General questions about filing IR-1 from Canada for UK Citizen

[SimonB86 0]

Hello, I am a UK Citizen married to a US Citizen (Californian) since 2016, and we would like to apply for my green card (IR1 VISA) from Canada and I have a few specific questions: 

 

1. Regarding the quickest and easiest way to file is it possible to file via DCF in Canada? (at the US consulate in Montreal?) I've seen mixed information on this in the articles. 

 

2. For bona fide marriage information is there anything specific to know or important to include? We don't have a joint bank account but we have a joint credit card and we filed taxes together for the last 5 years when we lived in France. 

 

3. For the I-864 affidavit of support would my wife be able to support me based on her current Canadian job? (she will not continue this job in the USA). She has filed taxes in USA every year since she left, she no longer has a bank account in the USA. She has a family home in California, would that be acceptable? Also would an amount of savings we have between us be considered as sufficient to prove she can support me, or we can support each other? 

 

4. At what point in the process would we be able to move to the USA? 

 

5. Considering this situation would it be advisable to use an immigration lawyer or is our case relatively simple? 

 

6. Finally, Would there be any issue if we moved from Canada to another country whilst the process is on-going? i.e. the UK. 

 

Any help is much appreciated. 

 

Simon

[mushroomspore 3,044]

57 minutes ago, SimonB86 said:

Hello, I am a UK Citizen married to a US Citizen (Californian) since 2016, and we would like to apply for my green card (IR1 VISA) from Canada and I have a few specific questions: 

 

1. Regarding the quickest and easiest way to file is it possible to file via DCF in Canada? (at the US consulate in Montreal?) I've seen mixed information on this in the articles. 

 

2. For bona fide marriage information is there anything specific to know or important to include? We don't have a joint bank account but we have a joint credit card and we filed taxes together for the last 5 years when we lived in France. 

 

3. For the I-864 affidavit of support would my wife be able to support me based on her current Canadian job? (she will not continue this job in the USA). She has filed taxes in USA every year since she left, she no longer has a bank account in the USA. She has a family home in California, would that be acceptable? Also would an amount of savings we have between us be considered as sufficient to prove she can support me, or we can support each other? 

 

4. At what point in the process would we be able to move to the USA? 

 

5. Considering this situation would it be advisable to use an immigration lawyer or is our case relatively simple? 

 

6. Finally, Would there be any issue if we moved from Canada to another country whilst the process is on-going? i.e. the UK. 

 

Any help is much appreciated. 

 

Simon

1. I'm personally unfamiliar with DCF so I will let someone else more knowledgeable comment about that.

 

2. Any documents proving financial co-mingling, co-habitation, travel together (boarding passes, flight itineraries with both people's info, etc), legal relationship to each other (listing each other as beneficiaries on any insurance policies), co-ownership of assets/property etc. are all considered very good evidence. Joint credit card and joint taxes are good. You don't really need to include things like chat logs, text messages, etc. Those are easy to fake and are not considered primary evidence.

 

3. I'm not 100% sure about this since I did not go through the IR-1 process. I'll let someone else comment on this to make sure you get correct info.

 

4. Well, the whole point of the IR-1 visa is that it is the only proof you will have that the US government has given you permission to move legally and permanently into the USA. So obviously, the only time you can move is after you get the visa stamp in your passport.

 

5. You guys sound like you should be fine. Lawyers are only really advisable for those with complex cases (illegal presence in the USA, intense criminal history, etc). If you are clean in both respects and can write/read English well, that's more than enough to DIY this process. This website is full of people who have been approved without lawyers.

 

6. It would probably be an annoyance to do that. I believe you can request your embassy/consulate to be changed after filing. But with COVID still technically ongoing and the resulting travel restrictions and the fact that it's always been somewhat difficult to get a hold of embassies/consulates, it sounds like an unnecessary complication to put upon yourself. You guys are going to quickly find out that communication with the immigration agencies is not easy or quick. So if you can stay put in Canada until you get the IR-1 visa, that'd be the absolute safest bet.

Edited June 9, 2021 by mushroomspore

[Ontarkie 14,571]

DCF is out 

 

Yes interview will be in Canada. Your wife's job/current income will not work. It has to be something that will continue after the move. 

Check out the Canada forum as you will learn just how difficult Montreal can be when it comes to domicile. They almost always want the USC back in the US working and living before approval. You cannot move to the US until your visa is approved. 

 

No lawyer needed unless you have some skeletons in your closet. 

 

If you move to another country just make sure you have legal resident status there. Not a visitor. The medical needs to be done in the country that you are interviewing at. There are a few exceptions to this as some countries has no Consulate.