DCF Canada: Yes Virginia, You Can

[jessica123 0]

Ok, this may sound look a stupid question, but for form DS-230 do we have to fill out one copy for me AND my husband since I will technically be "immigrating" with my husband even though I am already a US citizen (and the one sponsoring him)?

Also, regarding the affidavit of support. I will be on maternity/parental leave as of August 14th (but my baby isn't due to be born until Sept 17th). I am $500 shy of the 125% poverty rate for three people (based on my Canadian maternity/parental leave amount, my normal salary is MUCH higher than that) and I ALMOST have the 40 credits of Social Security to qualify for the shortened form (the form I have has me listed as having at least 35 credits and the only reason I don't have 40 listed is because I have worked in Canada for 2008 and 2009.) I saw online that the Social Security office will count time worked in Canada towards those credits but I am not sure how to get this in writing and how exactly this works. It is my nightmare to show up at the interview and not have sufficient proof of support. Has anyone else had to go through something similar?

[trailmix 77]

Ok, this may sound look a stupid question, but for form DS-230 do we have to fill out one copy for me AND my husband since I will technically be "immigrating" with my husband even though I am already a US citizen (and the one sponsoring him)?

Also, regarding the affidavit of support. I will be on maternity/parental leave as of August 14th (but my baby isn't due to be born until Sept 17th). I am $500 shy of the 125% poverty rate for three people (based on my Canadian maternity/parental leave amount, my normal salary is MUCH higher than that) and I ALMOST have the 40 credits of Social Security to qualify for the shortened form (the form I have has me listed as having at least 35 credits and the only reason I don't have 40 listed is because I have worked in Canada for 2008 and 2009.) I saw online that the Social Security office will count time worked in Canada towards those credits but I am not sure how to get this in writing and how exactly this works. It is my nightmare to show up at the interview and not have sufficient proof of support. Has anyone else had to go through something similar?

Hi jessica,

The DS-230 is only for your husband, you are not even technically immigrating.

You cannot not use Canadian income for the affidavit of support, so your salary and maternity leave income does not count.

Your credits are also irrelevant, it is the immigrant who would require the 40 credits - not you.

For support you will either need to show that you have the assets to cover it or you will need to get a joint sponsor. There is a Guides tab at the top of this page, you will want to read the DCF guide and the CR1 or IR1 guide, depending on which you are applying for.

You may also find reading some threads in the VJ Canada forum helpful: http://www.visajourney.com/forums/index.php?showforum=93

[chochamu 0]

I'm confused a bit regarding Packet 3. What exactly do i send back? the checklist and photocopies of documents along with the ds-230 forms or just the checklist, applicant statement and the ds-230 forms, do i also send back the AOS I-864 or is that form and proof handed in at interview time? If the AOS is handed in at the interview then there is some time to gather up our co-sponsors information before the interview which at this point and time will relieve a lot of the stress we are feeling right now.

Edited July 23, 2009 by chochamu

[americana2009 0]

Hello, I have been reading post but never posted so here goes. I am a U.S.C. and I have petitioned for my husband. So far here is our timeline:

April 20, sent I-30 to Toronto

May 23 recieved phone call from Toronto Embassy for Appointment for Toronto Embassy

June 20 had appt. at Embassy in Toronto

July 22 recieved package 3

Today July 23 returned package 3 (checklist and DS 23

August 12, medical Interview in Toronto for husband

after that we just wait...I think

[Lilsmor 0]

I am a bit of a newbie on this forum, so I apologize if my question is out of place. My husband and I did DCF in Vancouver back in May and then sent off our packet 3 to Montreal on June 25th. Just wondering if anyone else is in a similar situation and has heard back about their interview date yet? It seems like we should probably be hearing back soon?

[trailmix 77]

I am a bit of a newbie on this forum, so I apologize if my question is out of place. My husband and I did DCF in Vancouver back in May and then sent off our packet 3 to Montreal on June 25th. Just wondering if anyone else is in a similar situation and has heard back about their interview date yet? It seems like we should probably be hearing back soon?

