Canadian DCF Application

[kimberlyk21 1]

Hello everyone,

I'm new to this site and I am hoping that perhaps your experiences might help my husband and I to figure out the best way to apply for my US Green Card...

This is our story:

We were married in Alberta, Canada on November 16, 2006.

He is a US Citizen and has been living here since December 2006.

His Permanent Residence status was approved on June 21, 2007.

We have been residing in Alberta since we were married.

Just bought our first house in Sept 08.

I am pregnant with our first child, due in February 2010.

Our goal is to move back to the USA by August/September 2010.

I have so many questions but I guess I will just begin by asking for others advice for handling our situation first. What is the best route for us to take? I have read so much already I am thouroughly confused!

Some questions that we have are:

-We want our child to have dual citizenship before we leave (Consular Report of Birth Abroad)... Will we need to submit any paperwork (I-130) for our child when he applies for me? I have read about a K-4 form but does that apply to a child that is already a US citizen but has never lived in the USA?

-Is the I-864 required for a DCF application? And if so, are they asking for our income for the last 3 years we have lived in Canada? I don't understand how we can prove that we will meet the 125% requirement if we both move back to the US at the same time... Unless they count our house as equity...

Would my hubby have to have a job secured in the USA first? How does this form work? I know that when I sponsored him to move here we were exempt from the monetary requirements as it was a spousal sponsorship.... I am so confused about this!!

-Can we file our application before our child is born? I'm guessing not but I thought I'd see if anyone has ever been in a situation like ours....

Is there a time limit for us to move once our application has been approved and I am legally allowed to enter?

Any other information or advice that anyone could provide to us would be greatly appreciated! I'd love to hear other's stories as well!

Thanks so much everyone!!!

[Malrothien 6]

Hello everyone,

I'm new to this site and I am hoping that perhaps your experiences might help my husband and I to figure out the best way to apply for my US Green Card...

This is our story:

We were married in Alberta, Canada on November 16, 2006.

He is a US Citizen and has been living here since December 2006.

His Permanent Residence status was approved on June 21, 2007.

We have been residing in Alberta since we were married.

Just bought our first house in Sept 08.

I am pregnant with our first child, due in February 2010.

Our goal is to move back to the USA by August/September 2010.

I have so many questions but I guess I will just begin by asking for others advice for handling our situation first. What is the best route for us to take? I have read so much already I am thouroughly confused!

Some questions that we have are:

-We want our child to have dual citizenship before we leave (Consular Report of Birth Abroad)... Will we need to submit any paperwork (I-130) for our child when he applies for me? I have read about a K-4 form but does that apply to a child that is already a US citizen but has never lived in the USA?

If you file CRBA, you do not need to file for a visa for the child as they will have citizenship derived from your husband.

-Is the I-864 required for a DCF application? And if so, are they asking for our income for the last 3 years we have lived in Canada? I don't understand how we can prove that we will meet the 125% requirement if we both move back to the US at the same time... Unless they count our house as equity...

Would my hubby have to have a job secured in the USA first? How does this form work? I know that when I sponsored him to move here we were exempt from the monetary requirements as it was a spousal sponsorship.... I am so confused about this!!

Yes, I864 is required. You will need a cosponsor unless you have assets 3x the 125% limit.

-Can we file our application before our child is born? I'm guessing not but I thought I'd see if anyone has ever been in a situation like ours....

Yes you can.

Is there a time limit for us to move once our application has been approved and I am legally allowed to enter?

The visa is valid for 6 months. You must enter the US before that 6 months is up.

Any other information or advice that anyone could provide to us would be greatly appreciated! I'd love to hear other's stories as well!

Thanks so much everyone!!!

