Local Consulate office not sure what DCF is? Can I still file anyway? I-130 Form

[Lynne Jenkins 0]

Well here I again starting from scratch. I feel like I am not getting anywhere with my process.

Just to re-brief, I am a Canadian Citizen and am now engaged to a US Citizen. We have been in a common law relationship for 4 1/2 years. He has been living in Canada as a visitor for the past 3 years. He was initially in Canada on a work contract. 2 years after his work contract expired but he continued to reside in Canada. He would go back home for a week at a time a few times a year if that. Because he was very financially stable, he was able to continue living in Canada without having to work. We are thinking of moving back to the US in the very near future after we are married.

Now I was informed that we could get married either in Canada or the US and file a petition for Direct Consular filing. This would enable me quick access to reside with him in the US. But I was also told because he did not have actual Canadian work residency, that we are not eligible??

We have still been in a long term relationship for nearly 5 years? Isn't that what the want proof of? He was here legally otherwise they would not have continued to allow him back into Canada each time without question?

I called the US Consulate in Vancouver, where the Re-directed me back to the US ConSulate office here in Calgary where I reside. When I called the US Consulate office here in Calgary, she had no clue what DCF was and told me to call the US Consulate in Vancouver or Montreal??? So I am just being passed around without getting my questions answered. If we get married in 2 weeks as we had planned where do I start? Do we just get married and I file the I-130 form for DCF anyway and hope it lands in the right hands? Or do I in fact have to take the long route and file for a Visa? I don't even know what kind of Visa my situation calls for? Finacee? Immigrant Visa?? Please help! I am so confused and really just want to start this process with a positive result.

Thanks

[Malrothien 6]

How is your fiance legally in Canada? He has to be here on a work visa, be a permanent resident, things of that nature in order to DCF. Montreal is the only consulate in Canada that actually processes DCF, but you can physically bring it to the consulate in Calgary who will then send it on to Montreal. But in order to DCF, you must be married.

[Lynne Jenkins 0]

It may have been the fact that he does have a son here in Calgary? He also owned a home here? The first 2 years he was residing in Calgary, it was on a work contract. In total he has been here for a little over 5 years without issue? I think we will start off with getting married. Then fill out the I-130 forms and bring it to the US Consulate in Calgary where they can forward it over to Montreal on our behalf? I am wondering if it will get rejected because he was not an actual resident on Canada? If it is rejected will this hurt us in then having to apply for a Visa ect?

[Malrothien 6]

It may have been the fact that he does have a son here in Calgary?

That doesn't matter when it comes to his legal status in Canada.

He also owned a home here?

Unfortunately, that still doesn't give him legal status in Canada.

The first 2 years he was residing in Calgary, it was on a work contract. In total he has been here for a little over 5 years without issue?

Technically, after his work contract ended, his work visa was expired. Being in Canada more than 6 months is "overstaying".

I think we will start off with getting married. Then fill out the I-130 forms and bring it to the US Consulate in Calgary where they can forward it over to Montreal on our behalf?

If your husband does not have a valid visa, he isn't eligible for DCF. He will have to file the I130 in the US.

I am wondering if it will get rejected because he was not an actual resident on Canada? If it is rejected will this hurt us in then having to apply for a Visa ect?

It won't hurt you, no, but it'll push your timeline back.

Trailmix will correct me if I am wrong regarding the visitor status and DCF.

[Lynne Jenkins 0]

Ok this inf. has been most helpful. Thank you! I am sure you are correct that without him being an actual resident of Canada, we will not be able to do the DCF.

At least I have a better understanding as to what we need to do.

So step one: Get Married! Step 2: He has to submit and file the I-130 form on my behalf. If we are just filing the I-130 without applying for DCF, are we appling for a immigrant visa or a change of status? If you can offer a suggestion to the best method of filing based on our circumstance, it would be greatly appreciated. I would like to be able to start working in the quickest way possible.

