USC on visitor visa in Canada, where to apply?

[Peetroe 0]

Hi, I am a Canadian citizen and my wife is an American citizen. We were married in Atlanta, Georgia last October, and my wife moved to Toronto, Ontario with me on a visitor visa (which restarts often as we travel to the USA frequently) while our Canadian PR application was being processed.

8 months later, we've decided we want to move to the USA to be closer to her family, but since her PR application here hasn't been opened yet, she is still a vistor.

I understand this to mean we can't apply using DCF, since she is not a resident here, but since she also doesn't have a residence in the USA, will this cause problems applying for a K3 visa?

thanks!

[Yodrak 7]

precid,

It's an interesting question and the answers can have implications, but she probably can have residence (domicile) in the USA if she wants to claim it. (Which will be the lucky relative, or friend?) Or, I think she can file at the Vermont Service Center.

Yodrak

Hi, I am a Canadian citizen and my wife is an American citizen. We were married in Atlanta, Georgia last October, and my wife moved to Toronto, Ontario with me on a visitor visa (which restarts often as we travel to the USA frequently) while our Canadian PR application was being processed.

8 months later, we've decided we want to move to the USA to be closer to her family, but since her PR application here hasn't been opened yet, she is still a vistor.

I understand this to mean we can't apply using DCF, since she is not a resident here, but since she also doesn't have a residence in the USA, will this cause problems applying for a K3 visa?

thanks!

Edited June 6, 2006 by Yodrak

[Peetroe 0]

we definitely don't want to do anything that is illegal, so we don't want to lie about where she lives.

I am going to try and get in touch with the US consulate here in toronto to ask them about what this procedure should be, but I don't have high hopes of getting answers quickly.

[Yodrak 7]

precid,

I'm not suggesting that you or your wife lie or do anything illegal. I am merely pointing out that where one happens to be residing at the moment need not be their domicile or place of permanent residince. As you have said yourself, your wife may be living in Canada but she's just a visitor there. In any event, as I've already told you, a USC living in Canada who does not qualify for DCF and who does not have a US domicile that they can claim files their I-130 petition with the VSC.

A better source of information than the US consulate would be a US immigration attorney who has reviewed the facts of your situation with you.

Yodrak

we definitely don't want to do anything that is illegal, so we don't want to lie about where she lives.

I am going to try and get in touch with the US consulate here in toronto to ask them about what this procedure should be, but I don't have high hopes of getting answers quickly.

Edited June 6, 2006 by Yodrak

[kiny 0]

Hi, we were in the exact same situation as u were..i am a US citizen and my husband is Canadian I used to visit him often on visitor visa on very long visits but that doesn't mean that i wasn't residing in USA i was jsut a visitor in Canada...I think being a US citizen your wife can easily apply for you all she has to do is to show her residence status in usa (her house address etc.?) We applied through the Vermont Service centre. Hope this helps.

[Jersey Girl 2]

precid, Yodrak and kiny are giving you good advice: your wife has no status in Canada other than a visitor. How long before she becomes a Landed Immigrant? It might be worth waiting for this so she can apply for DCF. This might be quicker and less complicated than applying from a U.S. address.

The only fly in the ointment is that she'll be liable for income tax in both countries. But hey, Toronto is great for beer patios in summer, and it's not so far away from Georgia that she can't visit family from time to time. When did she apply for PR?

[zyggy 9]

precid, Yodrak and kiny are giving you good advice: your wife has no status in Canada other than a visitor. How long before she becomes a Landed Immigrant? It might be worth waiting for this so she can apply for DCF. This might be quicker and less complicated than applying from a U.S. address.

The only fly in the ointment is that she'll be liable for income tax in both countries. But hey, Toronto is great for beer patios in summer, and it's not so far away from Georgia that she can't visit family from time to time. When did she apply for PR?

Vegreville is currently processing In-Canada Spousal Applications that were file before October 6. YOur date may be coming soon..

I agree with some others, I would wait for the PR from CIC to come through and then do DCF... It could be a net shorter process that filing an I-130 through Vermont...

[meauxna 15]

precid, Yodrak and kiny are giving you good advice: your wife has no status in Canada other than a visitor. How long before she becomes a Landed Immigrant? It might be worth waiting for this so she can apply for DCF. This might be quicker and less complicated than applying from a U.S. address.

The only fly in the ointment is that she'll be liable for income tax in both countries. But hey, Toronto is great for beer patios in summer, and it's not so far away from Georgia that she can't visit family from time to time. When did she apply for PR?

Vegreville is currently processing In-Canada Spousal Applications that were file before October 6. YOur date may be coming soon..

I agree with some others, I would wait for the PR from CIC to come through and then do DCF... It could be a net shorter process that filing an I-130 through Vermont...

I'd go one step further and prepare an I-130 packet & go into Toronto and try to file it. I'm sure the Missus has some evidence of her living in Canada during the better part of the past year.

What's the worst thing that could happen? They tell you 'no sir' and direct you to file in the US.

Dealing directly with the Consulates is not so scary.