DCF From Canada Under Exceptional Circumstance

[acidrain 325]

@Jorge V I'm just pointing out the probability the same way a doctor predicts a survival rate. Of course there is always a possibility they can do DCF. They should wait to get an answer from USCIS Mexico before filing the i130 with the USCIS lock box. If USCIS Mexico knows there is a i130 pending they have an out not to proceed (this happened to Skyzee). It's up to each person whether the risk is worth the reward. 

 

I have seen all sorts of claims about shady expedites, fraudulent AOS cases, politicians working magic and DCF cases in Canada. Anything is possible. 

 

You are fortunate to be able to do DCF in Mexico. The Mexican consulates sound very accommodating. 

[geowrian 22,335]

I'm not sure why said you cannot DCF on a tourist visa exactly, but the rules for who can DCF at a given embassy vary heavily and are not precisely linked to a visa. Maybe they misunderstood that the beneficiary was on a tourist visa (and therefore won't qualify to interview there?). Most embassies want to see at least 6 months of physical presence regardless of visa/status, but some just want any form of permanent residency or visa/status permitting extended stay, and others are more lenient (and some more strict). In general, somebody visiting on a tourist visa won't meet requirements (as they don't want somebody to just fly over to speed up the process and go home), but that's just one piece of the total puzzle.

 

The concern I personally have is when there is not a strong case (which I'm not saying anything about the exact case here!) and somebody thinks they can just find a job and do DCF from there. It will actually slow down their process instead of speeding it up.

[pyridine 11]

On 2/9/2018 at 5:26 PM, Trident said:

Living in Canada (Vancouver) with my wife and our kids. They are all US and Canadian citizens, I am Canadian only.

 

We just found out that my wife is being transferred to a US office of her current employer.  

 

The immigration attorneys her employer arranged a call with only discussed the normal I-130 process (via Chicago lockbox), and gave an estimated timeline of 6 to 12 months once we file. 

The attorneys did not even mention the DCF process and it is only through this site that I found out this may be an option. 

 

Does anyone have experience or information regarding DCF from Canada under exceptional circumstances?

 

This thread has some information and I am wondering if anyone has any further information.  Thanks. 

 

http://www.visajourney.com/forums/topic/657843-update-timeline-for-dcf-from-a-non-dcf-country-with-exceptional-circumstances/

YES - you can file DCF with exceptional circumstances if your wife has a short-notice job transfer back to the US. That thread was mine, and my husband's visa was approved in 2 months from when we requested DCF in at the embassy in Denmark. I just posted a new timeline. It only took 2 months because we were stuck waiting for a document required for the interview for nearly 6 weeks. Otherwise it would have only taken 1 month! The embassies here have been particularly speedy though, it seems.

 

I just posted an interview update with full timeline. The tricky part for some might be the I-864 sponsorship. According to my husband (they only let him into the embassy for the interview), they didn't like that I only had a pending job starting in the US in March and we had to show proof of sufficient assets. They maybe might have let it slide with additional difficulty and explanation, but when they saw it was only a job offer, their first question was how about assets. If she's already gotten some pay stubs from starting work in the US, it should be easier.

 

[pyridine 11]

On 2/9/2018 at 11:57 PM, Jorge V said:

 

Just to add more evidence, as you mentioned, the DCF process in Canada is handled through Mexico. Mexico City's USCIS site ( https://www.uscis.gov/about-us/find-uscis-office/international-offices/mexico-uscis-mexico-city-field-office ) has this under the I-130 section:

 

 

The document they link to for exceptional circumstances says this:

 

The Canadian embassy only needs to get permission from the USCIS Mexico City office to file the I-130 there in Canada. Nothing else is done in Mexico! (I just went through this process in Denmark - our USCIS office is in London and the absolute only dealing with them was the embassy asking them permission to handle the I-130 filing at Copenhagen. I never had to do a single thing with London. The visa itself was issued at Stockholm because immigrant visas for the region are centralized there, but I imagine in Canada everything will be done in Canada).

Edited February 14, 2018 by pyridine

[NikLR 13,220]

1 hour ago, pyridine said:

The Canadian embassy only needs to get permission from the USCIS Mexico City office to file the I-130 there in Canada. Nothing else is done in Mexico! (I just went through this process in Denmark - our USCIS office is in London and the absolute only dealing with them was the embassy asking them permission to handle the I-130 filing at Copenhagen. I never had to do a single thing with London. The visa itself was issued at Stockholm because immigrant visas for the region are centralized there, but I imagine in Canada everything will be done in Canada).

