Dual US/Can citizenship and DCF

[birdnerd 5]

Hi all,

Getting ready to send our I-130 to Toronto consulate. Husband is a dual US/Canadian citizen - came to Canada 10 years ago for university and has now been working here for some time. As a citizen, he did not receive any immigration/visa documentation when he came to Canada. Can we just state in the cover letter that he is a citizen, not LPR, and then show the requisite health card, mortgage, etc. to prove residency?

Thanks!

[Kathryn41 3,205]

He really should apply for his Proof of Citizenship from Citizenship and Immigration Canada for his own sake. He should have received some documentary evidence that he would use to apply for a Canadian passport. He should definitely check that out as well. Using the health card will provide his proof of Canadian residency for DCF purposes, though. What he needs to prove now is his intention to re-establish US domicile, so the Canadian mortgage actually won't help him as it proves he has Canadian domicile, not US.

You can find out information about obtaining his Proof of Citizenship here: http://www.cic.gc.ca/english//resources/pu...tions/proof.asp

Edited January 22, 2010 by Kathryn41

[trailmix 77]

Hi all,

Getting ready to send our I-130 to Toronto consulate. Husband is a dual US/Canadian citizen - came to Canada 10 years ago for university and has now been working here for some time. As a citizen, he did not receive any immigration/visa documentation when he came to Canada. Can we just state in the cover letter that he is a citizen, not LPR, and then show the requisite health card, mortgage, etc. to prove residency?

Thanks!

Yes, they just want proof of his long term residency in Canada:

- 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.)

At some point he had to prove his Canadian citizenship, did he not? How else did he get a social insurance number so he could work? He had to have proof of his status to obtain that.

How did he enter Canada, did he not show proof of his Canadian citizenship then?

I'm just thinking there is some other document he has that would prove his legal status here that would not require getting, say, a certificate of citizenship, which from my understanding takes about a year.

[birdnerd 5]

Yes, they just want proof of his long term residency in Canada:

- 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.)

At some point he had to prove his Canadian citizenship, did he not? How else did he get a social insurance number so he could work? He had to have proof of his status to obtain that.

How did he enter Canada, did he not show proof of his Canadian citizenship then?

I'm just thinking there is some other document he has that would prove his legal status here that would not require getting, say, a certificate of citizenship, which from my understanding takes about a year.

THanks, guys. Yeah, it was all legit when he came - his parents are Canadian (living in US), he was born there. Got his Can Citizenship card when he came up here for school, has both US and Can passports, etc. So in that respect, he'll be ok with the residency docs (driver's license, health card).

As for intent to re-establish US domicile, he has a job offer - which came about very suddenly and unexpectedly - so we've been thrown into this process pretty quickly. We had high hopes initially when we first heard about the K-3, but after reading the forums... Think we'll forgo that completely, are going for IR-1 through DCF.

[trailmix 77]

Very good choice - the IR1

You may want to read the reestablishing domicile instructions though, on the I-864 - Montreal is very particular about reestablishing domicile - a job offer alone will not be enough.

[birdnerd 5]

Very good choice - the IR1

You may want to read the reestablishing domicile instructions though, on the I-864 - Montreal is very particular about reestablishing domicile - a job offer alone will not be enough.

Yeah, gave up pretty quickly on K-3.

In terms of domicile - he should be starting work at the beginning of March, so will certainly be working by the time I need to present the I-864 (presumably). Other than that, he has maintained a bank account there throughout. Is it ok for him not to find an apartment right away? We are thinking of deferring the corporate housing offer until I can join him there, so he will move in with his parents for that time. Man, from home ownership to moving back with the parents, feels like a huge step back!

[trailmix 77]

Yes ahh the joys of moving.

Ok, so your Husband will be physically living and working in the U.S. when you get your interview - so you should have no problem with domicile at all - I thought you meant he had a job offer for when he returns to the U.S. (as in he would still be living in Canada with you until you get your interview and move).

Hope you have a speedy visa process!

[birdnerd 5]

Yes ahh the joys of moving.

Ok, so your Husband will be physically living and working in the U.S. when you get your interview - so you should have no problem with domicile at all - I thought you meant he had a job offer for when he returns to the U.S. (as in he would still be living in Canada with you until you get your interview and move).

Hope you have a speedy visa process!

Nope, he will most certainly be working...that's what we're gearing ourselves up for - months of separation!

We are hoping for a fairly expedient process as well, shouldn't really be anything holding us up.

Met in first year university (10 years ago now!), he would return to California to work every summer, so we've done 4-month stints apart a few times before.

Married in 2005 in Toronto

Happily settled and home owners...until this job offer came along. It's kinda too good to turn down.

So now it begins...filing I-130 DCF on Monday.

Thanks for all the info. I'm sure I'll be asking more as we get more involved...

Edited January 23, 2010 by birdnerd