seriously considering the DCF

[pinguino_41 0]

Hi All,

Im new to VJ, posted on a general forum and was recommended to post on the DCF forum.

Im American and my boyfriend is Canadian. We've been together for 6 years now, back and forth between the States and Canada. To our knowledge we've done everything legal up to this point.

Currently, we are living in Halifax. Ive been here since August on a visitor visa and then working legally on a NAFTA visa since Dec 26. Ive been reading that I should be in Canada 6 months before applying DCF. Would I be eligible with a visitors visa? Or would the 6 months be from the date I got my work permit?

In a couple of weeks we'll be going down to visit my sister in CA and we're stopping by Vegas. We're thinking its about time we tie the knot.

Once back in Canada, we'd like to begin the process of filing for our DCF visa. People have mentioned this is the fastest way to go. Does anyone have an average idea of when we would be able to move back to the States for work? Is there a time restraint between when your are finally done with the DCF paperwork and to when you must move back to the States? Is it true he gets his Green Card when crossing the border?

Does anyone have feedback on the advice you receive from FREE CONSULTATIONS over the phone. I spoke to someone yesterday and they said the best thing to do would be to wait to get married. My boyfriend would need to get a job offer and apply for a TN or NAFTA work permit for the States. Move to the States. Get married once in the States. Then apply for change of status from a TN/NAFTA to a CR1 visa? Should I trust this opinion as the most convenient to our situation....

Its tough to know who to trust?

Thanks so much in advance for any advice,

Pinguino_41

[Penguin_ie 5,996]

Visitors visas don't usually count towards the residency requirement, but each consulate is slightly different.

DCF takes somewhere between one and two months, assuming you are prepared with everything. Once you get the visa, you have 6 months to move to the USA, but the visa is multi entry, so you could go back and forth a few times if needed.

When he crosses the border, he will get a stamp on his visa in his passport which will act as a temporary green card for up to a year. The physical green card will be mailed to your US address 2-3 months after first entry.

[trailmix 77]

I'm not sure when they start counting the residency 'from'. To get a firm answer you should email the consulate he would be interviewing at (Montreal). Montreal-IV-DV@state.gov. They can take several days to reply - they do not accept phone calls.

Alternately you could contact your nearest U.S. embassy/consulate (not sure which one that is) and ask them if they would accept a DCF application, based on your residency.

I'm not sure what the legal ins and outs are with a switch from a TN visa to an Immediate Relative visa, so no info for you there. What I do know is that TN visas are not 'instant' - they can take months and months to procure - so it might just be faster to apply while you are both in Canada. It will take more than 2-3 months to get a CR1 visa in Canada. The scheduling of the interview, alone, from the time your paperwork is completed - will take 2-3 months.

Note on jurisdiction. Immigrant visa processing at the United States Consulate General in Montreal is limited to:

• Canadian citizens and landed immigrants.

• Non-Canadians who reside temporarily in Canada and have the permission of the Canadian government to remain in Canada at least six months (for example, those on a study permit).

• Persons now residing in the United States whose most recent foreign residence was in Canada. “Most recent foreign residence” means that you were a student, temporary worker, or landed immigrant in Canada for at least six months prior to moving to the United States.

Please note that this list does not include refugee claimants, unless and until they have subsequently been granted refugee status in Canada. link

You will also probably want to have a look at the DCF guide and then the CR1 guide:

DCF Guide

CR1 Guide

Edited February 10, 2009 by trailmix