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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > Direct Consular Filing (DCF) General Discussion

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meauxna
QUOTE(misa @ Jan 24 2007, 02:37 PM) *
3. DCF is being eliminated worldwide as of yesterday so it is no longer an option.

I think it is more accurate to say what is known as fact as of this moment:
US Consulates are not accepting I-130 petitions at this time.

It's not quite the same thing.
misa
QUOTE(meauxna @ Jan 24 2007, 06:09 PM) *
QUOTE(misa @ Jan 24 2007, 02:37 PM) *
3. DCF is being eliminated worldwide as of yesterday so it is no longer an option.

I think it is more accurate to say what is known as fact as of this moment:
US Consulates are not accepting I-130 petitions at this time.

It's not quite the same thing.


They're not accepting or adjudicating petitions as far as I understand. The Toronto consulate advises US citizens resident in Canada to file with USCIS directly.
DeadPoolX
Okay, so...I'm a bit confused. Meauxna said (in a different thread) that only "non-resident DCF is currently at stake," which means to me, that USC's who're resident in their SO's country (like you have to be in Canada) shouldn't be affected. Is this right or is this wrong? Is DCF still an option in Canada or has it been eliminated like other places as well?

It seems there's a bunch of information swirling about right now, and I can't make heads or tails of it. Every other post seems to contradict the last one. wacko.gif
misa
Toronto: http://toronto.usconsulate.gov/content/con...igrant_petition

Effective January 23, 2007, due to the provisions of the 2006 Walsh Act, PL 109-248, all immigrant petitions (I-130) must be adjudicated directly by mail with CIS in the U.S. The Department of State overseas, at any U.S. Embassy or Consulate, can no longer adjudicate I-130s. Therefore, U.S. Consulate Toronto will no longer accept I-130s. All petitioners resident in Ontario must file I-130s by mail with the CIS Service Center having jurisdiction over your U.S. place of residence. If you have no U.S. residence you may file an I-130 by mail to: USDHS/CIS Vermont Service Center, 75 Lower Weldon St, Saint Albans VT 05479. Before filing any I-130 please see www.uscis.gov/portal/site/uscis and follow links on services to permanent resident.

Beneficiaries of approved I-130s will receive IV instructions from: Department of State, National Visa Center (NVC), 32 Rochester Av, Portsmouth NH 03801-2909, http://travel.state.gov/visa/immigrants/ty...types_1309.html. After the beneficiary completes all required IV steps with NVC, NVC will send the beneficary's approved I-130 and IV file to Montreal, which will further correspond with the beneficiary, and eventually offer an IV appointment.

Total I-130 and IV processing time may be 12 months for beneficiary parents, spouse or minor children of U.S. citizens in Canada, who correctly follow all required instructions on a timely basis, longer for others.


I doubt it would be any different across the U.S. Consulates in Canada.
meauxna
I've also referred folks to this thread: http://britishexpats.com/forum/showthread.php?t=421108

I suggest that no one knows what the future of overseas filing is for the future. For the moment, no Consulates will accept/adjudicate petitions. Overseas USCIS Field Offices MAY still accept them.
Overseas offices have jurisdiction over the foreign residence of USCs. If you are a USC living outside the US, there is a CIS office that serves you, or a US Service Center designated for you. All of this information is spelled out in the Guide, including the link for finding your Field Office.

The term "DCF" has been misused so many times that it now means different things to different people. Strictly speaking, it is the act of filing the I-130 with a Consular officer under the 9FAM (see http://foia.state.gov/masterdocs/09fam/09n0200.pdf). As a practical matter, it can mean anything from that, to filing with any foreign office (consular or DHS) or the whole thing down to IV issuance. There are differences between all of these processes though.

If I were a USC living in Canada who was ready to file an I-130 I would wait a few days to let things shake down, and then I'd follow the instructions at the website in the first post of this thread.

If someone is eager to get their case started immediately, the option to file with Vermont Service Center is still open to you. Immigrant Visa cases aren't exactly flying out of Canada at the moment anyway, so where the petition is filed is of less importance.

DeadPoolX: you're right, there is a lot of information and NO information swirling around and most people can't make heads or tails from it. Doesn't that suggest a wait-a-bit strategy to you? IMO, everyone should lay back for a few and see what news comes out; there is no sense in perpetuating misinformation.
trailmix
I just read this thread, although I did not have the option to DCF. This has to be one of the most useless threads ever pinned? Information is lacking and it's not up to date.

