DCF in Vancouver for non-permanent residents?

[superspur 0]

Hi,

I am a UK citizen who has lived/worked in Vancouver for the last 3 years. My wife (dual US/UK citizen) and I married here in BC earlier this year, and we both want to move to the US next year.

Reading through the US DHS site and this forum, it seems like a DCF is the fastest way to get a green card. We have been resident in Canada for 3 years but only on Work Visa's, so we are not permanent residents of Canada.

Has anyone applied through the DCF without a Permanent Resident card? Is the DCF route the only option for us? In the guide, the DCF is listed as the only option if a US Citizen and Non-US spouse live overseas. Is it possible to apply for a K-3 visa if my spouse does not live in the US?

[trailmix 77]

Hi,

I am a UK citizen who has lived/worked in Vancouver for the last 3 years. My wife (dual US/UK citizen) and I married here in BC earlier this year, and we both want to move to the US next year.

Reading through the US DHS site and this forum, it seems like a DCF is the fastest way to get a green card. We have been resident in Canada for 3 years but only on Work Visa's, so we are not permanent residents of Canada.

Has anyone applied through the DCF without a Permanent Resident card? Is the DCF route the only option for us? In the guide, the DCF is listed as the only option if a US Citizen and Non-US spouse live overseas. Is it possible to apply for a K-3 visa if my spouse does not live in the US?

Yes, people on work visas can still apply - I do know of at least one VJ Member (Len) who applied and neither her nor her Husband are/were permanent residents of Canada.

DCF is only for an IR1 or CR1 visa - so you can't DCF for a K3 (not sure if you know that).

[superspur 0]

Yes, people on work visas can still apply - I do know of at least one VJ Member (Len) who applied and neither her nor her Husband are/were permanent residents of Canada.

DCF is only for an IR1 or CR1 visa - so you can't DCF for a K3 (not sure if you know that).

Thanks, that is good to know that non-permenant residents can apply through the DCF.

As far as I can tell, we have 2 options:

Apply for an IR1 visa through a DCF in Vancouver, then interview in Montreal.

Mail an I-130, wait for receipt then file for a K3 visa, then interview in Vancouver. My concerns over this route are:

1. My wife hasn't filed US tax returns for 5 years as she has been living outside the US (including 2 years as a grad student). All her money is is Canadian banks/$ and 90% of our assets are in my name.

2. You appear to need a US address to mail/receive the I-130 application.

I would prefer the 2nd option as it means I wouldn't have to fly to Montreal.

[Chica Yeyé 41]

Indeed, you can apply for a CR-1 through DCF and you would interview in Montreal. This is the best option since it gives you the best visa.

It might seem option 2 is easier; but you will only get a K-3 non-immigrant visa and afterward go through adjustment of status, not being able to work in the meanwhile- for much a higher price than what you would pay for a flight to Montreal. Much higher.

Your wife should either file late returns or include a letter indicating why she was not obliged to file. Living abroad does not exempt a USC from the responsibility of filing taxes.

Most DCF filers in your situation need to line up a cosponsor. Assets need to be three times over the poverty lines. As far as domicile, she will have to prove you guys intent to move back to the US: voter's registration, US driver's license, opening a bank account in the US, etc.