[payxibka 10,047]

Some questions that we have are:

-We want our child to have dual citizenship before we leave (Consular Report of Birth Abroad)... Will we need to submit any paperwork (I-130) for our child when he applies for me? I have read about a K-4 form but does that apply to a child that is already a US citizen but has never lived in the USA? USC Citizen does not require a visa... If you receive the CRBA then the child is eligible for a US passport as well

-Is the I-864 required for a DCF application? Yes And if so, are they asking for our income for the last 3 years we have lived in Canada? I don't understand how we can prove that we will meet the 125% requirement if we both move back to the US at the same time... Unless they count our house as equity... Might need a joint sponsor then

Would my hubby have to have a job secured in the USA first? He could do that How does this form work? I know that when I sponsored him to move here we were exempt from the monetary requirements as it was a spousal sponsorship.... I am so confused about this!! No similar exemption on the US side of immigration

-Can we file our application before our child is born? I'm guessing not but I thought I'd see if anyone has ever been in a situation like ours.... Yes, because the petition does not affect the child if he will be a USC

Is there a time limit for us to move once our application has been approved and I am legally allowed to enter? 6 mos. after visa is issued

[kimberlyk21 1]

Wow, thanks so much for the fast replies!!!

I was reading more about the DCF process on this site and found the step by step list of what will happen. I am trying to gather all the forms that we will need to submit.

So far I have found Form I-130 and the forms that are suppose to go with that. Once we have submitted those this site says that if it's approved we will need to file for either a IR-1 or CR-1 Visa. Does anyone know the difference between these?

Also, does anyone know where we can find a copy of the DS-230 form and list of documents required for this so we can have that all ready too?

I have also read about the K-3 visa which from my understanding speeds up the process as I will be able to wait in the states for approval... Has anyone here done this? Is it really faster?

I was also wondering if anyone knows how long processing times are right now? Does anyone have any timelines to share?

Thanks again!!

[Malrothien 6]

Wow, thanks so much for the fast replies!!!

I was reading more about the DCF process on this site and found the step by step list of what will happen. I am trying to gather all the forms that we will need to submit.

So far I have found Form I-130 and the forms that are suppose to go with that. Once we have submitted those this site says that if it's approved we will need to file for either a IR-1 or CR-1 Visa. Does anyone know the difference between these?

By filing an I130, you are filing for a CR1/IR1 visa. The difference between the two is length of marriage. If you have been married 2 years+, you will receive an IR1 visa which is a 10 year green card. If you are under 2 years married, you will receive a CR1 visa, which is a 2 year conditional green card. In the guides, there is explanations for all of this.

Also, does anyone know where we can find a copy of the DS-230 form and list of documents required for this so we can have that all ready too?

Any forms, etc, can be found using google or the Department of State website.

I have also read about the K-3 visa which from my understanding speeds up the process as I will be able to wait in the states for approval... Has anyone here done this? Is it really faster?

K3 is ineligible for DCF. It is also not any faster any more.

I was also wondering if anyone knows how long processing times are right now? Does anyone have any timelines to share?

Other Canadians who have DCF's are taking about 6-8 months currently.

Thanks again!!

[payxibka 10,047]

.

So far I have found Form I-130 and the forms that are suppose to go with that. Once we have submitted those this site says that if it's approved we will need to file for either a IR-1 or CR-1 Visa. Does anyone know the difference between these? Age of marriage at time of visa issuance.. less than 2 years = CR.. otherwise IR

Also, does anyone know where we can find a copy of the DS-230 form and list of documents required for this so we can have that all ready too? google it

I have also read about the K-3 visa which from my understanding speeds up the process as I will be able to wait in the states for approval... Has anyone here done this? Is it really faster? Why do you think you can wait inside the USA for a K-3?

I was also wondering if anyone knows how long processing times are right now? Does anyone have any timelines to share? DCF is by far the fastes

[kimberlyk21 1]

Thanks for the info!! I will google that form... Just wanted to make sure that I get the most updated/right form...

I didn't mean that I could wait for the K-3 in the states. Just wondered if applying for one, then once I have it, waiting in the US for the I-130 approval would be any faster. Some sites say that it is.

[Malrothien 6]

Thanks for the info!! I will google that form... Just wanted to make sure that I get the most updated/right form...

I didn't mean that I could wait for the K-3 in the states. Just wondered if applying for one, then once I have it, waiting in the US for the I-130 approval would be any faster. Some sites say that it is.

As said above, you cannot DCF a K3 visa.

[payxibka 10,047]

Thanks for the info!! I will google that form... Just wanted to make sure that I get the most updated/right form...

I didn't mean that I could wait for the K-3 in the states. Just wondered if applying for one, then once I have it, waiting in the US for the I-130 approval would be any faster. Some sites say that it is.

