Desperately in need if your help

[Simply_Human 0]

Hello everyone,

Here is my dilemma,

Me (Husband & Canadian Citizen)

Wife (American Citizen and Permanent Resident in Canada for past 5 Months coming up on 6 soon so need to start working on DCF).

We both have decided that we want to live and work in Virginia, at the moment we both live in Toronto Canada where I work and she is a housewife. She got into a car accident 6 months back and has not been able to work since.

She has stopped working in the US back in August of 2008 got married to me and moved here. She does have a US address but no property other than her car valued at 6K.

We want to move to Virginia ASAP. And I have two options. One is the DCF (get my wealthy brother in-law to co-sponsor us), the other is to get a job offer in VA and get them to provide me with a work visa that shows intent to attain green card. Question 1 - Am I on the right track so far?

Work Visa Option Number 1

I am not sure if I can easily get a Work visa that shows intent to attain a green card and stay in VA, compared to getting one that does not show intent to live in VA. I have good connections in VA in the field that I work (Quality Analyst) and I am fairly confident that I can get an offer with work visa.

Question 2 - Is it possible to get a Work visa with intent to live in VA, and then apply for DCF in Toronto?

So that I can work in VA while my application for PR goes through.

Question 2a - What is a good work visa that will allow me to apply for my DCF while I work?

DCF Option Number 2

I believe my wife and I meet the requirements for the DCF except for her affidavit of support due to her not able to show any income and barely any assets in VA.

Question 3 - What would you say is the best way to go about; getting this done right and fast?

Question 4 - Can my wealthy Brother-in-law USC co-sponsor me?

Question 4a - If so, when do I enter his information into the filing process? Do I mention him as the petitioner in the I-130?

Question 5 - Can I travel in and out to of the US to visit my in-laws and friends?

Last but not the least

Question 6 - People who have filed in Toronto for the DCF, how long as it taken till you had your US Visa in your hand?

Thank you for all your help in answering my questions. I have been a part of this forum for a long time and it really helped me through my wife's Canadian PR process!

[trailmix 77]

Hi,

I don't know much about work visas, so I can't speak to that.

You don't actually have to wait 6 months to DCF in Canada, you just need proof that you are a long term resident, like your health card, prov. drivers license.

Have a look at this thread here for approximate DCF times, if you look at the 2009 portion, some people have a DCF beside their name:

http://www.visajourney.com/forums/index.ph...t&p=3595403

[canadian_wife 1,823]

trailmix offers excellent advice on DCF.

I can offer some advice on work visas. First, work visas are not automatic and they are not issued by the employer who hires you. Particularly dual intent visa (come to work and then immigrate later) can take months or up to a year to complete because of the heavy work load of the company (they petition for you and then DHS approves or denies it - the company must also prove that no one else in the United States can fulfil the requirements of that job, which is getting increasingly difficult to do in this economy)

I'm not even sure you can move to the US on a work visa then DCF in another country - that seems contradictory to me.

Regardless, DCF is still your fastest route to living and working in the US. You MUST have a valid work visa in order to work in the US and the US government doesn't give those away to just anyone

Good luck.

[Simply_Human 0]

Ok, trailmix & Canadian_wife, that was helpful.

But I still have some questions unanswered.

Question 4 - Can my wealthy Brother-in-law USC co-sponsor me? (since my wife has no income, or property in USA)

Question 4a - If so, when do I enter his information into the filing process? Do I mention him as the petitioner in the I-130?

Question 5 - Can I travel in and out to of the US to visit my in-laws and friends?

Question 6 - People who have filed in Toronto for the DCF, how long as it taken till you had your US Visa in your hand?

[Simply_Human 0]

Well I'm not going to start a new thread to ask the same question soo....

Can someone please shine some light on the requirements of who can be a co-sponsor, and when do you add the co-sponsor to the DCF application??

[trailmix 77]

Question 4 - Can my wealthy Brother-in-law USC co-sponsor me? (since my wife has no income, or property in USA)

Yes he can

Question 4a - If so, when do I enter his information into the filing process? Do I mention him as the petitioner in the I-130?

Cosponsors do not enter the process until you fill out the affidavit of support, with DCF this happens at the interview stage. He is not a petitioner, your wife is the sole petitioner. For the I-864, affidavit of support, your wife will be the primary sponsor and must fill out an I-864 your wealthy brother in law will also fill out an I-864.

Question 5 - Can I travel in and out to of the US to visit my in-laws and friends?

Yes, however it is completely up to the border officer on the day, as it always is, be sure to bring strong proof of ties to Canada with you each time you cross the border to visit.

Question 6 - People who have filed in Toronto for the DCF, how long as it taken till you had your US Visa in your hand?

There aren't that many that file DCF, we did not, however you should plan on around a 10 month wait, approximately.

Edited January 27, 2010 by trailmix

[txladykat 1]

Anyone can be a co sponsor as long as they are a USC. They do not even have to be related to you (or your spouse). The work visa is VERY hard to get. There is usually a waiting list as they only issue so many per year. If you come in on a work visa, you are no longer eligible for DCF because you and the USC have to be currently residing in the country you plan to DCF from. If you came in on a work visa, you would have to go through the process of adjusting status, which is lengthy. I would highly recommend getting a co sponsor and filing DCF.

