Moving to the USA before submitting application?

[kimberlyk21 1]

My hubby and I are living in Canada at the moment but are planning on moving back to the USA in the fall. My hubby is a citizen and our newborn son will be too.

I am wondering whether or not I can enter the usa on a visitor basis and file the sponsorship application once we have moved? Or do I need to apply before we move? Does anyone know if they will let people in once they have applied but before it's been approved or with the intent to file?

The reason I ask is because when my hubby moved up here we sent in our application and paid all the fees before he moved up. Then when he crossed the border when he moved up here we just showed them that we had started the process and paid all the fees in good faith. They gave him a 6 month visitor stamp in his passport to stay here while the Canadian government processed his paperwork.

Does the US government allow things to work the same way? Or would we be better off filing a DCF application here right away. The only problem with that is I don't know what we will do if I get approved before we are ready to move... Do they have a deadline by which you must "land" in the USA once you are approved like they do with the fiancee visa?

Thanks so much for all your advice! We need some help!

Kim

[Kimbear 53]

Your best bet would be to file DCF if you are both in Canada. The only issue most ppl have with this is showing they intend to resume domicile back in the usa.

As Far as i know you have a year to move all your belongings back to the states after approval. As for how long you have to activate your CR1 visa, Someone can correct me if i'm wrong but according to the cr1 guide at the bottom you have 6 months to use it as well.

K3 is from the many posts here not the preferred way to go anymore.

Edited March 9, 2010 by Kimbear

[pushbrk 13,174]

My hubby and I are living in Canada at the moment but are planning on moving back to the USA in the fall. My hubby is a citizen and our newborn son will be too.

I am wondering whether or not I can enter the usa on a visitor basis and file the sponsorship application once we have moved? Or do I need to apply before we move? Does anyone know if they will let people in once they have applied but before it's been approved or with the intent to file?

The reason I ask is because when my hubby moved up here we sent in our application and paid all the fees before he moved up. Then when he crossed the border when he moved up here we just showed them that we had started the process and paid all the fees in good faith. They gave him a 6 month visitor stamp in his passport to stay here while the Canadian government processed his paperwork.

Does the US government allow things to work the same way? Or would we be better off filing a DCF application here right away. The only problem with that is I don't know what we will do if I get approved before we are ready to move... Do they have a deadline by which you must "land" in the USA once you are approved like they do with the fiancee visa?

Thanks so much for all your advice! We need some help!

Kim

Follow the guide for Direct Consular Filing. No, you cannot enter the US as a visitor and adjust status. You'll need the appropriate immigrant spouse visa.

Edited March 9, 2010 by pushbrk

[kimberlyk21 1]

My hubby and I are living in Canada at the moment but are planning on moving back to the USA in the fall. My hubby is a citizen and our newborn son will be too.

I am wondering whether or not I can enter the usa on a visitor basis and file the sponsorship application once we have moved? Or do I need to apply before we move? Does anyone know if they will let people in once they have applied but before it's been approved or with the intent to file?

The reason I ask is because when my hubby moved up here we sent in our application and paid all the fees before he moved up. Then when he crossed the border when he moved up here we just showed them that we had started the process and paid all the fees in good faith. They gave him a 6 month visitor stamp in his passport to stay here while the Canadian government processed his paperwork.

Does the US government allow things to work the same way? Or would we be better off filing a DCF application here right away. The only problem with that is I don't know what we will do if I get approved before we are ready to move... Do they have a deadline by which you must "land" in the USA once you are approved like they do with the fiancee visa?

Thanks so much for all your advice! We need some help!

Kim

Thanks very much for the info!

As for the K3 visa, isn't that the one where you can enter the US to await the approval of the I130 and then apply for permanent residency after that is approved? Wouldn't that be faster than applying as DCF?

Does anyone have any idea of the current processing times for DCF?

Also, does anyone know what documentation I will need when I go to Calgary to file my I130? Do I need a police clearance certificate or anything? And does anyone know if the medical can be done while awaiting approval of the I130 form?

Sorry for all the questions! We had been told by someone that we would be able to move to the US then apply for my permanent residency and now that we find out we can't we need to get this done as soon as possible...

Thanks so much for all your help and advice!!!!!

Kim

[Kimbear 53]

Kim i would head on over to the canada forum and also read the guides. Quite a few have done or are in the process of doign DCF. You might get more pertinant answers to your questions there. My experience is solely with the K1.

[pushbrk 13,174]

Thanks very much for the info!

As for the K3 visa, isn't that the one where you can enter the US to await the approval of the I130 and then apply for permanent residency after that is approved? Wouldn't that be faster than applying as DCF?

You'll read a lot of descriptions to that effect but they are all at least three years out of date. K3 is no longer a viable option to consider and hasn't saved any time in the last three years.

[elmcitymaven 9,712]

Moving to the DCF forum from K3 as the OP is eligible to file for DCF.

[trailmix 77]

Hi kimberly,

As for the K3 visa, isn't that the one where you can enter the US to await the approval of the I130 and then apply for permanent residency after that is approved? Wouldn't that be faster than applying as DCF?

No, there is no petition/visa as you are describing it above. You are confusing the K3 with adjustment of status (which you are not eligible for). You basically have 1 option, the IR1 or CR1 visa (depends if you have been married for 2 years or more).

Does anyone have any idea of the current processing times for DCF?

All interviews for CR1 visas in Canada take place in Montreal. You will have an approximate 2 month wait for the I-130 to be approved then a 3-4 month wait to get your interview scheduled. Plan on 6-9 months. Once you receive your visa you have 6 months to enter the U.S.

Also, does anyone know what documentation I will need when I go to Calgary to file my I130? Do I need a police clearance certificate or anything? And does anyone know if the medical can be done while awaiting approval of the I130 form?

