US citizen married Canadian. Liiving in Canada. We want to move to USA.

[redsoxfan 0]

there is no 'six month' residency rule (

Yikes! Sorry for misinforming!

No problem whatsoever, as this is the only way I am going to learn and understand.

[trailmix 77]

there is no 'six month' residency rule (

Yikes! Sorry for misinforming!

Hey no worries canadian_wife. I think there must be consulates that do have that rule, I have seen that information as well, not sure if it's true for other consulates or not.

Thank you for the replies. I am unsure where I thought I had to wait 6 months from the time of landing in Canada, for the DCF. I have been reading alot in the past few days. Between trying to do the right thing and the issues my daughter is having, my brains on overload. But thank you for taking the time to help me figure things out. It does look as if the DCF is the way to go. My landing papers and health care card will work and serve as me legally being allowed and approved to be in Canada with my husband, for longevity.

Another thing, earlier today, my husband was called for a job in Louisiana on an offshore rig, American based. I am not sure of the outcome. I am heading home from work. But to clarify, how would he being Canadain working for a US company, married to an American, be allowed/legal to work in the USA, if this was immediate? What type of visa should he be listening for?

Thank you for the education.

A TN visa would seem to be the most common.

If it's a larger company, they should be familiar with 'importing' a Canadian for work, it happens all the time (with drilling companies definately). I doubt there is an 'immediate' visa. Even a TN visa can take several months to procure.

My only experience with a TN visa is that my BIL had one, he went to work for a drilling company in Nebraska. Now, my Sister has dual citizenship, however she wasn't sure that she did when he actually got his visa (it had not been documented).

As Warlord mentioned in the thread you started in the Canada forum, there may be some problem with conflict of intent if/when he applies for a work visa but I certainly think it is worth investigating.

Edited August 25, 2009 by trailmix

[txladykat 1]

Ok, your time in Canada applies as long as you continually resided there, regardless of when you actually got the legal residency. For example, in my situation, I arrived in Denmark in October 2008 and applied for residency in December 2008. Shortly thereafter we decided we wanted to live in the US instead, so I contacted the embassy. They said my time began when I arrived in Denmark and continued as long as I didn't leave for a substantial period of time, i.e. continually resided there. Based on my arrival in October, they gave me May 2009 as my eligibility date to file the I-130. We filed on May 1, 2009. At the time I filed, I had not yet received my legal residency, it was still being "processed" by Danish immigration. They embassy didn't care as long as I had resided continously in Denmark.

As for the job issue. The best route is for your husband to accept a position with a delayed start date pending approval of the spousal visa. If he can get a letter of employment offer, that can be counted as income for the Affidavit of Support. Since the employment is US based, his offer of employment can be considered for eligibility purposes. At least that was the case in Denmark, you might want to check with the US embassy in Canada on this point.

There is no way to get your husband here to live until he has been approved.

[redsoxfan 0]

Ok, your time in Canada applies as long as you continually resided there, regardless of when you actually got the legal residency. For example, in my situation, I arrived in Denmark in October 2008 and applied for residency in December 2008. Shortly thereafter we decided we wanted to live in the US instead, so I contacted the embassy. They said my time began when I arrived in Denmark and continued as long as I didn't leave for a substantial period of time, i.e. continually resided there. Based on my arrival in October, they gave me May 2009 as my eligibility date to file the I-130. We filed on May 1, 2009. At the time I filed, I had not yet received my legal residency, it was still being "processed" by Danish immigration. They embassy didn't care as long as I had resided continously in Denmark.

As for the job issue. The best route is for your husband to accept a position with a delayed start date pending approval of the spousal visa. If he can get a letter of employment offer, that can be counted as income for the Affidavit of Support. Since the employment is US based, his offer of employment can be considered for eligibility purposes. At least that was the case in Denmark, you might want to check with the US embassy in Canada on this point.

There is no way to get your husband here to live until he has been approved.

Thanks for the info. I have been reading all the boards I can to educate myself, just as I did when I was filing my paperwork for me, outbound Canada. Though my passport wasn't stamped upon the actual date of arrival into Canada, waved through at the border crossing. Maybe I can and will explain that and use the date of my actual arrival. If it's not accepted then go with the date of landing. Can't hurt. Thanks for making me think outside the box. Sometimes its hard to think outside the box when following guidelines as to what can make or break a situation. You added human insight for me.