I have suggested people read this before, when they are new, to get some idea of the process - they always come back confused, now I know why!
Len_and_Bren
QUOTE(trailmix @ Aug 23 2007, 12:17 PM) *
I just read this thread, although I did not have the option to DCF. This has to be one of the most useless threads ever pinned? Information is lacking and it's not up to date.

I have suggested people read this before, when they are new, to get some idea of the process - they always come back confused, now I know why!


Agreed - to the Mods... any chance of un-pinning or updating this thread?????????????
trailmix
Direct Consular Filing is again allowed in Canada as of March 2007.

Immigration Overseas Offices

Overseas Offices provide limited services to U.S. Citizens, permanent residents of the U.S. and certain other persons who are visiting or residing outside the United States who need assistance in immigration matters. These services include:

Immediate Relative Immigrant Petitions (Form I-130): For U.S. citizens residing outside the United States who wish to file a Petition for Alien Relative (Form I-130) for certain immediate relatives

American Consulates in Canada

AaronE
Hi, I am just getting started on my journey. My wife is an American citizen living here in Canada as a permanent resident and she is petitioning so that I can immigrate on a K-3. We just sent in our I-130's, G-325's, $190 USD and all of the supporting documents to the consulate here in Vancouver. I got a phone call from the consulate explaining that I had done everything wrong. First, she said the fee was $355. Then she said that the consulate does not accept the applications and I should send it to Nebraska. She is right now sending everything back to me.

From everything I have read here and on the instructions I have downloaded from the USCIS website, she was wrong? Am I correct? I'm thinking from what I am reading in this thread up to the last post that my wife and I should just go into the consulate here. Does that sound right?

Thank-you for anyone who might help.

trailmix
QUOTE(AaronE @ Dec 3 2007, 11:20 PM) *
Hi, I am just getting started on my journey. My wife is an American citizen living here in Canada as a permanent resident and she is petitioning so that I can immigrate on a K-3. We just sent in our I-130's, G-325's, $190 USD and all of the supporting documents to the consulate here in Vancouver. I got a phone call from the consulate explaining that I had done everything wrong. First, she said the fee was $355. Then she said that the consulate does not accept the applications and I should send it to Nebraska. She is right now sending everything back to me.

From everything I have read here and on the instructions I have downloaded from the USCIS website, she was wrong? Am I correct? I'm thinking from what I am reading in this thread up to the last post that my wife and I should just go into the consulate here. Does that sound right?

Thank-you for anyone who might help.


Aaron, I sent you a PM.
Len_and_Bren
QUOTE(AaronE @ Dec 4 2007, 12:20 AM) *
Hi, I am just getting started on my journey. My wife is an American citizen living here in Canada as a permanent resident and she is petitioning so that I can immigrate on a K-3. We just sent in our I-130's, G-325's, $190 USD and all of the supporting documents to the consulate here in Vancouver. I got a phone call from the consulate explaining that I had done everything wrong. First, she said the fee was $355. Then she said that the consulate does not accept the applications and I should send it to Nebraska. She is right now sending everything back to me.

From everything I have read here and on the instructions I have downloaded from the USCIS website, she was wrong? Am I correct? I'm thinking from what I am reading in this thread up to the last post that my wife and I should just go into the consulate here. Does that sound right?

Thank-you for anyone who might help.



Aaron, since you both live in Canada, you are elegible for Direct Consular Filing; which results on an immigrant visa. You need to apply in person at the nearest consulate with your I-130 and G-325's (and the fee), and ALL DCF processing has to be interviewed at Montreal.
Good luck, L.
debby4wav
Hi
Did you ever get your interview date? We are in the same boat as you. We are still awaiting our interview letter via mail for Montreal for usa embassy.
Write me back if you get a chance. Our case was closed on Dec. 18th.
Thank you so much,
Debbie
debby4wav@aol.com
debby4wav@aol.com crying.gif
Reeena
Hi Everyone

We just got married on the 14th of March...
Once we get our papers together (actual marriage cert. from the province, I-130, 3-g25a) we will be DCFing in Toronto.
Any updates would be great on the open cases... I love reading the stories though it is frustrating at times knowing we will be facing the same hurdles.
Rena
daveandkathy


Hi reena

We just did a DCF in Calgary last week, APril 23/2008 . When you go to Toronto, make sure you have the originals of everything. We had a certified copy of my husbands divorce certificate from Arkansas, but because it didnt have an actual court seal on it, they made us send to AR for another one direct from the court. Fortunately , we had that Fed'exd directly to Calgary consulate, and the i-130 was approved . It is on its way to Montreal .


