DCF Just Married

[Dn35 0]

hi im a us citizen and my wife is canadian. we just got married on oct 22, 2008 in california. she is currently living with me illegaly. we were going to apply for k3 but think going thru DCF would be much faster.

when filing for DCF (i-30 and g-325) does she have to go to the canadian consulate in vancouver or montreal or can we do it here in the states?

does she have to be living with me for 6 months to apply for the DCF or can she go to the canadian consulate anytime?

if going thru DCF in canada can she file it without me being there?

thanks for any help.

[reeses16 8]

How is she staying here illegally? How long has she overstayed? Based on the few details in your post DCF is not an option for you. This option must be done in a foreign country, in your case Canada. If her overstay is such that she would be banned from the US, its extremely important that she does not leave the country. Also, to do DCF both of you must be residing in the foreign country for a certain period of time as determined at each consulate. But you live in Cali, so again DCF is not an option for you. Most likely you will just file for AOS.

[redglasses 1]

I think you are confused.

DCF is an option for a US citizen living as a resident in a foreign country more than 6 months.

When a non-USC spouse is already in the US, they need to do AOS(ajustment of status) with USCIS,

but I am not sure if you can do it when she doesn't have a legal status.

Let's see what others say.

[DanielParul 50]

Read the guides and learn about AOS (adjustment of status). DCF is not for you as other posters have told you already.

[ksa2usa 0]

Like the others said, DCF is not an option for you. Neither is K3 if I'm not mistaken, unless your wife goes back to Canada, which like the others said, might not be a good idea since she has overstayed. Read up on AOS, because that may be your best bet. Good luck to you!

[trailmix 77]

hi im a us citizen and my wife is canadian. we just got married on oct 22, 2008 in california. she is currently living with me illegaly. we were going to apply for k3 but think going thru DCF would be much faster.

when filing for DCF (i-30 and g-325) does she have to go to the canadian consulate in vancouver or montreal or can we do it here in the states?

does she have to be living with me for 6 months to apply for the DCF or can she go to the canadian consulate anytime?

if going thru DCF in canada can she file it without me being there?

thanks for any help.

Hi and welcome to VJ!

You haven't given us enough information - but a few things to consider:

- You should read the guides for the CR1 visa and Adjustment of Status.

- You cannot Direct Consular File (ie she cannot file in Vancouver). In order to do this you would both need to be living in Canada and you would have to have legal status here as well as having legal status for a minimum of 6 months after filing.

- You may or may not be eligible to file for an Adjustment of Status for your wife. Did she intend to immigrate to the U.S. when she entered the country? If so they may frown on this as you are not allowed to misrepresent the reason you are entering. For example, if she crossed the border in to the U.S. and said she was just going to visit when she was really entering to marry you and live in the U.S. - she will not be eligible to adjust status.

Why do you say she is in the U.S. illegally? How long has she been there? Has she overstayed?

[Chica Yeyé 41]

trailmix posed good points.

You are indeed NOT eligible for DCF since you do not reside in Canada.

As far as AOS; the road ahead will be bumpy- since you will have to prove no intent to immigrate.

I will request this thread be moved to the appropriate subforum

[payxibka 10,044]

I assume that coming from Canada she was inspected at the border...

As others have said... dependent on facts and circumstances, status adjustment from inside the USA might be an available option....

[bluegreen 0]

You have three options (and DCF is not one of them):

If your wife entered the US with no intention of immigrating (ie: just for a visit, or as a student or something), then you are eligible to file for AOS directly from the US. You file I-130 and I-485 concurrently. There is a guide for that here. She must not leave the US until that process is complete. The process is faster but you must absolutely be able to show that she had intent to return to Canada when she last entered the US.

If she came to the US specifically to marry you and then immigrate, then she needs to go home and apply for either K3 or Cr-1/Ir-1 (I am not as familiar with this process, but there are pluses and minuses to both. Research them!) Her overstay, if any, will typically be forgiven/overlooked due to her marriage and subsequent pursuing of legal immigration steps

Bt you have not told us the basis of your wife's illegal status. Is she in overstay? Is she working?? She is perfectly allowed to be down in the US as a visitor, even if she married you! She just cannot stay beyond 6 months out of the year without leaving or filing for AOS if eligible.

[Dn35 0]

oic.. when i said illegaly i ment by her not going back to canada. yea i got confused about DCF somewhere along the way. ill be looking into a AOS and a CR1. thanks for the info guys.

[canadian_wife 1,791]

How long has she been living with you illegally? When did she arrive in the US?