Another great point you provided on using a pre- employment offer letter for my husband. I can also show proof we have both been applying for companies within the States. I do have a question. Once the I-130 is filed and approved, are we free to roam the cockpit into the states and for the interview, return? I have read different responses to this.

I can't wait to be home. I miss America.

[trailmix 77]

He can visit the U.S. - you have probably read varying information on this here as some countries require a visitor's visa to visit the U.S. and for many countries they are not issued when an immigrant visa is pending, generally. Also, Canadian's do get turned back at the border as well, of course - but as there is no visitor's visa to apply for, this won't be known until you attempt to cross the border.

When visiting the U.S. he should be sure to bring strong ties to Canada with him. A lease or mortgage document, a letter from an employer saying when he will return, bank statements a current utility bill, things like that. If the agent at the border suspects that he is attempting to enter the U.S. to take up residence they may refuse him entry. Another thing they may do is issue an I-94 with a date he must return by. Now, they may just wave you all through the border and say have a good trip - but it's always better to be prepared in case they do ask for evidence.

Technically an offer of employment cannot be counted towards the affidavit of support - per this guideline from the Adjudicator's Field Manual on the I-864, so I would be very cautious with that and definately suggest that you do email the Montreal consulate and ask if that would be acceptable to them, if you decide to rely on that as 'proof of income'.

(4) Use of Intending Immigrant's Income . If the sponsor does not meet the income requirement on the basis of his or her own income and/or assets, the sponsor may also count the intending immigrant’s income if (1)(a) the intending immigrant is either the sponsor’s spouse or b has the same principal residence as the sponsor, and (2) the preponderance of the evidence shows that the intending immigrant’s income results from the intending immigrant’s lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status. The prospect of employment in the United States that has not yet actually begun does not count toward meeting this requirement.

Edited August 27, 2009 by trailmix

[redsoxfan 0]

Thank you for the information and link above. Trailmix, and everyone else, in showing your proof of assets, were these liquidated? I apologize for being personal. I only ask because if my husband and I combined our savings; USD and CD, and stocks and bonds and it totaled a little over the $18, 213, would this relinquish us

having to use a co-sponsor? In addition, would a RSVP (Canadian account) and 401 (US account) be permissible as a contributing factor?

The only hiccup we are foreseeing is the co-sponsor; though doable.

Thanks for the help.

[trailmix 77]

Thank you for the information and link above. Trailmix, and everyone else, in showing your proof of assets, were these liquidated? I apologize for being personal. I only ask because if my husband and I combined our savings; USD and CD, and stocks and bonds and it totaled a little over the $18, 213, would this relinquish us

having to use a co-sponsor? In addition, would a RSVP (Canadian account) and 401 (US account) be permissible as a contributing factor?

The only hiccup we are foreseeing is the co-sponsor; though doable.

Thanks for the help.

Hi Redsox,

I actually answered this in your other thread in the Canada forum, so i'm just pasting my reply here:

In a nutshell, you will need sponsorship to file family immigration paperwork for your Husband. There are 2 ways basically:

1. Get a co-sponsor (as you mentioned - not a viable option)

2. Use assets. Do you own your own home? Have more than 1 car? Have cash in the bank or RRSPs or other investments?

Basically to sponsor him you will need 3 times 125% of the poverty guidelines in assets - which can be a house for instance - anything that can easily be converted in to cash within one year. For 2009 that would be $54,636 (USD)

From the I-864. (affidavit of support)

"Assets may supplement income if the consular or immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members. You may not include an automobile unless you show that you own at least one working automobile that you have not included".

[txladykat 1]

Hi redsox. We actually filed the I-130 in Denmark then both came to the states a week later (my husband, the immigrant, came on the visa waiver). We both remained here until time for his interview in Denmark (2 months after filing). Of course every POE and every immigration officer is going to be different, but they never even questioned us about why he was here, etc., they only asked how long he would be staying, then stamped his passport and off we went.

[tibortt 0]

If qualify for DCF then I suggest you do that as soon as you can, it won't take as long as if you return to the US then file the forms. It is the quickest way.

He is able to visit you, as long as he doesn't overstay.

Read the guides as to what forms to fill out

Good luck.

Unfortunately, I/we do not qualify. My time frame as a legal resident in Canada did not begin until March 2009. Therefore, I have to choose another way.

I was going to try the I-130 way, but file when we arrive in the states, stating his actual date of arrival. Thats why I was wondering if I can file this while he is there, in the US with me, cause I seen on the form where I should include his date of arrival and was hoping we could be together during the process.