I am not holding out a lot of hope that this will be done quickly. My husband, the US citizen, is a permanent resident of Canada, but was offered a fantastic job in Phoenix. His company offered to pay an immigration lawyer to do all of this for us, and we consulted with her, only to find the estimate of time is 8 months. She says the consulate in Montreal takes forever to set an appointment, and it really slows down the process.


My husband had to leave yesterday to start his job in Phoenix, so we are faced with months of being apart, and having to run two households, while we wait for this. I am afraid to sell the house here, because it would mean I will end up living in a hotel until this is approved. But we cant buy a home there til we sell this one. To top it off, my 14 year old, who is also immigrating, is starting high school in the fall, and the rules in Arizona are that if you dont register within thirty days of the start of classes, you may audit the class but you cannot get credit for it. I dont want my son losing a whole year!

There should be a less time consuming way to do this for people who are actually married.
flames9
QUOTE(daveandkathy @ Apr 29 2008, 12:42 AM) *
Hi reena

We just did a DCF in Calgary last week, APril 23/2008 . When you go to Toronto, make sure you have the originals of everything. We had a certified copy of my husbands divorce certificate from Arkansas, but because it didnt have an actual court seal on it, they made us send to AR for another one direct from the court. Fortunately , we had that Fed'exd directly to Calgary consulate, and the i-130 was approved . It is on its way to Montreal .


I am not holding out a lot of hope that this will be done quickly. My husband, the US citizen, is a permanent resident of Canada, but was offered a fantastic job in Phoenix. His company offered to pay an immigration lawyer to do all of this for us, and we consulted with her, only to find the estimate of time is 8 months. She says the consulate in Montreal takes forever to set an appointment, and it really slows down the process.


My husband had to leave yesterday to start his job in Phoenix, so we are faced with months of being apart, and having to run two households, while we wait for this. I am afraid to sell the house here, because it would mean I will end up living in a hotel until this is approved. But we cant buy a home there til we sell this one. To top it off, my 14 year old, who is also immigrating, is starting high school in the fall, and the rules in Arizona are that if you dont register within thirty days of the start of classes, you may audit the class but you cannot get credit for it. I dont want my son losing a whole year!

There should be a less time consuming way to do this for people who are actually married.


That question (argument) about married couple versu s fiance has been hashed out a zillion times on VJ,lol I tend to agree with ya! best of luck
Reeena
Good luck Kathy.
How are things going so far?
We should be sending stuff to Toronto in the next couple of weeks.

Rena
torontolancer
QUOTE(meauxna @ Mar 8 2006, 06:56 PM) *
QUOTE(zyggy @ Mar 8 2006, 01:12 PM) *

The evidence of physical presence is probably as easy as a Driver License, utility bill or bank statements...

What about W-2s or evidence of US employment?


Hi there how are you. I was reading ur detail. Very interesting and congratulations.
Please help me out on the following.

I live in Toronto Ontario. I am Canadian citizen. My father who is greed card holder also sponsored me for US immigration which will take around 6 years.

I am getting married with US citizen in July 2008 here in Toronto Ontario.

Please suggest.
For DCF...USC must be legally living in Canada so i will sponser her first for Canadian PR which will take almost 1 year.
So rather we start CR-1 now cuz at the end we will be living in US.

Do u want us to consult with any lawyer.cuz first we need to withdraw my father application which is on half way....so that we can re-apply for CR-1...

Q.Does Toronto US consulate offers DCF

Thanks and much appreciated.

Reeena
QUOTE(torontolancer @ Jun 23 2008, 09:56 AM) *
QUOTE(meauxna @ Mar 8 2006, 06:56 PM) *
QUOTE(zyggy @ Mar 8 2006, 01:12 PM) *

The evidence of physical presence is probably as easy as a Driver License, utility bill or bank statements...

What about W-2s or evidence of US employment?


Hi there how are you. I was reading ur detail. Very interesting and congratulations.
Please help me out on the following.

I live in Toronto Ontario. I am Canadian citizen. My father who is greed card holder also sponsored me for US immigration which will take around 6 years.

I am getting married with US citizen in July 2008 here in Toronto Ontario.

Please suggest.
For DCF...USC must be legally living in Canada so i will sponser her first for Canadian PR which will take almost 1 year.
So rather we start CR-1 now cuz at the end we will be living in US.

Do u want us to consult with any lawyer.cuz first we need to withdraw my father application which is on half way....so that we can re-apply for CR-1...

Q.Does Toronto US consulate offers DCF

Thanks and much appreciated.

You may want to post this in the Canadian forum for more people to see it.
The post you quoted is from 2006.
I think it might be quicker if your wife files in the states after you guys get married.
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