DCF Canada: Yes Virginia, You Can

[trailmix 77]

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

Yes that is generally true, when your I-130 and I-129 get approved, you can continue on with the process through NVC with the CR1, thereby doing away with the K visa.

We never filed a I-129F - so i'm not as familiar with it, what I do know is that if you have a CR1 you are an immigrant and become a permanent resident as soon as you cross the border, you will receive your green card in the mail in a couple of weeks and can either have your SS card mailed to you automatically or go and apply for it in around 2 weeks.

With the K3 you are a non-immigrant until you file your adjustment of status and it is approved - currently that cost is around $1010 dollars and until that processing is completed you cannot work. Just some extra stuff to consider

[Siren66 0]

Hi everyone...

For those of you who are just starting or investigating this process --- Please don't let yourselves get overwhelmed... Make sure the paperwork is in order & don't be afraid to call the consultes & ask questions... It is not a difficult process (just a bit of a pain in the butt)... The I-130 was approved instantly & the worst part is just waiting for an interview in Montreal...

We were told when we filed the I-130 that the expected time frame to completion & visa in hand was around 2-3 months total... This is a bit optamistic... We filed in Mid November & our visa interview is not scheduled until March 29th (so basically 4 & 1/2 month rather than 2 or 3 months)... We will be moving (as long as all goes well) the first part of April....

Hugs

Tanya

THANK YOU so much. I finally have some hope!! My BF is USC and I am Canadian. He came here Aug/09 and is still here Mar/10...yes we know it is over the 6 months. We can't bear to be parted. He has not been working but I have supported both of us. Upon receiving my final divorce papers (hopefully by June) we want to start saving money for all these processes as we want to get married.

Eventually we want to live in the US and believe the easiest way will be to get married, make him a permanent resident and then "do the DCF" as they say. To that end once we are married he will go home, get his background checks done etc. When he has all that stuff I will fly down to visit. Then we will come back through and inform that we are married and going to apply for PR status for him. This visa they issue at the border...is it a visitors visa or does it include a work visa?

Sorry this may seem erratic but I have done a lot of research and felt I was running around in circles and was getting no where but frustrated.

[trailmix 77]

THANK YOU so much. I finally have some hope!! My BF is USC and I am Canadian. He came here Aug/09 and is still here Mar/10...yes we know it is over the 6 months. We can't bear to be parted. He has not been working but I have supported both of us. Upon receiving my final divorce papers (hopefully by June) we want to start saving money for all these processes as we want to get married.

Eventually we want to live in the US and believe the easiest way will be to get married, make him a permanent resident and then "do the DCF" as they say. To that end once we are married he will go home, get his background checks done etc. When he has all that stuff I will fly down to visit. Then we will come back through and inform that we are married and going to apply for PR status for him. This visa they issue at the border...is it a visitors visa or does it include a work visa?

Sorry this may seem erratic but I have done a lot of research and felt I was running around in circles and was getting no where but frustrated.

Hi,

Welcome to VJ.

This particular sticky thread isn't used much, so you probably won't get many replies here. The posting you were replying to is 4 years old. It takes a bit longer to get the visa in hand now, the interview scheduling in Montreal (which is where you go for your interview) has slowed down quite a bit, it will take 3-4 months just to get that interview, once you have filed your I-130, had that approved etc. You might want to try posting your questions in either the DCF forum directly (ie: starting a new topic), or in the Canada forum.

Canada forum: http://www.visajourney.com/forums/forum/93-canada/

I'm not sure what you mean when you say he will go home and have all his background checks done etc. As the U.S. citizen he doesn't need police checks or anything - that is only for you. All he needs really is proof of U.S. citizenship and proof of U.S. income (or you will need a joint sponsor).

I would recommend you start by reading the Guides, the link is found at the top of this page.

Good luck!

Edited March 14, 2010 by trailmix

[txladykat 1]

This is kind of off topic, but I am trying to help a friend and I figured who better to ask than someone who has been through the Canadian immigration process

My friend lives in Canada and is engaged to someone in Australia. Can he move to Canada after the marriage then file for residency, or must he file for Canadian residency first?

[canok 0]

Hi Edmontongirl,

How long did it take for you to her back from Montreal after filing in Calgary?

I'm doing the same route and it's been 10 weeks without hearing anything.

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

[trailmix 77]

Hi,

You might want to check the Montreal Timeline to Interview thread - edmontongirl's timeline is on there. She filed her I-130 on November 2nd and it was approved December 30th.

So around 8 weeks for her.

[canok 0]

Thank you so much for the quick response... I guesss I will try and be patient. I would just feel better if I at least had a file number assigned.

Thanks again.

Hi,

You might want to check the Montreal Timeline to Interview thread - edmontongirl's timeline is on there. She filed her I-130 on November 2nd and it was approved December 30th.

So around 8 weeks for her.

[trailmix 77]

Thank you so much for the quick response... I guesss I will try and be patient. I would just feel better if I at least had a file number assigned.

Thanks again.

You're welcome!

Oh and while you are browsing, since you filed DCF - you may want to look at the Proving Domicile thread. Montreal is very strict about domicile.

[kimberlyk21 1]

This is kind of off topic, but I am trying to help a friend and I figured who better to ask than someone who has been through the Canadian immigration process

My friend lives in Canada and is engaged to someone in Australia. Can he move to Canada after the marriage then file for residency, or must he file for Canadian residency first?

