DCF in Montreal

[Carrie123 1]

Hello, Has anyone been through the process of DCF from Montreal. I am a US citizen living in Canada married to a Canadian citizen with three Canadian children. We would like to make our way to living in the States. Can I initiate the I-130 from the consulate? We are just getting started. 

[mam521 2,062]

I've only seen 1 case of DCF out of Montreal.  It's very uncommon.  

 

Are the children yours?  Do they qualify for CRBA? 

 

Have you been filing your US Income Tax while living in Canada?

[Carrie123 1]

Thanks 

 

My kids do not qualify CRBA through me, I have been away since I was 14, but maybe they can through grandma, but it is my understanding that even with citizenship this does not allow for immigration necessarily. 

 

I have not been filing with the IRS. 

 

I don't see it possible to be separated with three very young children. 

 

We have been married for 15 years. 

 

 

 

[Crazy Cat 41,865]

17 minutes ago, Carrie123 said:

Hello, Has anyone been through the process of DCF from Montreal. I am a US citizen living in Canada married to a Canadian citizen with three Canadian children. We would like to make our way to living in the States. Can I initiate the I-130 from the consulate? We are just getting started. 

Only if they consent to accepting your case.  You will need exceptional circumstances. 

Edited April 6, 2022 by Crazy Cat

[Crazy Cat 41,865]

Just now, Carrie123 said:

I don't see it possible to be separated with three very young children. 

That is not a circumstance which warrants DCF.  You can file for a spousal visa stateside and remain in Canada during normal processing.  

[Carrie123 1]

Thanks! So we want to do things very thoroughly and diligently for as long as it may take and stay together. I will read up about the spousal Visa, but what about my three kids 7yrs 4 yrs 6 months? How long would the spousal visa process take? 

[Boiler 45,519]

You portion your Canadian children as well

 

18 months

 

Will you be getting a job or do you have a joint sponsoring 

[aaron2020 11,651]

22 minutes ago, Carrie123 said:

Thanks! So we want to do things very thoroughly and diligently for as long as it may take and stay together. I will read up about the spousal Visa, but what about my three kids 7yrs 4 yrs 6 months? How long would the spousal visa process take? 

You need to file for all four of them.  Your children are not US citizens.  They will need immigrant visas.

 

The entire process will take 1-2 years.

 

You file separate I-130 for your spouse and children (4 total I-130).  Once they get immigrant visas, all of you can move together.  Upon entry into the US, the children will automatically become US citizens.  (Yes, they need to go through this process to get US citizenship.). Your spouse will be a green card holder.

 

You need to file US tax returns.  This is required for all US citizens even if nothing is earned in the US.  If you fail to file US tax returns as required, then your family will not qualify for immigrant visas.  You have to be able to meet the financial requirements of the I-864 Affidavit of Support to get your husband to the US.  

 

Do you have assets to qualify for a family of 5?  If not, then you will need a Joint Sponsor.  A US citizen or US green card holder who has the required income and/or assets to bring your spouse to the US.

 

You do not qualify for DCF.   You can not file the I-130 directly with the US Consulate.  

Edited April 6, 2022 by aaron2020

[mam521 2,062]

Montreal is an extremely challenging consulate and when they say extraordinary circumstances, they mean extraordinary.  It's rare to get an expedite, let alone a direct filing.  

 

Why would you have to be separated?  Many spouses live together and go through the process.  It's not until the interview that the intent to reestablish domicile has to be demonstrated.  

 

Immigration, in general, is NOT a fast process.  Everyone tries to find the loopholes to shorten their path.  Unfortunately, there are few to no holes.  Everyone has to just take their turn and wait.  If you'd like to see timelines, there's a link to a spreadsheet for IR/CR's at the Montreal signature.  The majority of the people have already had their I-130's approved and are waiting on their interviews.  We have had a thread going for a couple of years now.  You can take a look if you like.  If you want to join, please fill out your timeline https://www.visajourney.com/timeline/profile.php?id=417456 and feel free to participate after reading the FAQ's (also in my signature) 

 

 

[Carrie123 1]

Thank you all for your input. I am just getting familiarized with this platform. 