[Malrothien 6]

He will file the I130 with the Vermont Service Center. I, too, live in Canada (I am a US citizen). I filed at VSC with no problems.

The I130 is the CR1 visa - which is an immigrant visa.

[Lynne Jenkins 0]

He will be moving back home once we are married. So should we still file the I-130 form with the VSC? Or would he file with a local office in his area? He will be residing in Los Angeles, California? Sorry for all the questions. I didn't expect it to be so complicated =0)

[Malrothien 6]

He will file with CSC, I believe. It's based on what state you live in.

[trailmix 77]

For the record people can file their I-130 at the U.S. consulate in Calgary, I can only guess that the person you spoke to did not know what they were talking about. Mal is right, your soon to be Husband is technically not a long term resident of Canada, you cannot file DCF.

One of the requirements for DCF in Canada is:

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

He's just been lucky that they haven't refused him entry at the Canadian border up to this point.

Oh and your application, from start to issuance of visa in Montreal will take around a year according to current wait times.

As for where you mail your I-130 to: link

Petitioners who reside in AK, AZ, CA, CO, Guam, HI, ID, IL, IN, IA, KS, MI, MN, MO, MS, MT, NE, NV, ND, OH, OR, SD, UT, WA, WI, or WY must file their stand-alone Form I-130s with the Lockbox using the following address:

USCIS

P.O. Box 804625

Chicago, IL 60680-4107

Edited September 23, 2009 by trailmix

[Lynne Jenkins 0]

So if he moves back to the US after we marry, he will need to file via the CSC? I gather that stands for California Service Center? Or am I able to process all of the paper work prior to him moving and then file it myself in Calgary? I was under the impression that he had to file this on my behalf?

Is filing the I-130 the quickest method for us to use? Or should we not get married yet, wait until he moves and the apply for a Fiancee Visa? Or can we just get married as intended and then have him file for an adjustment of status?

When I checked on the Vermont Service Center's website, it noted there that the I-130 form takes approx. 5 months to process. That didn't sound so bad, however a year is a really long time to be apart especially just after being newly married. It doesn't seem like a nice way to spend the first year of marriage.

[trailmix 77]

So if he moves back to the US after we marry, he will need to file via the CSC? I gather that stands for California Service Center? Or am I able to process all of the paper work prior to him moving and then file it myself in Calgary? I was under the impression that he had to file this on my behalf?

Is filing the I-130 the quickest method for us to use? Or should we not get married yet, wait until he moves and the apply for a Fiancee Visa? Or can we just get married as intended and then have him file for an adjustment of status?

When I checked on the Vermont Service Center's website, it noted there that the I-130 form takes approx. 5 months to process. That didn't sound so bad, however a year is a really long time to be apart especially just after being newly married. It doesn't seem like a nice way to spend the first year of marriage.

Hi,

I think you are getting a bit confused about all this, so i'll try to explain it better.

You need to file at the address for the Chicago lockbox that I gave you above. You cannot file in Calgary, in order to file in Calgary your Husband would have to be a legal long term resident of Canada AND he would have to be living in Canada - not the U.S. - he does not meet this criteria - so, you need to mail it in to Chicago.

You could not get married and apply for the fiancee visa, or you could get married and apply for a K3 visa. With a K visa your appointment for interview would be in Vancouver, since you live in the west - Vancouver schedules interviews a bit faster, so it might be 2-3 months quicker. However, keep in mind that with a K visa you have to adjust status once you get to the U.S. (and for a finacee visa you must be married within 90 days as well) - so you will not be able to work right away or in the case of a K1, leave the country until you get your paperwork.

For a better understanding you may want to click on the Guides tab at the top of this page and read the guide for each of the 3 visas - K1, K3 and CR1.

Yes, the I-130 may currently be taking 5 months to process, however that is just the first step. In the case of a CR1 visa you would then have paperwork to take care of with the National visa center then you have to wait the 3-4 months to get an interview in Montreal.