My hubby and I went through Canadian immigration in 2007. Yes he can move to Canada after the marriage and reside here during processing. However, I would suggest filing the paperwork and paying all the necessary fees before he moves here to prove to the border agent that your intentions are legit and that you have already begun the process.

My hubby and I were married in November 2006. He went back to the US 4 or 5 days after the wedding to pack and I flew down and drove up with him in December 2006. I had already filed the necessary documents for his immigration and paid the $1000 (that's what the costs were back then - I paid all the fees upfront rather than waiting for requests from the govn't as that speeds up the processing times too). As soon as the border agent saw that we had paid all that money already he figured we were doing things the legal way and gave him a 6 month visitor visa stamp in his passport. There are many great forums on Canadian immigration. We found all the help we needed here:

immigration.ca

Good luck!!

[Tat2dag 0]

Hello.

First off, this forum has been a Godsend with regards to figuring out how to best manage my situation. So thanks to those who take the time to provide information and share their experiences.

Here's my situation... I have held a GC for over 25 years, but relocated to Vancouver, Canada about three years ago. I am assuming that my GC is considered invalid (though I have never had that verified, as I travel across the border with my CA passport). We are planning to move back to the States within the next 6 months, so I will be initiating a DCF within the next week or so. So here's my questions...

Should I surrender my GC before submitting the I-130? I don't want anything to complicate the process, such as putting a valid Alien Registration number on an application.

Or, should I just move back to the States, not say anything about my GC, and just act like I never left? I'm pretty sure I know the answer to this, but thought I'd ask.

Lastly, is there any value in having all my Packet 3 info put together at the time we submit the I-130? Is it possible to immediately submit it once the I-130 is approved?

Thanks a lot.

Graeme

[trailmix 77]

Hi and welcome, I answered in your other thread:

http://www.visajourney.com/forums/topic/261491-surrender-and-re-apply/page__p__4013184#entry4013184

[kaka-shi 0]

Dear Forum-mates: This may be a simple question.

If a US citizen has been working under NAFTA as a professional in Canada for more than one year, would his work permit obtained under NAFTA qualify him for DCF for his spouse?

Consulate General's Toronto Website requires these documents:

Copies of multiple evidence of the petitioner's & beneficiary's lawful residence in Ontario, Canada, e.g. immigration documents, provincial health card or driving license, lease, utility or banking statements over time. The petitioner must also show a long term visa or other permission from Canadian immigration authorities to reside in Ontario, Canada and have done so for at least 6 months before filing the I-130.

It is not very clear from these instructions. Thank you for any input that you may have.

[birdnerd 5]

Dear Forum-mates: This may be a simple question.

If a US citizen has been working under NAFTA as a professional in Canada for more than one year, would his work permit obtained under NAFTA qualify him for DCF for his spouse?

Consulate General's Toronto Website requires these documents:

Copies of multiple evidence of the petitioner's & beneficiary's lawful residence in Ontario, Canada, e.g. immigration documents, provincial health card or driving license, lease, utility or banking statements over time. The petitioner must also show a long term visa or other permission from Canadian immigration authorities to reside in Ontario, Canada and have done so for at least 6 months before filing the I-130.

It is not very clear from these instructions. Thank you for any input that you may have.

I believe it should be permissable. If you are a US citizen residing/working in Canada legally, for more than 6 months, you are eligible to file DCF. Note the requirements for proving residency. Do you have any documentation of your NAFTA work status?

One caveat - Montreal is awfully, painfully slow, at virtually everything right now. Filing DCF seems like it should be a fast and easy option, but it actually isn't. There's one person who went 4 months from start to finish. Wish I knew how!

Good luck, and come join us in the Canadian forum... http://www.visajourney.com/forums/forum/93-canada/

[kaka-shi 0]

THANKS, Birdnerd, for the quick response.

I thought a NAFTA work permit would make the cut too but just wanted confirmation from other members. Do you know (or read about) any NAFTA temp. worker who actually successfully went through with DCF?

So it will take four months from filing the I-130 to getting the immigrant visa (ready to travel)? That is still faster than filing in the US. Would you still recommend DCF after the fact?

Thanks again!

[birdnerd 5]

THANKS, Birdnerd, for the quick response.

I thought a NAFTA work permit would make the cut too but just wanted confirmation from other members. Do you know (or read about) any NAFTA temp. worker who actually successfully went through with DCF?

So it will take four months from filing the I-130 to getting the immigrant visa (ready to travel)? That is still faster than filing in the US. Would you still recommend DCF after the fact?

Thanks again!

Definitely NOT saying it will take 4 months. That is the shortest Canadian DCF I have seen, most others are longer, usually more than 6-7 months, some more than a year (see Cowgirl2). We are at 5 months since I-130 filed at Toronto, with no interview date set yet, so possibly another 2 months, at least.

The problem with DCF is that there's absolutely no transparency or accountability. You can't check if your case has been 'touched', you don't have NVC scheduling your interview at regular intervals. You just kind of sit there in a black hole until someone gets around to assigning you a date. It does get kind of frustrating to see people (at other consulates around the world) who weren't even married yet when you sent off your application now have their visa in hand, while we're still waiting.

I unfortunately don't know of any other people applying DCF while on a NAFTA work permit. It's called TN status from Can-US, is it the same in this direction? I presume all you'd have to have is some documentation showing you are resident here.

Good luck!

Edited June 27, 2010 by birdnerd