If you had a K-3 and entered the USA then why do you need another visa? You would be here and then simply adjust status from inside the USA...

Having said that, the K-3 process begins with an I-130 petition and then followed by the I-129F later (a couple weeks later)... recently the I-130's and I-129f's are typically being approved at the USCIS service center concurrently... thus no real advantage anymore... DCF AVOIDS the USCIS service centers... the service centers are the biggest delay in either or any stateside begun petition/visa process...

Edited September 22, 2009 by payxibka

[trailmix 77]

Hi,

The K3 is sometimes faster - not that much for processing time in general, however as you live in Alberta you would be eligible to do the interview in Vancouver, they do schedule appointments much faster than Montreal, if you choose the IR1/CR1 you must interview in Montreal. That said, the K3 also involves adjusting status once you get to the U.S. and you cannot work until you receive the employment authorization document (EAD) or your green card, whichever shows up first.

Also adjusting status is an additional $1010 I believe (someone please correct me if I have this filing fee wrong)

IR1/CR1/IR5

All IR1 /CR1 and IR5 visas will be processed/interview at Montreal.

K Visas

K visas are processed/interviewed at both Montreal and Vancouver, depending on your Province of Residence:

Manitoba and West: Vancouver

Ontario and East: Montreal

As someone else also stated, yes, the U.S. citizen will have to file an affidavit of support and no, you cannot count income earned in Canada. You may be able to use your foreign property as an asset to meet this, if you have enough equity - not sure. Someone asked this same question in the Canada forum last week, they haven't come back with the answer yet (they were emailing Montreal I believe).

Documents you will need to submit with the DS-230 can be found here:

http://travel.state.gov/visa/immigrants/info/info_3190.html

I would recommend that you read the I-864 and the instructions for the documents to be sent with the DS-230 and then come back with any questions you have

Edited September 22, 2009 by trailmix

[kimberlyk21 1]

Thanks so much!! That is most helpful!!

Of course, I now have other questions as I have continued my research... ha, ha

The one thing that I'm still not sure about is if we can even file a DCF here... My hubby has been residing here with me for the last 3 years. Does he not have to prove Domicile in the USA in order to even sponsor me? How can he do that if he doesn't have property down there and has everything up here with me?

Also, does anyone know where I can find more detailed info about co-sponsors in order to meet the financial responsibilities? We only have about $100K CAD equity in our home. If my hubby has no income in the USA then we don't meet the 5x125% that is needed...

If we have a co-signer do they need to only make up the difference that we do not or the entire 125%? If my hubby was to move back before me to get a job and secure a place to live (establish his Domicile) then would we still be able to apply DCF? He wouldn't be residing here anymore... This is confusing! It's just like Canadian immigration all over again

[trailmix 77]

Thanks so much!! That is most helpful!!

Of course, I now have other questions as I have continued my research... ha, ha

The one thing that I'm still not sure about is if we can even file a DCF here... My hubby has been residing here with me for the last 3 years. Does he not have to prove Domicile in the USA in order to even sponsor me? How can he do that if he doesn't have property down there and has everything up here with me?

Also, does anyone know where I can find more detailed info about co-sponsors in order to meet the financial responsibilities? We only have about $100K CAD equity in our home. If my hubby has no income in the USA then we don't meet the 5x125% that is needed...

If we have a co-signer do they need to only make up the difference that we do not or the entire 125%? If my hubby was to move back before me to get a job and secure a place to live (establish his Domicile) then would we still be able to apply DCF? He wouldn't be residing here anymore... This is confusing! It's just like Canadian immigration all over again

For domicile information you might want to have a look at this thread:

http://www.visajourney.com/forums/index.ph...164618&st=0

Is it only you and your Husband? If so you only need 3 x's the poverty guidelines in assets (must be U.S. dollars in value too btw)

No, a co-sponsor must be able to support all, they cannot make up the difference.

If he moves to the U.S. he does not have Canadian residency and you cannot file DCF.

And it's not like Canadian immigration at all, Canadian immigration is much more straight forward (just wait and see) Where do you live in Alberta? (we are in Calgary)

Edited September 22, 2009 by trailmix

[kimberlyk21 1]

Thank you SO MUCH for this information!! I did read through the instructions for I-864 but it's so confusing!