 You are speculating.  Just because it was done a certain way and you were able to do it does not mean the OP will.  Unlike most countries where you are required to show evidence of "intent to reestablish domicile", Montreal requires domicile of the USC to be in the USA by interview.  Without a home and a job or school already established, beneficiaries have been in AP for months to a year.  

So while you can provide the OP with insights due to a unique position, I suggest you be careful with your optimisim on their ability to replicate due to different circumstances. 

[geowrian 22,335]

2 hours ago, pyridine said:

I just posted an interview update with full timeline. The tricky part for some might be the I-864 sponsorship. According to my husband (they only let him into the embassy for the interview), they didn't like that I only had a pending job starting in the US in March and we had to show proof of sufficient assets. They maybe might have let it slide with additional difficulty and explanation, but when they saw it was only a job offer, their first question was how about assets. If she's already gotten some pay stubs from starting work in the US, it should be easier.

Yeah, that is definitely one hurdle any DCF filer has to overcome. A pending employment opportunity will not qualify for the purposes of the I-864. It helps with showing intent to establish domicile, but by law they need to look at actual income. They cannot just let it slide...they make the decision if you make over the minimum amount, but if your current eligible income is under the threshold, they cannot issue the visa.

It would probably be different if one was being transferred within the company as then the income is continuing from the same source. This isn't unique to the exceptional circumstances, though...this is just something any DCF filer needs to overcome. They typically either use assets or find a joint sponsor for the I-864.

 

Edit: And yes, actually starting the work and earning the income in the US may be eligible as well.

Edited February 14, 2018 by geowrian

[pyridine 11]

2 hours ago, NikLR said:

 You are speculating.  Just because it was done a certain way and you were able to do it does not mean the OP will.  Unlike most countries where you are required to show evidence of "intent to reestablish domicile", Montreal requires domicile of the USC to be in the USA by interview.  Without a home and a job or school already established, beneficiaries have been in AP for months to a year.  

So while you can provide the OP with insights due to a unique position, I suggest you be careful with your optimisim on their ability to replicate due to different circumstances. 

The USCIS operations manual is the same regardless of what country you're filing this from. I had checked once on the Mexico City USCIS website for someone and it gives precisely the same information about DCF (specifically for Canadian citizens, since that's the only other country aside from Mexico in their jurisdiction) that the London USCIS website gives for countries in its jurisdiction. The list of exceptional circumstances is the same anywhere. I fail to see how they would implement different procedures in both places, although I will not say it definitively because I have of course not gone through the procedure in both places and I think this can only be 100% definitively answered by someone who has (have you tried??)

 

I was also required on the I-864 to list my country of domicile as the US and per very clear instructions on the I-864, to provide proof of intent to reestablish that domicile if you are currently a US citizen living outside the US (there is no exception for residents of Canada). Where are you getting that Montreal requires the domicile is already established, exactly? The I-864 is the same regardless of where you live, so I'm just having a hard time believing what you're saying, unless the consular officers at that particular embassy are all being more strict than they need to be about it.

Edited February 14, 2018 by pyridine

[pyridine 11]

On 2/10/2018 at 12:10 AM, NikLR said:

No one has really tried because despite saying "job relocation" is an exceptional circumstance, due to Montreal's strictness about domicile.  Most USC who were living in Canada must be living in the USA or have a US job by interview regardless.  Since Canada and the USA also share a large border and it doesn't normally take more than 5 hours to fly from one side to the other... I personally cannot see how this is an extrordinary circumstance.  

 

Do you currently work? If you are not wholly dependent on your wife's income and are unable to work, they may decline the exceptional circumstances. 

Pretty much the only expedites we even see on VJ are for military orders and extreme safety issues like a natural disaster. 

You can request it, of course, but you've wasted time if it's declined in several months. 

And the list of exceptional circumstances is the same everywhere and short notice job relocation or new job offer is one of them, quite explicitly. The same memo is posted on all the USCIS field office websites including the one for Mexico City (for which this whole thing ONLY applies to Canadian residents in their jurisdiction). At any rate, it certainly doesn't hurt for the OP to:

1. Write to Montreal asking about filing DCF with an exceptional circumstance and what their procedure for this is

2. If they say it's possible, then send what they ask for and try to do it. There's absolutely no harm done than perhaps a week or two lost when the I-130 could have already been in the mail to sit in line for 6 months with Chicago lockbox. So long as OP and wife are long-term residents of Canada, and the wife has a job transfer within the next ~3 months or so, I believe this is almost guaranteed to go through. Although I know you won't believe me, so let OP try it and let's see how it goes.

