Planning to make DCF in Montreal

[j_and_s 0]

I am canadian and my wife is american we have been married and living in canada for 4 years. We are thinking of applying for immigrant visa in about a year from now.

I've read some of the guides and the posts. There is a lot of useful information here but (surprise, surprise) I have a few questions. Obviously my wife does not have a job in the US to show income for the AoS. Since we don't have enough assets, the options I see is for her to return to the US before the I-864 comes along and get a job or we find a co-sponsor. Are there other options that other couples have used?

Since we want to minimize the time that we would be apart what is a typical delay between the I-130 application (our consulate would be Montreal) and the receipt of the I-864 package? As for the co-sponsor, are there any restrictions as to who can be a co-sponsor? Do you actually have to live in the same residence?

Thanks for any help

[payxibka 10,047]

Self sponsorship or Co/Joint sponsorship are the options...

DCF is a different timeline.... Since is is processed at the consulate procedures vary greatly... Some will take the entire package I-130/I-864 all at the beginning (most common).... Others will allow piece meal submission.... Best to get an answer from Montreal

Co sponsors are not required to be same household.

[YuAndDan 153]

It is strongly recommended to start reestablishing US domicile if you had gave it up while living in Canada.

US citizen spouse MUST sponsor the immigrant, so MUST provide I-864, and I-864 REQUIRES US Domicile.

More: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

[Chica Yeyé 41]

Line up a cosponsor - does not have to be a family member; but has to be in the US. And no - they don't have to live in the same residence as you will live when you move.

Re-establishing residence in the US can start by opening bank accounts, and the like. We DCF'd from Montreal as well and used my inlaw's as residence, as well as the lease we had signed and the like.

[j_and_s 0]

It is strongly recommended to start reestablishing US domicile if you had gave it up while living in Canada.

US citizen spouse MUST sponsor the immigrant, so MUST provide I-864, and I-864 REQUIRES US Domicile.

More: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Thanks for all of the replies. The info from the link above is pretty clear: the sponsor must have a US domicile. That said the info I found at the canadian consulate is also clear that a US citizen who resides in Canada can opt to file I-130 in Montreal. If the US citizen is a resident of Canada it would imply that he or she does not have a US domicile? The only way both info can be true is if the US resident finds a domicile pretty soon after filing I-130 in order to fill the I-864 requirements. I have a feeling that something escapes me. Any experience on this? Perhaps we need to call the Montreal consulate.

[trailmix 77]

It is strongly recommended to start reestablishing US domicile if you had gave it up while living in Canada.

US citizen spouse MUST sponsor the immigrant, so MUST provide I-864, and I-864 REQUIRES US Domicile.

More: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Thanks for all of the replies. The info from the link above is pretty clear: the sponsor must have a US domicile. That said the info I found at the canadian consulate is also clear that a US citizen who resides in Canada can opt to file I-130 in Montreal. If the US citizen is a resident of Canada it would imply that he or she does not have a US domicile? The only way both info can be true is if the US resident finds a domicile pretty soon after filing I-130 in order to fill the I-864 requirements. I have a feeling that something escapes me. Any experience on this? Perhaps we need to call the Montreal consulate.

Hi,

Yes, you are missing some info.

If you have a look at the I-864 it hints at how you can establish domicile.

Domicile for U.S. immigration purposes does not necessarily mean 'I have a house and I am standing on U.S. soil'.

It can also mean that you prove that you have only left the U.S. temporarily or that you intend to 'reestablish domicile' no later than the intending immigrant.

For the latter you would need items like - a moving quote, enrolling children in a school, a bank account, voter registration, applying for a social security number (if you don't already have one, which you probably do), copy of your current U.S. driver's license, letter from yourself saying you intend to reestablish domicile no later than the intending immigrant.

Where will you stay when you move? Say it is with your parents - a letter from them saying something along the lines of 'Paul and Mary will reside with us when they move to the U.S., as soon as Mary's visa is approved' - etc etc - things that say - hey, when you approve the visa we are ready to move to the U.S.

Anyway, I would recommend you review the I-864 as it does give a brief outline there.

(Also, just so you know, the Montreal Consulate will not answer their phone - they used to, but I haven't read of anyone having any success at getting through for quite a while - you can email them at Montreal-IV-DV@state.gov ).

Edited September 20, 2008 by trailmix

[trailmix 77]

One other thing - I don't know when you actually plan to move, but it will probably take you about a year for the immigration process.

[Flames9_RN 358]

If they DCF, it "should" be a lot faster than a year. And When u DCF, you dont have to AOS (Adjust of status) as one is getting a cr-1 or IR-1 visa (depending how long u have been married)

[trailmix 77]

If they DCF, it "should" be a lot faster than a year. And When u DCF, you dont have to AOS (Adjust of status) as one is getting a cr-1 or IR-1 visa (depending how long u have been married)

When he says AOS he means affidavit of support

Shame really that they both have the same abbreviation

[j_and_s 0]

When he says AOS he means affidavit of support

Shame really that they both have the same abbreviation

Yes indeed, I was inquiring about the Affidavit of Support. I'll have to read I-864 in greater detail but it appears that the easiest is to ask my in-laws to co-sponsor and set up domicile there to begin with.