[Simply_Human 0]

Well I've decided to go for the DCF.

Going to call the embassy in Toronto today and book an appointment. Just to clarify how does the procedure work at the embassy?

I make an appointment over the phone,

Take my I-130

G-325a for each of us.

a passport size color photo for each of us, taken within 30 days and signed.

Marriage certificate, wife birth certificate to show USC, and Wifes PR card to show Canadian residence. For extra proof I will also be taking in my lease agreement to show 6month+ joint residency.

Is there anything else I need to take? I hear some people take other pictures just to show that they knew each other for more than 6 months, is that necessary in my case?

Also when do I file the DCF fee? I read someone mention online payment but I am not sure.

[SunDrop 59]

Is there anything else I need to take? I hear some people take other pictures just to show that they knew each other for more than 6 months, is that necessary in my case?

Since you got married in August 2008, it's fair to assume that you've known her for more than 6 months

[birdnerd 5]

Well I've decided to go for the DCF.

Going to call the embassy in Toronto today and book an appointment. Just to clarify how does the procedure work at the embassy?

I make an appointment over the phone,

Take my I-130

G-325a for each of us.

a passport size color photo for each of us, taken within 30 days and signed.

Marriage certificate, wife birth certificate to show USC, and Wifes PR card to show Canadian residence. For extra proof I will also be taking in my lease agreement to show 6month+ joint residency.

Is there anything else I need to take? I hear some people take other pictures just to show that they knew each other for more than 6 months, is that necessary in my case?

Also when do I file the DCF fee? I read someone mention online payment but I am not sure.

Toronto accepts I-130 submissions by MAIL only (photocopies of your original documents), then *they* contact *you* to come in for your appointment - which is when you show them your original documents.

You will also need to include your USD money order of $355 for the I-130.

Two weeks ago today I submitted my package, waiting for contact from Consulate. I will try to post the steps as I go through them.

Edited February 8, 2010 by birdnerd

[Simply_Human 0]

Well I called the Consulate to book an appointment, paid 1.59/minute.

The lady tells me that she only sees appointments for passports, visa, and birth or death. Nothing related to PR or petitions.

So she says to mail in my I-130, and G325A and the other supporting documents and they will call me for an interview.

Do I mail in a photocopy of my wife's birth certificate, her PR card, and also do I mail in the originals or photocopies of our passport size photos we took?

[birdnerd 5]

Well I called the Consulate to book an appointment, paid 1.59/minute.

The lady tells me that she only sees appointments for passports, visa, and birth or death. Nothing related to PR or petitions.

So she says to mail in my I-130, and G325A and the other supporting documents and they will call me for an interview.

Do I mail in a photocopy of my wife's birth certificate, her PR card, and also do I mail in the originals or photocopies of our passport size photos we took?

See my reply above.

You send in original (signed) I-130 and G-325As, original passport photos, and US$ money order. Everything else (birth certificates, etc.) only need to be photocopies.

They will (eventually) contact you to come in for an appointment, which is when you show them ALL the originals of which you initially gave them photocopies.

Toronto Consulate does not process immigrant visas (only Montreal does for all of Canada), only deal with non-immigrant visas, so no, they would not be able to help you over the phone.

See this link for detailed information - U.S. Consulate Toronto - Immigrant petitions

Edited February 9, 2010 by birdnerd

[Simply_Human 0]

Thanks so much for clearing that up for me. Looks like we're in the same boat. I will be mailing my forms in a couple of days. If you have any updates please post them here in this thread. I am keeping this as my thread so people can later use it as well for some step by step information.

Oh and when I spoke to the lady over the phone she gave me the Consulate address to mail it to. The link you just sent me shows

USCIS Vermont Service Center

75 Lower Weldon Street

St. Albans, VT 05479-0001

Which one did you send it to? my Wife is the American and she is living with me in Canada and petitioning from here.

Edited February 9, 2010 by Saad and Sumera

[Darnell 8,478]

...

Edited February 9, 2010 by Darnell

[birdnerd 5]

Thanks so much for clearing that up for me. Looks like we're in the same boat. I will be mailing my forms in a couple of days. If you have any updates please post them here in this thread. I am keeping this as my thread so people can later use it as well for some step by step information.

Oh and when I spoke to the lady over the phone she gave me the Consulate address to mail it to. The link you just sent me shows

USCIS Vermont Service Center

75 Lower Weldon Street

St. Albans, VT 05479-0001

Which one did you send it to? my Wife is the American and she is living with me in Canada and petitioning from here.

No problem. Yes, we are in the same boat, not too many of us doing DCF Toronto I think.

I apologize, I put the wrong link above, the correct link is here: US Consulate Toronto - Immigrant Visa Petitions

Send your petition to the 360 University Ave. address.

Edited February 9, 2010 by birdnerd