Canadian Direct Consulate Filing - Possible??

[onyxrev 0]

Background: been waiting six months for fiancee visa. Sick of it. Looking into Direct Consulate Filing for my fiancee in Calgary.

I just got a useless reply from the Vancouver consulate on the subject...

I sent...

> Hello Vancouver Consulate,

>

> I am a US citizen and am interested in information regarding Direct

> Consular Filing of the I-130 petition in Canada. My fiancee lives in

> Calgary and we are interested in marrying in Canada. I have noted that,

> in order to file an I-130, I would need to be a resident of Canada.

> What does this residence requirement technically entail?

>

> I see that, while some countries have the option to apply for a

> temporary residence visa, the US does not have this option because a

> passport is all that is technically needed to visit Canada as a US

> Citizen. Does this entry entitle me to temporary residence status? And

> does this temporary residence status enable me to then file the I-130 at

> the Calgary consulate?

>

> Thank you!

And they said...

> You cannot file I-130 petition for your fiancé, you can only file I-130 for your spouse, children and parents. You are required to file K1 (fiancé) petition, please read attached information and you may visit www.travel.state.gov for more information. Thank you.

Um. Thanks? Way to answer the question!

Sooooo. Does anybody here know if that's possible?

Edited August 30, 2006 by onyxrev

[Mew 0]

I guess the idea the consulate got by reading your e-mail - and to be quite frankly, that's what I'd have understood too - wat that you were asking about K3, but were confused about it, when in fact you wanted to ask a different question.

According to http://www.visajourney.com/consulates/inde...mp;cty=Montreal and http://www.visajourney.com/consulates/inde...p;cty=Vancouver DCF is possible.

Also: "> I see that, while some countries have the option to apply for a temporary residence visa, the US does not have this option because a passport is all that is technically needed to visit Canada as a US Citizen. Does this entry entitle me to temporary residence status? And does this temporary residence status enable me to then file the I-130 at the Calgary consulate?" - this should be asked to the embassy of Canada in the U.S., since you're asking a question on how the immigration laws work in Canada, not in the U.S.

Edited August 30, 2006 by Mew

[onyxrev 0]

I guess the idea the consulate got by reading your e-mail - and to be quite frankly, that's what I'd have understood too - wat that you were asking about K3, but were confused about it, when in fact you wanted to ask a different question.

According to http://www.visajourney.com/consulates/inde...mp;cty=Montreal and http://www.visajourney.com/consulates/inde...p;cty=Vancouver DCF is possible.

Also: "> I see that, while some countries have the option to apply for a temporary residence visa, the US does not have this option because a passport is all that is technically needed to visit Canada as a US Citizen. Does this entry entitle me to temporary residence status? And does this temporary residence status enable me to then file the I-130 at the Calgary consulate?" - this should be asked to the embassy of Canada in the U.S., since you're asking a question on how the immigration laws work in Canada, not in the U.S.

That's a very good point! Thanks! I had that confused.

[Mew 0]

I guess the idea the consulate got by reading your e-mail - and to be quite frankly,

Oh, d'oh, Mew...

I guess the idea the consulate got by reading your e-mail - and to be quite frankly, that's what I'd have understood too - wat that you were asking about K3, but were confused about it, when in fact you wanted to ask a different question.

According to http://www.visajourney.com/consulates/inde...mp;cty=Montreal and http://www.visajourney.com/consulates/inde...p;cty=Vancouver DCF is possible.

Also: "> I see that, while some countries have the option to apply for a temporary residence visa, the US does not have this option because a passport is all that is technically needed to visit Canada as a US Citizen. Does this entry entitle me to temporary residence status? And does this temporary residence status enable me to then file the I-130 at the Calgary consulate?" - this should be asked to the embassy of Canada in the U.S., since you're asking a question on how the immigration laws work in Canada, not in the U.S.

That's a very good point! Thanks! I had that confused.

[YuAndDan 153]

Note: a Passport is not required for a US or Canadian Citizen to temporarily visit the other country, all that is needed is proof of citizenship such as birth certificate. Though there is talk of changing this requirement causing a lot of anger on both sides of the border, the passport requirement will cause a chilling affect for tourist industries in Canadian and American cities near the border like Niagara Falls, Toronto, Rochester NY "Where I Live"

I have traveled to and from Canada many, many times over the years and passport was never asked for.

[onyxrev 0]

So I guess the only other question I have is whether visiting Canada would be enough 'residence' to quality for DCF...

[meauxna 15]

Background: been waiting six months for fiancee visa. Sick of it. Looking into Direct Consulate Filing for my fiancee in Calgary.

hi,

Useless is as useless does?

Your answers are in the pinned thread in the DCF Forum titled DCF Canada: Yes Virginia, You Can : USCs Resident in Canada Only

and/or in the DCF Guide.

I didn't really understand your email either, and I do know that asking a Consulate about "DCF" isn't the best way to get the info you want.

Anyway, no. Crossing the border is not sufficiently 'resident' for a Canadian filing; they are NOT oging to open the floodgates (again). Canadian Consulates refused to accept petitions from USCs who really are resident there, for many years.

Word on the street (and the official site, ref'd in the above post) is that you must live in Canada for one year to be elgibile to file there. It's not a drive by Consulate.

[onyxrev 0]

Background: been waiting six months for fiancee visa. Sick of it. Looking into Direct Consulate Filing for my fiancee in Calgary.

hi,

Useless is as useless does?

Your answers are in the pinned thread in the DCF Forum titled DCF Canada: Yes Virginia, You Can : USCs Resident in Canada Only

and/or in the DCF Guide.

I didn't really understand your email either, and I do know that asking a Consulate about "DCF" isn't the best way to get the info you want.

Anyway, no. Crossing the border is not sufficiently 'resident' for a Canadian filing; they are NOT oging to open the floodgates (again). Canadian Consulates refused to accept petitions from USCs who really are resident there, for many years.

Word on the street (and the official site, ref'd in the above post) is that you must live in Canada for one year to be elgibile to file there. It's not a drive by Consulate.

I didn't expect it to be a drive by consulate - just was trying to weigh my options. Thanks for the info.

[meauxna 15]

I didn't expect it to be a drive by consulate - just was trying to weigh my options. Thanks for the info.

Please don't misunderstand... some Consulates *are* drive bys (non-resident USC).. just none in Canada.

Edited August 30, 2006 by meauxna