 

So to recap: We want to permanently move to the US. We have higher education in high demand and we are certain finding good paying jobs will be no problem, in fact we are confident our careers would flourish in the States. We have just the amount of assets to pull this off. I have family in the States with whom we could live until we get settled. I have never filed with the IRS. I need to clear that up ASAP and I'm on it. 

 

We would like to stay together. It was my understanding I could only petition I-130 from within the States, separated from my family. So I can fill I-130 for each of my family members while all of us are in Canada? Again, we don't mind waiting at all. Exactly, I do not want loopholes nor risking anything. I'm trying to find the correct route, but finding twists and turns. 

 

As a US citizen could I find a job before moving? What if I got a job offer? What are the different scenarios we could explore relying on my work perspectives in the States as a US citizen? As for my husband? 

 

I will fill out my timeline. 

 

Thank you friends! 

 

 

[aaron2020 11,651]

9 minutes ago, Carrie123 said:

Thank you all for your input. I am just getting familiarized with this platform. 

 

So to recap: We want to permanently move to the US. We have higher education in high demand and we are certain finding good paying jobs will be no problem, in fact we are confident our careers would flourish in the States. We have just the amount of assets to pull this off. I have family in the States with whom we could live until we get settled. I have never filed with the IRS. I need to clear that up ASAP and I'm on it. 

 

We would like to stay together. It was my understanding I could only petition I-130 from within the States, separated from my family. So I can fill I-130 for each of my family members while all of us are in Canada? Again, we don't mind waiting at all. Exactly, I do not want loopholes nor risking anything. I'm trying to find the correct route, but finding twists and turns. 

 

As a US citizen could I find a job before moving? What if I got a job offer? What are the different scenarios we could explore relying on my work perspectives in the States as a US citizen? As for my husband? 

 

I will fill out my timeline. 

 

Thank you friends! 

 

 

Your education and job prospects are irrelevant to immigrating to the US.

 

Great that you have family in the US.  One of them can be your spouse's Joint Sponsor if necessary for the I-864.

 

You can file the I-130 from anywhere in the world.  You can file online or mail the petitions to the US.  You can file while all of you are in Canada.  There is NO SEPARATION during the process unless you make the choice to separate during the process.  You should have zero anxiety about separation.  Your family will get immigrant visas and you can all move to the US together.  

 

Get started on the I-130 first.  Your tax returns can wait.  You have a year before you need tax returns.  You need to file the I-130 to start this immigration process.  

You can find a job before moving.  You can work anytime since you are a US citizen.  

Your husband can start looking for work.  However, he can only work in the US once he becomes a green card holder.  

 

Get on the I-130s.  

Good luck.

[carmel34 3,633]

Montreal is very strict on US domicile for the USC petitioner.  Here is a link to a VJ post with 65 pages of comments sharing actual experiences for couples in your same situation.  I suggest that you become familiar with how others have addressed this challenge by scanning through the pages, especially the more recent ones.  Good luck!

 

 

[Carrie123 1]

12 minutes ago, aaron2020 said:

Your education and job prospects are irrelevant to immigrating to the US.

 

Great that you have family in the US.  One of them can be your spouse's Joint Sponsor if necessary for the I-864.

 

You can file the I-130 from anywhere in the world.  You can file online or mail the petitions to the US.  You can file while all of you are in Canada.  There is NO SEPARATION during the process unless you make the choice to separate during the process.  You should have zero anxiety about separation.  Your family will get immigrant visas and you can all move to the US together.  

 

Get started on the I-130 first.  Your tax returns can wait.  You have a year before you need tax returns.  You need to file the I-130 to start this immigration process.  

You can find a job before moving.  You can work anytime since you are a US citizen.  

Your husband can start looking for work.  However, he can only work in the US once he becomes a green card holder.  

 

Get on the I-130s.  

Good luck.

Got it, that's what I needed to hear and clarify. 

 

So when we do eventually get our Visas will it matter if I have a job to go to or not? 

 

Again, I'm just getting familiar with this platform, lots for me to explore here. 

[Boiler 45,519]

Best for you to get a job and show domicile.

[Carrie123 1]

Got it..