DCF Canada: Yes Virginia, You Can

[Married_my_love 0]

Were you living in Canada before you had PR? I'm not very familiar with the ways to get that status in Canada... several people have been asking about their ability to file in Canada if they've been living there on other visa types etc anything you can add would be great!

I actually applied for PR as an Outside applicant while in the states... as I read it was moving very quickly (at the time I had found a few people who got PR in 2 months out of Buffalo! I got it in 3 months exactly). My post was just to say that there was no requirement on how long I had been a resident, technically when we applied for the DCF I had only had my PR card for 2 days, had only been "officially" PR for 3 weeks + 2 days.

[Erin and Muraari 0]

Hello All

I am new to the forum and thank you for all the great info. However, I am in a very odd situation and was hoping one of you might be able to help. I am a Canadian Citizen living in Seattle, WA on an H1-B visa. My fiancee is a dual Canadian and US Citizen living in Victoria, Canada. We plan to get married in and then move to Baltimore, Maryland to live together. So this is an odd situation where the US citizen lives in Canada (she was born in Canada and has lived there all her life. The US citizenship is through her mother who was an American), and the Canadian Citizen is in the US on a non-immigrant visa.

1) Are we still eligible to do Direct Consular Filing at the Vancouver/Calgary consulate? If so, am I still eligible to re-enter the United States in the interim period on my current H1-B provided I continue working for my existing employer in the United States?

2) Suppose DCF is not an option for us, I understand we can do the adjustment of status from Baltimore I understand we file the entire application (I-130, I-485 etc.) and send it to the Chicago address. Now does the I-130 get forwarded to one of the service centers? And where does the I-485 get processed? I am trying to judge if DCF is much faster than AOS and I am not too sure what dates to look at.

Thank you very much all and have a very Happy New Year and hope alll your applications go well.

Muraari

[Married_my_love 0]

Hi Muraari

since this is a *sticky* you might not get the replies as quick as if you started a thread with your questions. The quick response I'd give is to call the embassy and specifically ask about a US / Canadian dual citizen filing for direct consular filing (and a hint, don't say DCF as I found they say WHAT?)

sorry I couldn't be more help, but I do think you should post this as a sep thread in DCF and you'd get more info.

[the_joker_40 0]

hello all.

we are very new to this and reading all your posts and how easy of a time you had is very reassuring. I had a couple questions. My wife (Canadian) and I (US citizen) are wanting to move back to the States and heard that DCF is the easiest route. I was reading this posts and 1) wondering what USC means. 2) I was reading on what to expect after mailing off the I-130 and it said that we'll need to fill out a I-864 form which you'll need to show the past 3 tax returns and that you make 125% over the poverty limit to show you can support your spouse, I was wondering how you suppose to do that if we're both living in Canada and submitting all the forms form Toronto? 3) Is going to the Toronto Consulate really a lot easier then mailing the stuff?

thanks for your help

Chris

[misa 2]

hello all.

we are very new to this and reading all your posts and how easy of a time you had is very reassuring. I had a couple questions. My wife (Canadian) and I (US citizen) are wanting to move back to the States and heard that DCF is the easiest route. I was reading this posts and 1) wondering what USC means. 2) I was reading on what to expect after mailing off the I-130 and it said that we'll need to fill out a I-864 form which you'll need to show the past 3 tax returns and that you make 125% over the poverty limit to show you can support your spouse, I was wondering how you suppose to do that if we're both living in Canada and submitting all the forms form Toronto? 3) Is going to the Toronto Consulate really a lot easier then mailing the stuff?

thanks for your help

Chris

1. USC = U.S. Citizen (you)

2. Not sure, but see the CR-1/IR-1 forum and the guides.

3. DCF is being eliminated worldwide as of yesterday so it is no longer an option.

[meauxna 15]

3. DCF is being eliminated worldwide as of yesterday so it is no longer an option.

I think it is more accurate to say what is known as fact as of this moment:

US Consulates are not accepting I-130 petitions at this time.

It's not quite the same thing.

[misa 2]

3. DCF is being eliminated worldwide as of yesterday so it is no longer an option.

I think it is more accurate to say what is known as fact as of this moment:

US Consulates are not accepting I-130 petitions at this time.

It's not quite the same thing.

They're not accepting or adjudicating petitions as far as I understand. The Toronto consulate advises US citizens resident in Canada to file with USCIS directly.

[DeadPoolX 9]

Okay, so...I'm a bit confused. Meauxna said (in a different thread) that only "non-resident DCF is currently at stake," which means to me, that USC's who're resident in their SO's country (like you have to be in Canada) shouldn't be affected. Is this right or is this wrong? Is DCF still an option in Canada or has it been eliminated like other places as well?

It seems there's a bunch of information swirling about right now, and I can't make heads or tails of it. Every other post seems to contradict the last one.

