges of a Canuck.

I agree with what everyone is saying here.... domicile is kind of tricky, but for example, I'm a legal resident of Turkey and have been for the

past 4 years. I was *REALLY* worried about domicile, but I had a couple of things going for me: 1) I still have a bank account in the US and

credit cards 2) all of said cards/accounts are listed at my parent's address 3) The last time I was in the US I got a driver's license and registered

to vote (all at my parent's address) 4) We are intending to live temporarily with my parents when we move back. I do not have a job lined up but

we do have enough saved to not worry about that for a while.

Before our interview, I was thinking we should have more "proof" but as luck had it, they didn't really even ask for any of these things. I have

no idea if the same thing would happen in Canada, but I think you just need to take steps to show that you are indeed planning on moving and

that you have a definite place to go and stay.

Good luck!

[trailmix 77]

Very interesting. I'll look into that. So even though I'm not living in the U.S. and I will be taking a job up here in the meantime, I could still qualify. Weird.

Not really too weird, because domicile for U.S. immigration purposes does not necessarily mean that you need to own property or physically be in the United States.

I have no idea if the same thing would happen in Canada, but I think you just need to take steps to show that you are indeed planning on moving and that you have a definite place to go and stay.

Good luck!

Yes, it's as camistanbul has stated.

On the I-864 you are given 3 'examples' of proving domicile:

If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:

A. You are employed by a certain organization.

B. You are living abroad temporarily.

C. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status.

C is probably what you will want to be looking at. Basically you need documentation that proves that you are moving.

- A quote from a moving company (even something like U-Pack - you can do a quote online, they will email it to you and you can print it out).

- A U.S. bank account

- Proof that you are registered to vote in the U.S.

- Where are you going to be living - will you stay with family when you first move back? A letter from the homeowner saying you will be residing with them.

- A letter that you write, stating : "I intend in good faith to reestablish your domicile inthe United States no later than the date of the intending immigrant's admission or adjustment of status"

- Anything else you can think of that says 'hey, we are moving to the U.S. - how about your school enrollment forms or a letter stating your intention of going to school - when, where etc.

Edited September 13, 2008 by trailmix