Hi Lilsmore and welcome,

Have a look at the Canada Forum Montreal timeline to interview thread:

http://www.visajourney.com/forums/index.ph...t&p=3362076

[ruth&Moe 0]

Hello, I have been reading post but never posted so here goes. I am a U.S.C. and I have petitioned for my husband. So far here is our timeline:

April 20, sent I-30 to Toronto

May 23 recieved phone call from Toronto Embassy for Appointment for Toronto Embassy

June 20 had appt. at Embassy in Toronto

July 22 recieved package 3

Today July 23 returned package 3 (checklist and DS 23

August 12, medical Interview in Toronto for husband

after that we just wait...I think

I'm in the same boat- just sent in an I-130 for my minor child to the toronto consulate.

I'm beginning to regret it. First of all, they have no case status online checking like the USCIS website does. I can't even get them to confirm if they received the package in the mail.

And now i see from your post that it takes 2 months to get the interview in toronto anyway!!!! Thats how long i waited for the last i-130 i filed in the US to be approved, without an interview. Have i saved anything, time or money, by filing here rather than in the US??? doesnt look like it. wish i could take it back and file with CIS, that way there's no I-130 interview at all, only the Montreal interview.

Edited October 23, 2009 by ruth&Moe

[Edmontongirl 0]

Hi everyone,

I am new here, trying to figure all this out. I filed an 1-130 for my Canadian husband today at the Calgary consulate. They told me I should hear back from Montreal in 4-6 weeks regarding approval of the 1-130 and assignment of a case number. The letter they gave me says that when I hear back from Montreal in 4-6 weeks, I will also receive a packet of info (is this the famous 'packet 3'?) to complete and return. At this point, it says that Montreal will schedule and inform by mail the beneficiary of the appointment, which 'could occur' 6-8 months thereafter. Looking through this thread, it seems like things have been going a bit faster than that for people filing this year.... my husband is a teacher and we are hoping to have all this completed by July so he can get a job for next fall.

So can anyone answer my questions about the timeline of what to expect, which is what I have tried to figure out from this forum:

1. Filed 1-130 at Calgary consulate today. Wait 4-6 weeks to hear back re: approval from Montreal and receive packet 3.

2. File packet 3 ASAP. Wait for interview scheduling.

3. Will receive interview appointment time and packet 4 around 3-6 weeks pre-interview date.

4. Complete medical and packet 4 prior to interview.

5. Go to Montreal for interview. If approved, visa will be received in around a week.

Thanks for your help! Edmontongirl

[Chica Yeyé 41]

yes, chica, you got that right.

Start gathering your documents. For police certificate I recommend you guys go to St. Albert -to the RCMP detachment next to the big mall there (can't remember the name, it was a while back). Also, I think the Dr. Chana that used to make the medicals is no longer doing them, so I don't know where you will have to go; but Montreal will let you know, or possibly someone on VJ.

Best of luck and say ohai to Old Strathcona for me

[Edmontongirl 0]

yes, chica, you got that right.

Start gathering your documents. For police certificate I recommend you guys go to St. Albert -to the RCMP detachment next to the big mall there (can't remember the name, it was a while back). Also, I think the Dr. Chana that used to make the medicals is no longer doing them, so I don't know where you will have to go; but Montreal will let you know, or possibly someone on VJ.

Best of luck and say ohai to Old Strathcona for me

Thanks for the speedy reply. I have a few more questions:

For packet 3, you just check off the checklist and complete that form? You don't actually send copies of any documents? That sounds really easy.

How much am I going to spend in total? I spent $355 on the 1-130, and it looks like it costs $400 in Montreal. Then we have to pay for the medical and the biometrics? Is that it?

[Chica Yeyé 41]

It is relatively "easy". When you get the checklist, and you have ALL your documents, you let them know by sending it in and then wait until the cows come home. Then you bring your documents to the interview in Montreal. Bring all the originals and of course copies they will keep.

Me thinks the price is about right - I did mine 3 years ago. The medical back then was something like 100 --- there is no biometrics fee for DCF, since you will get fingerprinted in Montreal, so it's part of your visa price.

[NBtoPitt 2]

Hi everyone,

Sorry if this question has been answered, but I skimmed all previous replies to check for the answer (admittedly briefly) and nothing stood out. My American husband and I (Canadian) are beginning the visa process and desperately want to be able to live together when he begins school in PA in the fall. For the next six months, however, he will be living with me here in Canada (our consulate will be Halifax, if that makes a difference) until the summer when he will go back to PA to find accommodations and work before school starts. We would like to do DCF, but he is not a permanent resident. He is, however, legally allowed to live here for six months. Does that count as a legal resident if his name is on the lease and bills? Thanks in advance for your help!