 

And it will be no more than a week or two lost, because per the USCIS manual, the USCIS field office is required to give their response about permission to file the I-130 locally for exceptional circumstances within 3 days, IIRC.

 

Worst thing that happens if they are bitchy about domicile at the interview like you warn about, is the wife has to move there and work a bit first. It's still a buttload faster than Chicago Lockbox will ever be. OP should ask advice about it from Montreal rather than listen to strangers online saying it's impossible.

 

There were also lots of people on here telling me flat out that I could never get an exceptional circumstance approved, despite that everything everywhere official from USCIS said this was possible. Turns out it was possible and quite easy, and everyone telling me this ####### was dead wrong.

 

Edited February 14, 2018 by pyridine

[geowrian 22,335]

35 minutes ago, pyridine said:

Where are you getting that Montreal requires the domicile is already established, exactly? The I-864 is the same regardless of where you live, so I'm just having a hard time believing what you're saying, unless the consular officers at that particular embassy are all being more strict than they need to be about it.

That is the case there, actually. Montreal is notoriously strict on domicile (probably the most strict consulate anywhere IMO). The CO has discretion to determine if US domicile requirements are met, and they tend to want to see actual domicile much more than intent to establish domicile.

Edited February 14, 2018 by geowrian

[pyridine 11]

3 minutes ago, geowrian said:

That is the case there, actually. Montreal is notoriously strict on domicile (probably the most strict consulate anywhere IMO). The CO has discretion to determine if US domicile requirements are met, and they tend to want to see actual domicile much more than intent to establish domicile.

Ok, gotcha. At any rate, it's still gonna be a good deal faster than Chicago Lockbox to have the I-130 filed there and then to go reestablish proper domicile before handing in the I-864 at the interview. And definitely easier from Canada than from most other places.

 

They were super easy about the domicile in Stockholm - apparently just the job offer letter was enough for them. Good because I had practically nothing else, although they didn't even care to see the other minor evidence I had included (pretty much just a one-way ticket, and state drivers license that I never traded while over here. Like an idiot I forgot to take my official resignation letter for my job here and something showing I purchased health insurance in the US starting March 1st). Funny because I had to try so hard to prove I had no US domicile to not have to uselessly pay state taxes while living abroad, and now it was just the reverse. 

[NikLR 13,220]

We have a thread dedicated to domicile in the Canada forum if you want to browse. 

 

I also believe I've told to the OP NUMEROUS times to go ahead and try if they want to and please update us.  Nothing is stopping them certainly.  I havent said it WILL be denied or that it WILL be approved.  There are obstacles they face you did not. For the OP I am hopeful but cautious. 

 

Things change with processing over the years obviously.  You may not realize that since you've been here a short time.  Once upon a time an I-130 took 3-5 years for a spouse.  Once upon a time there was an unofficial expedite for couples living together outside of the USA so their processing went by in 1-2 months vs 6.  Once upon a time local offices were in charge of I-130s and some people were done the whole process, including NVC and interview, in 3 months while others took 2 years.  (This was in 2012/2013 fyi.)  

 

Since the OP hasn't been back, I will wait for their responses should they be forthcoming.  I do wish them all the best. 

Edited February 14, 2018 by NikLR
Tiny phone keyboards are the devil

[acidrain 325]

Since I joined VJ I've never seen one Canadian share how they completed DCF (in recent years). There has been a few claims but when asked to provide details the member falls silent. Incredible considering the volume of Canadian immigration cases (K1/CR1/IR1).

 

With no information or experiences it's lead a lot of us to believe it may not be a viable path. You would think there would be at least one Canadian who could verify they went this route. In contrast I have seen many expedite requests at the USCIS/NVC stage being successful. 

 

If anyone is successful (including the OP) hopefully they can let people know how it was done.

[Mr_B 3]

In the end, it's the consul who decides which cases he or she will file. It seems some embassies put the bar higher, but it may just be perception based on the limited evidence on this forum. 

An urgent and accepted job offer is listed as one of the possible exceptions, but it's not a guarantee, as we've seen by a rejected person posting in this subforum a few months ago. The consul looks at the whole situation and I suspect chances are better if the case is a straight shot, if there are also small children who would be separated from one of their parents, if the job offer is for a big American multinational as opposed to a local business...