I don't know if it's necessary for your Husband to travel back to the U.S. soon? Have you considered applying for his Canadian permanent residency now and while that is processing you could apply for a CR1 and do the initial filing in Calgary (you would have to be married first).

Edited September 23, 2009 by trailmix

[Lynne Jenkins 0]

Yes it seems that I am more confused then I thought. So looking at the Guides for the different types of Visa's, I think the CR-1 Visa seems like the best option. Sounds like a one shot deal as in once it's approved, your all set. No need to do an Adjustment of Status ect. And I would be able to work upon arrival to the US. It will mean staying behind for up to a year before we can be together. I was concerned about the CR1 process as there was a comment stating: Applicant will most likely "Not" be able to enter the US during this time?? So I wouldn't even be able to Visit or anything for up to a year? It almost doesn't make sence? If this is the case, I might have to go with the K1 Visa. I just want to be certain that once I arrive in the US I can start work right away. That is very important to me. From what I read the K1 Visa will allow us to get the paper work processed, I remain in Canada until approved and then I can move and commence work in the US?

So if I go with the CR1 Visa, do I have him file the I-130 form and they will advise what else needs to be done as things progress?

[trailmix 77]

Yes it seems that I am more confused then I thought. So looking at the Guides for the different types of Visa's, I think the CR-1 Visa seems like the best option. Sounds like a one shot deal as in once it's approved, your all set. No need to do an Adjustment of Status ect. And I would be able to work upon arrival to the US. It will mean staying behind for up to a year before we can be together.

Yes it will be around a year. The CR1 is not 100% a one shot deal. CR1 stands for 'conditional resident' - you have to remove conditions after 2 years. You will then receive a 10 year green card. If you had been married for 2 years or more, it would be an IR1 and you would automatically get a 10 year green card.

I was concerned about the CR1 process as there was a comment stating: Applicant will most likely "Not" be able to enter the US during this time?? So I wouldn't even be able to Visit or anything for up to a year? It almost doesn't make sence?

This is true for many countries and for ALL visa applicants, not just CR1. Generally Canadians can visit during this time - however be sure to bring strong proof of ties to Canada with you when you cross the border - mortgage documents, a letter from your employer stating what date you are returning to work, utility bills, a copy of your U.S. immigration receipt when you get it etc etc.

If this is the case, I might have to go with the K1 Visa. I just want to be certain that once I arrive in the US I can start work right away. That is very important to me. From what I read the K1 Visa will allow us to get the paper work processed, I remain in Canada until approved and then I can move and commence work in the US?

With a K1 you cannot work right away. You arrive, then you must apply to adjust status. When you apply for this you can also put in an application for an Employment Authorization document (EAD). The standard time quoted for receiving this is within 90 days. You cannot work until you have the EAD or your green card, one or the other.

So if I go with the CR1 Visa, do I have him file the I-130 form and they will advise what else needs to be done as things progress?

Yes, you can read up on what follows this as well so that you can get all documents in order that you will need to submit to NVC (step 2)

Edited September 23, 2009 by trailmix

[Old Dominion 26]

He is the one who needs to file the I-130 petition at the Chicago address, pay the necessary fee, and wait. At some point, you will be authorized to apply for the CR-1 visa and will receive the instructions needed. Someone with adequate, proven steady income and other financial resources will need to sponsor you, at that point.

That time will come perhaps 3-4 months from the time the I-130 is filed. Chicago will determine if it is to be processed in California or Vermont. Then, you wait another three months (perhaps) to be interviewed for the visa.

During this process, as a Canadian, you can visit the U.S. at any time so long as you carry proof that it is necessary for you to return to Canada, i.e., impossible for you to remain in the U.S.

[Frenchwife 1]

her partner has also the option to file K1 (I129F) for her to go to US as fiance

they can wait for the K1 while in Canada

and go to US with K1 and marry there

suggest she reads guides on VJ also