You can't do the medical until you have your interview date/letter or email. You can have the medical done in Vancouver, Toronto or Montreal only. For a list of items to bring when filing your I-130 petition in Calgary - check out this page, it lists everything:

http://www.consular.canada.usembassy.gov/i...sa_relative.asp

Edited March 10, 2010 by trailmix

[kimberlyk21 1]

Hi kimberly,

As for the K3 visa, isn't that the one where you can enter the US to await the approval of the I130 and then apply for permanent residency after that is approved? Wouldn't that be faster than applying as DCF?

No, there is no petition/visa as you are describing it above. You are confusing the K3 with adjustment of status (which you are not eligible for). You basically have 1 option, the IR1 or CR1 visa (depends if you have been married for 2 years or more) visa.

Does anyone have any idea of the current processing times for DCF?

All interviews for CR1 visas in Canada take place in Montreal. You will have an approximate 2 month wait for the I-130 to be approved then a 3-4 month wait to get your interview scheduled. Plan on 6-9 months. Once you receive your visa you have 6 months to enter the U.S.

Also, does anyone know what documentation I will need when I go to Calgary to file my I130? Do I need a police clearance certificate or anything? And does anyone know if the medical can be done while awaiting approval of the I130 form?

You can't do the medical until you have your interview date/letter or email. You can have the medical done in Vancouver, Toronto or Montreal only. For a list of items to bring when filing your I-130 petition in Calgary - check out this page, it lists everything:

http://www.consular.canada.usembassy.gov/i...sa_relative.asp

Thanks so much!!

Do you happen to know if one can file their DS-230 form at the same time as the I-130 form? I called the embassy number but they said they have no idea how that works... Go figure lol

[trailmix 77]

Thanks so much!!

Do you happen to know if one can file their DS-230 form at the same time as the I-130 form? I called the embassy number but they said they have no idea how that works... Go figure lol

Hi,

No you can't.

From that link I posted above you will see an exact list of what they require - no more, no less

Once your petition is approved they will send you a letter and let you know what you need to bring to the interview with you.

DS-230 and I-864 and supporting documents will be what are needed at that point.

Looking a little further down the road - is your Husband applying for Canadian permanent residency? Some of the COs at Montreal consider that to be a conflict when the U.S. citizen is trying to prove reestablishing domicile. I'm just mentioning this now, not to confuse the matter, but to encourage you to read the instructions for the I-864 and become familiar with the requirements both financially and with regard to domicile, this is information you will need to take with you to the interview in Montreal.

Edited March 10, 2010 by trailmix

[kimberlyk21 1]

Hi,

No you can't.

From that link I posted above you will see an exact list of what they require - no more, no less

Once your petition is approved they will send you a letter and let you know what you need to bring to the interview with you.

DS-230 and I-864 and supporting documents will be what are needed at that point.

Looking a little further down the road - is your Husband applying for Canadian permanent residency? Some of the COs at Montreal consider that to be a conflict when the U.S. citizen is trying to prove reestablishing domicile. I'm just mentioning this now, not to confuse the matter, but to encourage you to read the instructions for the I-864 and become familiar with the requirements both financially and with regard to domicile, this is information you will need to take with you to the interview in Montreal.

OOOOHHHHH, I see! That makes sense.

My hubby is already a Canadian permanent resident. He has lived here for the last 3 years and now we are wanting to move back to the USA. We wanted to wait until our son was born here before leaving. We are aware already that we will need a co-sponsor as my hubby has no employment/income in the usa and our property will only provide us with about 60,000 USD which is not 5x 125% of the poverty line for a family of 3...

As for proving domicile in the USA, my hubby is planning on transferring with the company he works for now so he is going to try to get a letter from them stating that they are transferring him to the USA. My sister is a permanent resident there so I am going to try to get a letter from her stating that we will be staying with them until we buy a house. We will also have a quote from a moving company for moving our stuff down there and a US bank account in my hubby's name. Hopefully that will be enough for them.......

I will try to find a site with the info regarding supporting paperwork for the DS-230 and I-864 forms, but if you happen to know of one, or what is required, could you please let me know?

Thank you so so much for all your help!! Have a great day!!

Kim

[trailmix 77]

You actually only need 3 times the 125% of the poverty guidelines in assets (that info is in the I-864, page 9, item 29)

So that would be 3 times $22,887 or $68,661.00 (U.S. dollars).

Your joint sponsor will need 5 times though, if using assets (the difference is whether the person you are sponsoring is your minor child or spouse).

Actually your reestablishing domicile proof does not look substantial enough. You might want to read this thread - it is a bit long but if you read the first page or 2 then skip to the end of the thread, you will find links to reviews posted by people who were asked for more proof. Many had much more proof that what you are intending to submit.

http://www.visajourney.com/forums/index.php?showtopic=164618

For documents to be submitted with the DS-230, you can check out this page, in particular the link entitled Civil Documents:

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

For the I-864 you need to submit (at least) your Husband's U.S. return for 2009, should probably have 2007 and 2008 on hand as well. For your joint sponsor you will need that and a letter of employment and a few recent paystubs will also be helpful - as well as their I-864 filled out, of course.

Edited March 10, 2010 by trailmix

[kimberlyk21 1]

Thanks so much for all the help.

We have hired a realtor in the US to start looking for houses for us to purchase upon our arrival. Does anyone know if email correspondence would be proof enough of this intent or should we sign a realtor agreement. She is asking us if emails would be sufficient and I'm not sure what to tell her...

We are also going to be hiring a realtor here shortly and will be asking them for the same info to prove that we are in the process of selling our current home...

Thanks everyone!!