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Does Canada allow Consular filing?

By epmarshall in What Visa Do I Need - Family Based Immigration

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epmarshall Rookie

epmarshall   0

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Hi all,

I am a US citizen living with my Canadian spouse in Canada. We are considering filing for a US green card for him and are aware that consular processing is faster so if this option is available we'd like to take it. Does Canada participate in this? I can't seem to find the information, so if someone could point me in the right direction, I'd be very grateful.

Any help is much appreciated. Thanks!

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epmarshall Rookie

epmarshall   0

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No

Hi, transborderwife. Thanks for your fast response!

Well that sucks. Seems strange that Canada doesn't offer it, since Canada and the US have such good relations. But oh well. I guess I'll had back to the "what visa do I need" forum.

You're from Canada, so I assume you must have already called and asked the consulate about filing. Just curious, which visa or method are you using?

Thanks again!

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Ms Hogan Proficient

Ms Hogan   295

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

If you are already married then you will be petitioning for your spouse. If you are living in Canada then you will also have the burden of proving domicile in the U.S. There are guides to follow up top :)

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2

NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

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Boiler Grand Master

Boiler   45,487

Posted
Filed: K-1 Visa Country: Wales
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Posted

There is only one option. i know Canada is strict n having a US Domicile, good to read up on that.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted

Hi, transborderwife. Thanks for your fast response!

Well that sucks. Seems strange that Canada doesn't offer it, since Canada and the US have such good relations. But oh well. I guess I'll had back to the "what visa do I need" forum.

You're from Canada, so I assume you must have already called and asked the consulate about filing. Just curious, which visa or method are you using?

Thanks again!

Aos tourist visa. I came to visit earlier on when pregnant, had an accident which led to complications and I couldn't go home.

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epmarshall Rookie

epmarshall   0

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If you are already married then you will be petitioning for your spouse. If you are living in Canada then you will also have the burden of proving domicile in the U.S. There are guides to follow up top :)

Thanks for answering, Ms Hogan! :) I will check out those guides.

We are not married yet, but we could be soon. We just aren't sure whether it's better to do it here in Canada or use a visa to go to the US and marry (I believe that is the k-1?).

Is it hard to prove domicile in the US? We'd be living with my parents and paying them rent during the process while finding a place of our own and finding jobs, etc. We could get them to write us a letter explaining the situation and we could sign a lease agreement, but I'm not sure if this level of proof is enough. So if moving first makes it easier, we could do that. He has a job here, though, so we were hoping to wait it out in Canada for a bit. Do you have an opinion on this?

Thanks again!

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epmarshall Rookie

epmarshall   0

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There is only one option. i know Canada is strict n having a US Domicile, good to read up on that.

Which option is that? I see K-1, K-3, and IR1/Cr1 in a guide I'm reading. Sorry to be dense. We were planning on me getting Canadian PR but some things changed and we are thinking the US might be a better option now. So I know more about the Canadian info and am just getting into the US reading.

Thanks, boiler! And I will read up on the domicile as well. Knowing they are strict makes me think applying in the US would be better, though.

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Boiler Grand Master

Boiler   45,487

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Well you started off married.... Details matter.


You have to apply in the US, you now have 2 choices, get married and go for Cr1 or stay single and go got K1.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ms Hogan Proficient

Ms Hogan   295

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

As

Which option is that? I see K-1, K-3, and IR1/Cr1 in a guide I'm reading. Sorry to be dense. We were planning on me getting Canadian PR but some things changed and we are thinking the US might be a better option now. So I know more about the Canadian info and am just getting into the US reading.

Thanks, boiler! And I will read up on the domicile as well. Knowing they are strict makes me think applying in the US would be better, though.

Well you started off married.... Details matter.


You have to apply in the US, you now have 2 choices, get married and go for Cr1 or stay single and go got K1.

As Boiler pointed out, you started off married. You said that you and your spouse are in Canada but now it turns out you are not married. Just some friendly advice if you're going to come here for support and guidance... be very careful about your details. There is a lot of knowledge here and we have a lot to share but you need to be clear in your communications.

You will need to choose what you want to do. K1 is for a fiance, CR1 is for spouse. There are pros and cons to each. Don't bother looking at the K3 as it is considered obsolete and you'll wind up wasting time monkeying around with that.

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2

NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

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epmarshall Rookie

epmarshall   0

Posted
Filed: Timeline
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Posted (edited)

As

As Boiler pointed out, you started off married. You said that you and your spouse are in Canada but now it turns out you are not married. Just some friendly advice if you're going to come here for support and guidance... be very careful about your details. There is a lot of knowledge here and we have a lot to share but you need to be clear in your communications.

You will need to choose what you want to do. K1 is for a fiance, CR1 is for spouse. There are pros and cons to each. Don't bother looking at the K3 as it is considered obsolete and you'll wind up wasting time monkeying around with that.

Got it. Sorry for causing confusion. I was using spouse in a general sense meaning partner. I will definitely watch my terms and try to be as specific as possible from now on.

Oh okay, so we both have to be in the US to apply anyway since we can't do consular. Thanks for clearing that up, boiler.

Why is K3 obsolete? It's good you told me that because I wouldn't have known.

I'll stop bugging you guys for a bit while I read up more on the process. I'm running out of posts for the day since I'm new. Would it be okay to come back to this thread after a bit once I've read some more and have you guys review my plan just to make sure I have it all down correctly? Or should I start a new thread for that? This is the Consular board and I don't want to clutter it with general info too much.

Thanks again everyone. I'm glad to have found this forum and appreciate the help so much.

Edited by epmarshall
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Ms Hogan Proficient

Ms Hogan   295

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Your fiance or spouse can't stay with you in the US. They will be in Canada during the process until they have their visa in-hand.

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2

NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

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epmarshall Rookie

epmarshall   0

Posted
Filed: Timeline
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Posted

Your fiance or spouse can't stay with you in the US. They will be in Canada during the process until they have their visa in-hand.

Oh, okay. That is unfortunate. The Canadian process allows us to visit and stay together until a decision is made. Back to the subject at hand, though.

We were planning on visiting my parents soon. We aren't sure still what we are doing yet, but you're saying that if we decided to apply for K-1 or CR-1 while down there, then he would have to leave in order for us to submit it? I thought Canadians could visit the US for at least 6 months.

Also, I understand now that I have to be in the US to submit it. But does that mean any travel would void the application? Basically do I have to be in the US the entire time it is processing or can I just be there long enough to submit the app? I'm guessing I need to be there the entire time.

Thanks, everyone. This board is a great help to us. Again, feel free to let me know if I'm clogging up the Consular board and I'll move my questions to a more appropriate board. I appreciate it!

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Ontarkie Grand Master

Ontarkie   14,221

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Moved to What Visa Do I Need from DCF- As the OP is trying to figure out what path to take.~~

Spoiler

Met Playing Everquest in 2005
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Interview 03-12-08
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Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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