Bringing Canadian spouse of USC to US

[gooseberry 2]

Thanks Inky!

Regarding DCF: Can we still take that route if I move back to the US after we file the initial application with the Toronto consulate? (I've been residing in Ontario for six years but I'm moving back to the US a week after our wedding.) Or is the idea of DCF that the USC remain in Canada until the beneficiary's visa is approved?

Regarding visiting: Does anyone have experience with long (2/3 month) visits while an application is pending? Is it possible for the foreign spouse to have multiple long visits?

Hi!

It looks like DCF might be your best bet.

Yup, my husband moved back to the states after we filed for DCF in Montreal, I think its just important you're a resident of Canada at the time of filing the I-130 petition for your spouse.

I visited my husband for a little over two months. (It was just two months before my final interview, and the ties I used were my interview letter and a return ticket)

My DCF process took about 6 months from filing to receiving my passport back with the entry immigrant visa in it. It would have been even shorter if we had sent packet 3 (second step) back faster, but we were a bit lazy! Hope this helps!

[Kathryn41 3,205]

As part of your wife's ties to Canada definitely include information about her thesis work, class schedule, defense date, etc.as that is a good indication she has to return to Canada. Also, she should include a copy of the CR-1 application (the I-130 plus supporting documents to date and any receipts from USCIS) as this indicates she is familiar with and intending to follow the legal immigration process.

Unfortunately, since her intent is to live with you in the US she is not allowed to enter the US as a visitor, then remain there and adjust status. That option only exists for someone who is already in the US and had no intention of remaining in the US, then their circumstances changed, so yes, she should be able to visit you but it must be clear she is not 'living' in the US and has full intentions of returning to Canada to complete the proper immigrant visa process. Yes, she should be able to make multiple trips, although it is important to remember that each and every border crossing is at the discretion of the border guard. The better the evidence of ties to Canada the more comfortable they will feel in allowing her to enter. It is also a good idea for her to try and spend as much time in between trips in Canada as she spends in the US as spending more time in the US may raise suspicions that she is actually living there rather than visiting. She will be required to be in Canada at the end of the process regardless to complete the necessary security checks, immigration medical and have the interview.

Your returning to the US to establish domicile will work in your favour, actually, as it shows your intent to make the US your home again and you are re-establishing ties. The income you start to earn will also qualify for the I-864 Affidavit of Support that you need to provide for her verifying she won't be a burden on the US taxpayer and you are able financially to support her.

[krp 0]

Thanks gooseberry and Kathryn -- that makes things more clear. I'm going to check with the Toronto consulate tomorrow to make 100% sure DCF will work for us. We would be thrilled if it only took 6 months to process the application -- given what I've read on this forum it often seems to take much longer than that.

[Flames9_RN 359]

Thanks gooseberry and Kathryn -- that makes things more clear. I'm going to check with the Toronto consulate tomorrow to make 100% sure DCF will work for us. We would be thrilled if it only took 6 months to process the application -- given what I've read on this forum it often seems to take much longer than that.

Vast majority of Cdns go the regualr k1 or CR-1/IR-1 route!! At 1 time the DCF route ws much faster than it is now. But every now and then, MTL goes into hyperspeed,lol

[krp 0]

Vast majority of Cdns go the regualr k1 or CR-1/IR-1 route!! At 1 time the DCF route ws much faster than it is now. But every now and then, MTL goes into hyperspeed,lol

Hi Flames -- is there a reason we wouldn't want to DCF if we qualify? Is there a downside compared to the regular CR-1 route?

[Krikit 1,165]

DCF is definitely the preferred visa.

[Flames9_RN 359]

DCF is definitely the preferred visa.

If u can DCF--U want to go that route!!! Simple as that,lol

[krp 0]

If u can DCF--U want to go that route!!! Simple as that,lol

Thanks everyone. I've tried calling the Toronto Consulate (416.595.1700) several times today to no avail... the phone just rings and rings. That's despite the fact that when I called yesterday, someone picked up the phone and said this was the correct number for my question, but that no one was there to answer it then due to the "festivities" (July 5th? ) and to call back the next day. After trying the Toronto Consulate multiple times today, I then called the General Inquiries about Immigrant Visas phone number (1.877.341.2441), and the person I spoke to directed me to an email address (contactus_en_ca@usvisa_info.com). But the email I sent received an auto-reply that clearly stated "Inquiries concerning visa questions" would not be answered. So basically I can't find a way to speak directly to anyone at a US Consulate in Canada about my specific DCF questions.

So... I was wondering if I could check with the experts on this forum to make sure our case qualifies for DCF before I mail the I-130 and filing fee to Toronto:

Quick background: My Canadian fiancee and I are marrying on July 15. Then I'm moving August 1. I've been living in Ontario since 2005 on a Student Visa (expires in November). The idea is to DCF as soon as possible after July 15 once we have our marriage certificate. But very soon afterward (Aug 1) I won't be living in Canada anymore.

So this is my question:

On the I-130 and G-325a, should I list my new US address (as of Aug 1) as my current address? -- or will that disqualify me from DCF, since I no longer reside in Canada?

Technically, of course, at the time of filing I will still reside in Canada, but I'll probably be living in the US by the time anyone at the Consulate contacts us.

Would it help if I attached a brief cover letter explaining my impending change of address?

Also, one bonus question: The instructions for the I-130 say the filing fee must be a money order drawn from a US bank. How do you get a money order if you DCF in Canada?

I'm really grateful for all the help on this forum, especially with how quickly responses come in. Like others have said, I hope to return the favor one day after I learn my own way through the maze.

-krp

Edited July 6, 2011 by krp

[Krikit 1,165]

Are you marrying in Ontario? I believe it takes quite a number of weeks/months for them to send you out the marriage certificate. That might preclude you from filing prior to your departure. You may want to make that post in the DCF forum.

[krp 0]

Are you marrying in Ontario? I believe it takes quite a number of weeks/months for them to send you out the marriage certificate. That might preclude you from filing prior to your departure. You may want to make that post in the DCF forum.

We're marrying in the US -- we're checking to make sure we'll have the marriage certificate before we return to Canada.

[krp 0]

The official answer to my question is that I am ineligible for DCF: I posted a more detailed explanation in the DCF forum.

Many thanks again to everyone for your assistance! Looks like I'll be filing the petition within the US.

-krp