And if Canadian immigration is easy compared to this then I'm totally screwed! ha ha

We are in Edmonton. It is just me and my hubby right now but I'm prego with our first which we want to have here (due in Feb 2010) because of the health care and the Stollery (God forbid we need it but it's here). Plus then we will be obtaining dual citizenship for our child too.

So would that mean that we would still only need 3x125%? Or because it'll be three of us would we need the 5x125%? I can't find anything concrete on this. Every website says something different! grrrrr

So have you sent in your application already? I think you are my new best friend I hope you don't mind if I ask you a million questions

[trailmix 77]

Thank you SO MUCH for this information!! I did read through the instructions for I-864 but it's so confusing!

And if Canadian immigration is easy compared to this then I'm totally screwed! ha ha

We are in Edmonton. It is just me and my hubby right now but I'm prego with our first which we want to have here (due in Feb 2010) because of the health care and the Stollery (God forbid we need it but it's here). Plus then we will be obtaining dual citizenship for our child too.

So would that mean that we would still only need 3x125%? Or because it'll be three of us would we need the 5x125%? I can't find anything concrete on this. Every website says something different! grrrrr

So have you sent in your application already? I think you are my new best friend I hope you don't mind if I ask you a million questions

Still only 3 times in assets, even with your child included.

The answer is actually in the I-864 instructions, page 9, item 29.

That's why I recommended reading the form instructions first, especially if you are surfing from site to site. One site might say "you need 5 x 125% in assets to qualify" - well that is true if you are petitioning, say, your Mother. So they only give you a piece of the information.

I also recommend that you stick with 1 site, be that VJ or some other site - for the above reason, you will just get more confused in my opinion.

Yes, we have already done the IR1 visa, although we did not file DCF as it was not allowed at the time - they had suspended it temporarily. My Husband received his visa, we moved to Florida for 15 months and moved back to Calgary last month!

As an aside, just so you know, you will have to travel to Vancouver for the immigration medical, they don't do them in Alberta anymore, Vancouver is the closest.

Oh and you may want to have a look at the VJ Wiki Canada page http://www.visajourney.com/wiki/index.php/Canada and you may also want to drop by the Canada forum, lots of friendly people and good Canadian specific information there http://www.visajourney.com/forums/index.php?showforum=93

Edited September 22, 2009 by trailmix

[kimberlyk21 1]

Thank you SO MUCH for this information!! I did read through the instructions for I-864 but it's so confusing!

And if Canadian immigration is easy compared to this then I'm totally screwed! ha ha

We are in Edmonton. It is just me and my hubby right now but I'm prego with our first which we want to have here (due in Feb 2010) because of the health care and the Stollery (God forbid we need it but it's here). Plus then we will be obtaining dual citizenship for our child too.

So would that mean that we would still only need 3x125%? Or because it'll be three of us would we need the 5x125%? I can't find anything concrete on this. Every website says something different! grrrrr

So have you sent in your application already? I think you are my new best friend I hope you don't mind if I ask you a million questions

Still only 3 times in assets, even with your child included.

The answer is actually in the I-864 instructions, page 9, item 29.

That's why I recommended reading the form instructions first, especially if you are surfing from site to site. One site might say "you need 5 x 125% in assets to qualify" - well that is true if you are petitioning, say, your Mother. So they only give you a piece of the information.

I also recommend that you stick with 1 site, be that VJ or some other site - for the above reason, you will just get more confused in my opinion.

Yes, we have already done the IR1 visa, although we did not file DCF as it was not allowed at the time - they had suspended it temporarily. My Husband received his visa, we moved to Florida for 15 months and moved back to Calgary last month!

As an aside, just so you know, you will have to travel to Vancouver for the immigration medical, they don't do them in Alberta anymore, Vancouver is the closest.

Oh and you may want to have a look at the VJ Wiki Canada page http://www.visajourney.com/wiki/index.php/Canada and you may also want to drop by the Canada forum, lots of friendly people and good Canadian specific information there http://www.visajourney.com/forums/index.php?showforum=93

THANK YOU THANK YOU THANK YOU!!! You just made my day!! This info has gotten us off to a great start.

Now all we have to decide is when is the best time for us to send in our I-130 form and get this process started if we are hoping to move in August 2010....