Note: I just wanted to add that we're very familiar with the K-3 process as we expected to do that, but DCF is pretty new to us.

[Kathryn41 3,205]

Hi PixelUlu,

Welcome to VJ. From my understanding your husband needs to have a valid type of residence status in Canada, not just be legally present in Canada as a visitor who is allowed to stay for up to 6 months. He needs to have documentation from Citizenship and Immigration Canada along the lines of a temporary resident visa (eg work or a student) or be an actual permanent resident of Canada who is severing residential ties with Canada and returning to the US. He needs to provide Canadian issued identification which he won't have if he is only a visitor.

One option you should be considering instead of the K-3 is the CR-1. The K-3 was originally set up when it was taking a long time to process the CR-1 and it allowed the non-US partner to move to the US to finish the processing. The processing time for the K-3 and the CR-1 are now nearly the same so the single benefit of doing a K-3 has been lost. On the K-3 the immigrant would still have to file to become a Permanent Resident (AOS) and is not allowed to work until they receive an employment authorization (EAD). With the CR-1, when the immigrant enters the US they become a permanent resident, get their green card and are allowed to work and travel without restrictions. The CR-1 also costs less, so it might be a better idea to read up on that process instead.

Also, join us in the Canada Regional Forum - there are many individuals there who have been through the different processes and can share their experience and knowledge with you.

[trailmix 77]

Hi,

They may or may not let you file while he is here, they really only give two criteria for the U.S. petitioner: link

Evidence of the petitioner's U.S. citizenship, such as a U.S. passport, U.S. birth certificate or U.S. Naturalization or Citizenship Certificate.

Evidence of Petitioner's legal long term residence status in Canada, such as a provincial healthcare card, provincial driving license or Canadian immigrant card.

Since your Husband will not have any of these, that might pose a problem with filing.

If you are actually in Halifax your USC Husband could just drop by the consulate and ask - otherwise you could try calling them, there info is here:

http://www.consular.canada.usembassy.gov/halifax.asp

As an aside, you might want to consider filing for the CR1 instead of the K3 - if you can't DCF. The K3 is all but redundant - it takes about the same time to process as a CR1 and costs a lot more.

If you have any more questions you might want to consider posting them in the Canada forum here on VJ as this thread is pretty old

http://www.visajourney.com/forums/index.php?showforum=93

[NBtoPitt 2]

Hi PixelUlu,

Welcome to VJ. From my understanding your husband needs to have a valid type of residence status in Canada, not just be legally present in Canada as a visitor who is allowed to stay for up to 6 months. He needs to have documentation from Citizenship and Immigration Canada along the lines of a temporary resident visa (eg work or a student) or be an actual permanent resident of Canada who is severing residential ties with Canada and returning to the US. He needs to provide Canadian issued identification which he won't have if he is only a visitor.

One option you should be considering instead of the K-3 is the CR-1. The K-3 was originally set up when it was taking a long time to process the CR-1 and it allowed the non-US partner to move to the US to finish the processing. The processing time for the K-3 and the CR-1 are now nearly the same so the single benefit of doing a K-3 has been lost. On the K-3 the immigrant would still have to file to become a Permanent Resident (AOS) and is not allowed to work until they receive an employment authorization (EAD). With the CR-1, when the immigrant enters the US they become a permanent resident, get their green card and are allowed to work and travel without restrictions. The CR-1 also costs less, so it might be a better idea to read up on that process instead.

Also, join us in the Canada Regional Forum - there are many individuals there who have been through the different processes and can share their experience and knowledge with you.

Thanks for the quick response! I'm disappointed to hear about the residency issue, but I've heard that if you receive your NOA2 from your I-130 before you begin the interview process for your K-3 then you can switch to the CR-1. Is this possible? That way, wouldn't I be technically keeping both doors open and taking whichever opens first?

Edit: I posted before I read trailmix's response. Thank you for the information as well! I will definitely look into the CR-1 and the Canada forum

Edited January 20, 2010 by PixelUlu