We're both in tears over this. Please help. I can't be without her.

[PeaMealBacon 12]

Given our situation -- are there any special case circumstances or scenarios that allow for some sort of emergency visa or anything of the sort?

We have nowhere for her to live in Canada if I leave without her, I am the FAMILY PROVIDER.

[PeaMealBacon 12]

There is no DCF for Canada.

I don't understand; there is a consulate here in Toronto, and if need be, we can drive up to Ottawa to take care of any of this. Does anyone see this as a valid option?

[squirrelisan 23]

There is no DCF for Canada.

Oh...my bad.

[N-o-l-a 7,167]

Given our situation -- are there any special case circumstances or scenarios that allow for some sort of emergency visa or anything of the sort?

We have nowhere for her to live in Canada if I leave without her, I am the FAMILY PROVIDER.

No, unfortunately. The US government doesn't tend to grant expedites that concern the welfare of a beneficiary unless it is a life or death matter. You might be able to plead a case for extreme financial hardship on your part for an expedite, but it is iffy.

I don't understand; there is a consulate here in Toronto, and if need be, we can drive up to Ottawa to take care of any of this. Does anyone see this as a valid option?

You absolutely can not do DCF in Canada. It is only available in a select few countries.

[BirdyGirl85 23]

I don't understand how family can't help her, that her mother wont let her live with her for a few months until she gets her visa... Where was she living before she met you?

[squirrelisan 23]

I don't understand; there is a consulate here in Toronto, and if need be, we can drive up to Ottawa to take care of any of this. Does anyone see this as a valid option?

Sorry man, looks like Canada stopped DCF's some years ago. Didn't mean to get your hopes up. Looks like you have to file for I-130...and then maybe you can get an expedite, but that's it's not easy to get those. When do you start your new job? If it's in a couple of months, maybe you can start the I-130 early if you do a civil marriage type thing in Canada now, and start the I-130 paperwork?

That's me and my wife did to speed things up a bit.

[PeaMealBacon 12]

I don't understand how family can't help her, that her mother wont let her live with her for a few months until she gets her visa... Where was she living before she met you?

Yeah, that isn't really open for discussion.

[milimelo 4,413]

Sorry man, looks like Canada stopped DCF's some years ago. Didn't mean to get your hopes up. Looks like you have to file for I-130...and then maybe you can get an expedite, but that's it's not easy to get those. When do you start your new job? If it's in a couple of months, maybe you can start the I-130 early if you do a civil marriage type thing in Canada now, and start the I-130 paperwork?

That's me and my wife did to speed things up a bit.

Before getting married in Canada, check out the Canadian forum here on VJ. There are reports of marriage certificate taking MONTHS to be received. Toronto one that takes a long time.

[squirrelisan 23]

Before getting married in Canada, check out the Canadian forum here on VJ. There are reports of marriage certificate taking MONTHS to be received. Toronto one that takes a long time.

I seem to be out of my depth here with Canada....was just trying to help. Think I'll be quiet now.

[PeaMealBacon 12]

@Squirrelisan: We're going on Monday to Buffalo, NY to get married. We looked into the Toronto option, but when we saw FIVE MONTHS we didn't see that as a valid option!

[milimelo 4,413]

@Squirrelisan: We're going on Monday to Buffalo, NY to get married. We looked into the Toronto option, but when we saw FIVE MONTHS we didn't see that as a valid option!

Ask about the option to "walk" your marriage license over to the registrar for expedited marriage certificate after the ceremony - some places allow that if you explain you need it fast. Also make sure to purchase 3-4 certified copies. Only photocopy of marriage certificate is required with I-130 - you show original at interview, but you always want to have extras with you.

[N-o-l-a 7,167]

@Squirrelisan: We're going on Monday to Buffalo, NY to get married. We looked into the Toronto option, but when we saw FIVE MONTHS we didn't see that as a valid option!

Just make sure that you file that I-130 as soon as you've got the marriage certificate in hand as well as you the (USC) petitioner's foreign address all over the place.

You might also include a cover letter with expedite in big letters describing the extreme financial hardship it will be to have to provide for homes in two countries or else you will have to turn down a job offer in the US, etc. I'm not good with these things but be concise, factual, and not overly emotional. Be careful not to describe your soon to be wife as someone who might become a public charge.

I'd say you have a fairly good chance of getting fast processing if you follow the above. Then, you can request an expedite with the NVC after your I-130 is approved.

[BirdyGirl85 23]

I just don't think there is really a way around being separated for a while. Like others have said, she could stay in the U.S. as long as Canadians can normally stay without a visa, but then she would still have to go back to Canada after that and finish the visa process there. Could you maybe afford to get her a little apartment in Canada until she gets her visa?

[Hypnos 6,576]

Unfortunately, if you are not willing / able to put off moving to the US for a few months then a period of separation is extremely likely.

As already stated, if she pulls up to the border with a truck full of her belongings - without an immigrant visa - then there is a good chance she will be denied entry. She does not magically get a pass because she is Canadian or living with (or even married to) an American. To CBP she would merely be a Canadian citizen seeking a non-immigrant entry, and if she could not prove to their satisfaction that she would leave after her period of authorised stay expires, then a denial of entry is a strong possibility.

Get married and file the I-130 immediately, but it will take ~8 - 10 months until the visa is in her hands. During that time she could try to enter the US to stay with you for a few months, but again she may need to prove to CBP that this would be a temporary visit.

Unless someone is dying there is no way around these requirements (and even then it's iffy).

Edited March 12, 2013 by Hypnos

[JensJrny2Ray 367]

I just don't think there is really a way around being separated for a while. Like others have said, she could stay in the U.S. as long as Canadians can normally stay without a visa, but then she would still have to go back to Canada after that and finish the visa process there. Could you maybe afford to get her a little apartment in Canada until she gets her visa?

Yes, that is what I was thinking also. I mean, technically she COULD stay in the US as Canadians are allowed to for up to 6 months in a calendar year, but by having zero ties to Canada (no place to live, no job) it is highly unlikely they will even allow her across the border.