Starting DCF

[canuck123 0]

Hello,

My husband and I currently reside in Canada, I am a citizen my husband is a PR in Canada and a citizen of the USA, I have a few questions regarding the DCF, as I find myself incredibly confused after reading the guides and information online. My husband and I were going to wait until he became a citizen in Canada before filing, but as I read it seems like it would be better if we applied with him as a permanent resident. We wanted to wait for his citizenship because I would like us to have the option to move back, and we have poured so much money into his Canadian immigration.

1. Could I do the DCF with my husband a citizen of both the USA and Canada?

2. If my husband moves out of Canada as a PR what happens to his status in Canada?

3. We have 2 very young children and it isn't really feasible for him to move to the US to get things set up, if we can prove that we are reestablishing domicile in the USA does he need to move there before us?

4. for the I-864- Affidavit of Support could you have a job waiting for you in the US and have that count towards that amount? Or are there any other options?

Thank you so much for your time, I am so tired of this immigration business and cannot wait until it is all behind us!!

[Penguin_ie 5,993]

1. Yes

2. Not sure- if it is like US permanent residency, he'll loose it.

3. Yes (we did this as we had 4 months old twins), but it is more difficult to do so. Embassies have gotten very strict on this lately. Your husband would need to have very strong ties to the USA established, such as the job offer you mention, having leased or bought a house, valid driving license and voter record, US bills (cell phone etc), proof of things being in storage in the USA waiting for his return etc.

4. Generally no- unless he moves before you and has paystubs to show at the interview. Embassies can take a firm job offer into account but generally will not. Your other options are having a co-sponsor or sponsoring via assets (property, savings, shares etc).

[canuck123 0]

1. Yes

2. Not sure- if it is like US permanent residency, he'll loose it.

3. Yes (we did this as we had 4 months old twins), but it is more difficult to do so. Embassies have gotten very strict on this lately. Your husband would need to have very strong ties to the USA established, such as the job offer you mention, having leased or bought a house, valid driving license and voter record, US bills (cell phone etc), proof of things being in storage in the USA waiting for his return etc.

4. Generally no- unless he moves before you and has paystubs to show at the interview. Embassies can take a firm job offer into account but generally will not. Your other options are having a co-sponsor or sponsoring via assets (property, savings, shares etc).

Hi and thank you so much for answering my questions. Our biggest concern is over the I-864. I am currently on maternity leave and will be returning to school for the two years before we file. My husband works for a small company in Canada. We have our two children who we plan on declaring their births abroad to obtain their USC before we file. If everyone in my family are USC except for myself does that mean our family size for the I-864 is only 1? We have been planning on filing DCF when my husband gets Canadian Citizenship since he moved up here two years ago, and unfortunately I missed the strict requirements of the I-864 and am having a bit of a heart attack. We are a young family that has been doing immigration paperwork since the beginning of our relationship and unfortunately have no assets to speak of. I am beginning to think that the only way we can meet the requirements of the affidavit of support would be to have a co sponsor. Again, thank you so much for your help!

[Penguin_ie 5,993]

No your household size would be 4, as your husband and kids- even if USCs- are in the same household as you, and all need to be supported with the same income. I was also on maternity leave when we filed, and we had no income at all (husband was unemployed), but fortunately we had assets.

Hopefully some Canadian DCFers can chime in and tell you whether the US embassy there will accept job offers; if not, one option may, depending on where you live, for your husband to take a job close to the border and commute? Or, like you say, find a co-sponsor.

[trailmix 77]

Hi and welcome

My husband and I currently reside in Canada, I am a citizen my husband is a PR in Canada and a citizen of the USA, I have a few questions regarding the DCF, as I find myself incredibly confused after reading the guides and information online. My husband and I were going to wait until he became a citizen in Canada before filing, but as I read it seems like it would be better if we applied with him as a permanent resident. We wanted to wait for his citizenship because I would like us to have the option to move back, and we have poured so much money into his Canadian immigration.

He will not lose his Canadian PR as long as he is living with you in another country. For Canada they consider him residing with you in, say the U.S., to be the same as him 'living' in Canada. Not for counting days of residency for citizenship - but when considering 'residency' to maintain his Canadian PR.

Time spent outside of Canada link

You may also count the days spent outside of Canada in the following circumstances as days for which you satisfy the residency obligation:

OPTION 1. Accompanying a Canadian citizen outside Canada

You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your

•spouse or common-law partner or

•parent, if you are less than 22 years of age

1. Could I do the DCF with my husband a citizen of both the USA and Canada?

Yes

3. We have 2 very young children and it isn't really feasible for him to move to the US to get things set up, if we can prove that we are reestablishing domicile in the USA does he need to move there before us?

No, not necessarily. You have probably read some of the posts here about reestablishing domicile. The Montreal consulate is taking a very hard line on it, however if you get all your ducks in a row, it can be done.

4. for the I-864- Affidavit of Support could you have a job waiting for you in the US and have that count towards that amount? Or are there any other options?

No, a job offer will not be considered - in general. In one case with Montreal, recently, they did take it in to consideration, but in general, it is not considered according to their guidelines.

Your options are:

1. Assets that equal at least 3 times 125% of the poverty guidelines - so a for the four of you that equals $110,248.00 USD in cash or other assets. ($27,562 x 4). These poverty guidelines change each year, so you will need to look up that figure when you actually go to file the I-864.

2. A cosponsor - a U.S. citizen who can prove income to support the immigrant.