Direct Consular Filing Best Option (Based in Canada)

[Canucklehead 102]

Hi everyone! I've been looking into all of the various ways to move to the USA and I wanted to run by my (proposed) idea for the best way to do it for my situation.

 

About me: I am a Canadian citizen currently living in Toronto. My wife has been a Canadian Permanent Resident since March of 2018 and is also a US citizen. We have lived together in Canada since that time. However, we would like to move to California in the near future and are now looking at the best way to do so (preferably without ever needing to be apart).

 

Analysis: From looking at all of the available options, it seems like we are best suited to go for a Direct Consular Filing application. The reason being is that we both live legally in Canada at the moment, and it would allow us to apply from Canada (while continuing to work here), and move to the US together when the application is complete. We plan on living with her parents when we arrive in California, so we have our destination address ready as well.

 

Could anyone verify if this would be the best course of action given our situation? Any additional info such as things to remember, or questions you have for me which might help you better answer my question are also welcome. Thank you and have a great day!

[payxibka 10,047]

1 minute ago, Canucklehead said:

Hi everyone! I've been looking into all of the various ways to move to the USA and I wanted to run by my (proposed) idea for the best way to do it for my situation.

 

About me: I am a Canadian citizen currently living in Toronto. My wife has been a Canadian Permanent Resident since March of 2018 and is also a US citizen. We have lived together in Canada since that time. However, we would like to move to California in the near future and are now looking at the best way to do so (preferably without ever needing to be apart).

 

Analysis: From looking at all of the available options, it seems like we are best suited to go for a Direct Consular Filing application. The reason being is that we both live legally in Canada at the moment, and it would allow us to apply from Canada (while continuing to work here), and move to the US together when the application is complete. We plan on living with her parents when we arrive in California, so we have our destination address ready as well.

 

Could anyone verify if this would be the best course of action given our situation? Any additional info such as things to remember, or questions you have for me which might help you better answer my question are also welcome. Thank you and have a great day!

Residency based DCF is no longer an option.   Exceptional circumstances is only option.  Nothing you describe rises to exceptional circumstance 

[Canucklehead 102]

16 minutes ago, payxibka said:

Residency based DCF is no longer an option.   Exceptional circumstances is only option.  Nothing you describe rises to exceptional circumstance 

Thank you for your response. I researched what you said a bit and found this https://lawandborder.com/i-130s-no-longer-accepted-by-uscis-international-offices/ as well (in case anyone else is following along with this thread).

 

In that case, is there a way that we can apply for me to get a Visa, without my wife being required to be present in the United States?

 

If that is the case, I have two follow up questions:

As a Canadian, am I allowed to be in the USA as a tourist (currently up to 6 months), while this process is underway?

Are there any plans to re-open DCF as an option under the Biden administration?

Edited January 12, 2021 by Canucklehead

[payxibka 10,047]

7 minutes ago, Canucklehead said:

Thank you for your response. I researched what you said a bit and found this https://lawandborder.com/i-130s-no-longer-accepted-by-uscis-international-offices/ as well (in case anyone else is following along with this thread).

 

In that case, is there a way that we can apply for me to get a Visa, without my wife being required to be present in the United States?

 

If that is the case, I have two follow up questions:

As a Canadian, am I allowed to be in the USA as a tourist (currently up to 6 months), while this process is underway?

Are there any plans to re-open DCF as an option under the Biden administration?

There is an entire DCF forum where this has been actively discussed, some for several years now since the USCIS started closing international offices 

 

Petition can be submitted anytime.  USC resident in the US not required 

 

Normal entry requirements apply 

 

Trump didn't shut down DCF, budgets did

Edited January 12, 2021 by payxibka

[Crazy Cat 42,464]

7 minutes ago, Canucklehead said:

As a Canadian, am I allowed to be in the USA as a tourist (currently up to 6 months), while this process is underway?

Are there any plans to re-open DCF as an option under the Biden administration?

1.  Visiting the US during the spousal visa process is not prohibited.  

2.  There are currently no plans.  You just have to apply like everyone else, and convince the CO in Montreal that your wife intends to re-establish domicile.  In addition, a qualified joint sponsor will probably be warranted.

The spousal visa process during pre-Covid times took 12-18 months.  It could be significantly longer now.

[RPete 73]

47 minutes ago, Canucklehead said:

Hi everyone! I've been looking into all of the various ways to move to the USA and I wanted to run by my (proposed) idea for the best way to do it for my situation.