Unfortunately, no, he cannot move to the US until after he receives the immigrant visa - the CR-1. If he gives any indication of actually moving to or living in the US during this process he will be turned back at the border. His date of arrival has to be after the visa is approved, not before, unless he is already in the US legally on another type of visa. That is why the I-130 has that date of arrival request - the I-130 is also used to sponsor family members who are in the US on other visas. There really is no way that you can live in the States during this process unless he is already legally in the US. If you go the CR-1 route, you are going to have to expect some period of separation. If you wait until you are eligible for DCF you can complete the processing with you in Canada, which means you won't be separated. You will have to 'prove' domicile in the US as well, which will mean having a place to live and a job lined up. For both situations you are also going to require either US based income, or sufficient assets (3 times 125% of the poverty level for a household your size) or arrange a US based co-sponsor.

Canadian immigration is faster than the US. DCF is the fastest method of getting your husband to the US, although you will have to wait until you meet the qualifying criteria (November isn't that far away). Starting the CR-1 now or waiting until you can DCF in November will probably get your husband to the US in about the same time as CR-1 is a longer process, approximately 1 year.

Good luck.

Hi Kathryn, I have a question as well. I am USC working in Ireland, filing DCF for my wife. I made well over 125% for 2008 and I have filed taxes for each year since I have been here (3 yrs.). Do I need to show assets even though my income here in Ireland is well over $22,800 or the tax returns will be sufficient? - Thanks in advance - tibortt

[Kathryn41 3,205]

From my understanding - and if I am wrong I know someone will correct me - you need to have US sourced income so even though you earned sufficient in Ireland, that income isn't going to continue in the US. You will need to have an income source in the US or else assets equal to 3 times the poverty level or a co-sponsor who can sign the Affidavit of Support who does meet the income requirement with US sourced income.

[tekkon 0]

I gave you a detailed response in the Canada thread - but about filing DCF - there is no 'six month' residency rule (see below). Do you have a provincial health care card? A provincial driver's license? The six months comes in to it if you are interviewing in Montreal, they want to know that you have a visa that will allow you to remain in Canada for at least 6 months.

Documents required at the time of filing an I-130 at U.S. consular officers in Canada: link

Form I-130 for each intending immigrant, regardless of age

.

Payment of the filing fee for each I-130 of US$355. Payment may be in cash or credit card if applying in person. If initially by mail to Toronto, it may be by US$ money order or cashier's check. A receipt is returned to the petitioner after filing.

Two Biographic Information Forms (G-325A) - one for the petitioner, one for the beneficiary; with recent passport-style photo attached to the bottom right corner or the form.

Evidence of the petitioner's U.S. citizenship, such as a U.S. passport, U.S. birth certificate or U.S. Naturalization or Citizenship Certificate.

Evidence of Petitioner's legal long term residence status in Canada, such as a provincial healthcare card, provincial driving license or Canadian immigrant card.

Petitioner's complete long form birth certificate (if filing on behalf of a parent.)

Beneficiary's complete long form birth certificate.

Both parties' Current complete marriage certificate.

All parties divorce decrees or death certificates showing termination of all prior marriages of petitioner and beneficiary and any derivative relatives, if marriage is the basis of the qualifying relationship, i.e. spouse or stepchild relationship.

If applicant's name is different from that on his/her birth certificate, all past marriage certificates, court decrees or other legal evidence of a name change.

Original documents (i.e. civil records issued under the original seal, stamp or signature of the government or official custodian) must be presented to the U.S. consular officer together with a photocopy. Original documents will be returned. Any document written in a language other than English must be accompanied by a certified translation.

You may photo-copy your U.S. naturalization certificate for use by the U.S. Government contrary to the prohibition stated on the certificate. If the petitioner submits photocopies to Vermont, the beneficiary must submit the originals at the time of the immigrant visa interview.

Just for clarification...I DCF'd thru Toronto and I believe there is a 6 month residency rule. This is quoted on the toronto consulate's website:

Copies of multiple evidence of the petitioner's & beneficiary's lawful residence in Ontario, Canada, e.g. immigration documents, provincial health card or driving license, lease, utility or banking statements over time. The petitioner must also show a long term visa or other permission from Canadian immigration authorities to reside in Ontario, Canada and have done so for at least 6 months before filing the I-130.