[misa 2]

Toronto: http://toronto.usconsulate.gov/content/con...igrant_petition

Effective January 23, 2007, due to the provisions of the 2006 Walsh Act, PL 109-248, all immigrant petitions (I-130) must be adjudicated directly by mail with CIS in the U.S. The Department of State overseas, at any U.S. Embassy or Consulate, can no longer adjudicate I-130s. Therefore, U.S. Consulate Toronto will no longer accept I-130s. All petitioners resident in Ontario must file I-130s by mail with the CIS Service Center having jurisdiction over your U.S. place of residence. If you have no U.S. residence you may file an I-130 by mail to: USDHS/CIS Vermont Service Center, 75 Lower Weldon St, Saint Albans VT 05479. Before filing any I-130 please see www.uscis.gov/portal/site/uscis and follow links on services to permanent resident.

Beneficiaries of approved I-130s will receive IV instructions from: Department of State, National Visa Center (NVC), 32 Rochester Av, Portsmouth NH 03801-2909, http://travel.state.gov/visa/immigrants/ty...types_1309.html. After the beneficiary completes all required IV steps with NVC, NVC will send the beneficary's approved I-130 and IV file to Montreal, which will further correspond with the beneficiary, and eventually offer an IV appointment.

Total I-130 and IV processing time may be 12 months for beneficiary parents, spouse or minor children of U.S. citizens in Canada, who correctly follow all required instructions on a timely basis, longer for others.

I doubt it would be any different across the U.S. Consulates in Canada.

[meauxna 15]

I've also referred folks to this thread: http://britishexpats.com/forum/showthread.php?t=421108

I suggest that no one knows what the future of overseas filing is for the future. For the moment, no Consulates will accept/adjudicate petitions. Overseas USCIS Field Offices MAY still accept them.

Overseas offices have jurisdiction over the foreign residence of USCs. If you are a USC living outside the US, there is a CIS office that serves you, or a US Service Center designated for you. All of this information is spelled out in the Guide, including the link for finding your Field Office.

The term "DCF" has been misused so many times that it now means different things to different people. Strictly speaking, it is the act of filing the I-130 with a Consular officer under the 9FAM (see http://foia.state.gov/masterdocs/09fam/09n0200.pdf). As a practical matter, it can mean anything from that, to filing with any foreign office (consular or DHS) or the whole thing down to IV issuance. There are differences between all of these processes though.

If I were a USC living in Canada who was ready to file an I-130 I would wait a few days to let things shake down, and then I'd follow the instructions at the website in the first post of this thread.

If someone is eager to get their case started immediately, the option to file with Vermont Service Center is still open to you. Immigrant Visa cases aren't exactly flying out of Canada at the moment anyway, so where the petition is filed is of less importance.

DeadPoolX: you're right, there is a lot of information and NO information swirling around and most people can't make heads or tails from it. Doesn't that suggest a wait-a-bit strategy to you? IMO, everyone should lay back for a few and see what news comes out; there is no sense in perpetuating misinformation.

Edited January 25, 2007 by meauxna

[trailmix 77]

I just read this thread, although I did not have the option to DCF. This has to be one of the most useless threads ever pinned? Information is lacking and it's not up to date.

I have suggested people read this before, when they are new, to get some idea of the process - they always come back confused, now I know why!

[Chica Yeyé 41]

I just read this thread, although I did not have the option to DCF. This has to be one of the most useless threads ever pinned? Information is lacking and it's not up to date.

I have suggested people read this before, when they are new, to get some idea of the process - they always come back confused, now I know why!

Agreed - to the Mods... any chance of un-pinning or updating this thread?????????????

[trailmix 77]

Direct Consular Filing is again allowed in Canada as of March 2007.

Immigration Overseas Offices

Overseas Offices provide limited services to U.S. Citizens, permanent residents of the U.S. and certain other persons who are visiting or residing outside the United States who need assistance in immigration matters. These services include:

Immediate Relative Immigrant Petitions (Form I-130): For U.S. citizens residing outside the United States who wish to file a Petition for Alien Relative (Form I-130) for certain immediate relatives

American Consulates in Canada

[AaronE 0]

Hi, I am just getting started on my journey. My wife is an American citizen living here in Canada as a permanent resident and she is petitioning so that I can immigrate on a K-3. We just sent in our I-130's, G-325's, $190 USD and all of the supporting documents to the consulate here in Vancouver. I got a phone call from the consulate explaining that I had done everything wrong. First, she said the fee was $355. Then she said that the consulate does not accept the applications and I should send it to Nebraska. She is right now sending everything back to me.

From everything I have read here and on the instructions I have downloaded from the USCIS website, she was wrong? Am I correct? I'm thinking from what I am reading in this thread up to the last post that my wife and I should just go into the consulate here. Does that sound right?

Thank-you for anyone who might help.

[trailmix 77]

Hi, I am just getting started on my journey. My wife is an American citizen living here in Canada as a permanent resident and she is petitioning so that I can immigrate on a K-3. We just sent in our I-130's, G-325's, $190 USD and all of the supporting documents to the consulate here in Vancouver. I got a phone call from the consulate explaining that I had done everything wrong. First, she said the fee was $355. Then she said that the consulate does not accept the applications and I should send it to Nebraska. She is right now sending everything back to me.

From everything I have read here and on the instructions I have downloaded from the USCIS website, she was wrong? Am I correct? I'm thinking from what I am reading in this thread up to the last post that my wife and I should just go into the consulate here. Does that sound right?

Thank-you for anyone who might help.

Aaron, I sent you a PM.