 

About me: I am a Canadian citizen currently living in Toronto. My wife has been a Canadian Permanent Resident since March of 2018 and is also a US citizen. We have lived together in Canada since that time. However, we would like to move to California in the near future and are now looking at the best way to do so (preferably without ever needing to be apart).

 

Analysis: From looking at all of the available options, it seems like we are best suited to go for a Direct Consular Filing application. The reason being is that we both live legally in Canada at the moment, and it would allow us to apply from Canada (while continuing to work here), and move to the US together when the application is complete. We plan on living with her parents when we arrive in California, so we have our destination address ready as well.

 

Could anyone verify if this would be the best course of action given our situation? Any additional info such as things to remember, or questions you have for me which might help you better answer my question are also welcome. Thank you and have a great day!

There was a user here who recently was successful in DCF from Canada, as they had a job offer. It’s worth contacting them regarding the process.

[pushbrk 13,157]

2 hours ago, RPete said:

There was a user here who recently was successful in DCF from Canada, as they had a job offer. It’s worth contacting them regarding the process.

That would be an "exceptional circumstance" as was already mentioned.  Doesn't apply to the OP.  They simply "would like to".....

[Canucklehead 102]

5 hours ago, RPete said:

There was a user here who recently was successful in DCF from Canada, as they had a job offer. It’s worth contacting them regarding the process.

Thank you for your response! I will search for this thread.

[Canucklehead 102]

3 hours ago, pushbrk said:

That would be an "exceptional circumstance" as was already mentioned.  Doesn't apply to the OP.  They simply "would like to".....

Thank you for responding - in terms of having a job, does the visa process typically only apply to people who were 'forced' to transfer to the US as part of their job, i.e. forced relocation? Or,  if my wife were to find a position in the US now (while still living in Canada), would that count as an 'exceptional circumstance'?

[Canucklehead 102]

6 hours ago, payxibka said:

There is an entire DCF forum where this has been actively discussed, some for several years now since the USCIS started closing international offices 

 

Petition can be submitted anytime.  USC resident in the US not required 

 

Normal entry requirements apply 

 

Trump didn't shut down DCF, budgets did

Thank you - for anyone who is a blind bat like me and missed it - the DCF forum can be found here - https://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

[payxibka 10,047]

2 minutes ago, Canucklehead said:

Thank you for responding - in terms of having a job, does the visa process typically only apply to people who were 'forced' to transfer to the US as part of their job, i.e. forced relocation? Or,  if my wife were to find a position in the US now (while still living in Canada), would that count as an 'exceptional circumstance'?

Typically a job offer with a short relocation expectation qualifies.  Regular job offers have had mixed success. 

[pushbrk 13,157]

2 hours ago, Canucklehead said:

Thank you for responding - in terms of having a job, does the visa process typically only apply to people who were 'forced' to transfer to the US as part of their job, i.e. forced relocation? Or,  if my wife were to find a position in the US now (while still living in Canada), would that count as an 'exceptional circumstance'?

Forced is too strong a word.  For example, if your wife works for a US Company in Canada, and is being transferred, and significant hardship would occur if she left Canada without her spouse, then maybe.  You don't have an exceptional circumstance.  Don't try to manufacture or contrive one.  Just get on with the process.  It's a long one.

[NancyNguyen 1,658]

15 hours ago, RPete said:

There was a user here who recently was successful in DCF from Canada, as they had a job offer. It’s worth contacting them regarding the process.

Irrelevant case.

[Boiler 46,216]

Canada is particularly insistent on showing obvious domicile so bear that in mind, well it has been,

[Canucklehead 102]

1 hour ago, Boiler said:

Canada is particularly insistent on showing obvious domicile so bear that in mind, well it has been,

Thank you for your post! My wife has paid taxes to the US each year, has voted in every election, holds a US bank account and we would be moving to her parent's place so we would have a specific address we could point to as our intended address. DO you reckon this would be enough to prove domicile for her when applying?

12 hours ago, pushbrk said:

Forced is too strong a word.  For example, if your wife works for a US Company in Canada, and is being transferred, and significant hardship would occur if she left Canada without her spouse, then maybe.  You don't have an exceptional circumstance.  Don't try to manufacture or contrive one.  Just get on with the process.  It's a long one.

Appreciate it!