Canadian Married to American

[Quatchi 1]

I'am sorry if a question like this is asked allot here, but Im getting so many mixed ideas of what to do and how to go about this its confusing and upsetting. I'am Canadian I've been married for over 2 years to my wife who is American, we got married in Canada. Were wanting to move to the US, we are currently living in Canada. For one thing i'am wondering if its possible for us to start the greencard process within the U.S. For example if we were to get up and move to the US can i file my I-130 while both of us are in the States. While it being legal for me to be and remain there. Is there any kind of process i can go through to enable me to work there while the process is going on? How long might being able to work take? Also what are the actual steps for me to get my greencard, I've found so many contradicting information i don't know what to think.

[canadian_wife 1,823]

Your wife, since she lives in Canada, would qualify to file Direct Consular Filing (assuming she is not there simply as a tourist but has actual status there as a PR or student or work visa etc), which will save you heaps of time. There is an entire section for DCF that you should begin your research.

In short, no. You cannot go to the US and 'wait it out'. While the process is going on, you can visit the US but you must abide by the terms of your visit and return to Canada. Your medical and interview must be done in Canada. And no, you cannot work in the US while this process is going on.

First thing you're going to want to do is read the guids for the Cr-1/Ir-1 visa

http://www.visajourney.com/content/i130guide1

And for DCF

http://www.visajourney.com/content/dcf

Another thing you're going to want to be aware of is re-establishing domicile. Your wife, the US citizen, since she has been living in Canada, will need to show that she intends to return to the US no later than you. To do this, she'll need a job offer, a lease agreement, school enrollment, etc. The consulates in Canada are strict on this.

Good luck

[LiLMermaid 2]

canadian_wife gives fabulous advice as usual. I would read up on the DCF and if at all possible go that route. I wish I had known about it when we were deciding which visa to go with.

[Quatchi 1]

Your wife, since she lives in Canada, would qualify to file Direct Consular Filing (assuming she is not there simply as a tourist but has actual status there as a PR or student or work visa etc), which will save you heaps of time. There is an entire section for DCF that you should begin your research.

In short, no. You cannot go to the US and 'wait it out'. While the process is going on, you can visit the US but you must abide by the terms of your visit and return to Canada. Your medical and interview must be done in Canada. And no, you cannot work in the US while this process is going on.

First thing you're going to want to do is read the guids for the Cr-1/Ir-1 visa

http://www.visajourney.com/content/i130guide1

And for DCF

http://www.visajourney.com/content/dcf

Another thing you're going to want to be aware of is re-establishing domicile. Your wife, the US citizen, since she has been living in Canada, will need to show that she intends to return to the US no later than you. To do this, she'll need a job offer, a lease agreement, school enrollment, etc. The consulates in Canada are strict on this.

Good luck

My wife is currently in Canada on a post graduate work visa would this still make me qualified for DCF. Does my wife have to remain in Canada with me while the process is going through or can she go to the States and secure a job and domicile?

[Darnell 8,478]

***not a K-3 visa topic - moving to CR-1 forum, possibly move to DCF forum, later ***

[canadian_wife 1,823]

You guys should qualify for DCF. No, she does not have to stay in Canada. She does have to be there to file with the consulate and to show her legal status in Canada. Then she may return to the US.

Filing DCF is the quickest way for you guys to get to the US with you having a green card

Good luck

[Quatchi 1]

You guys should qualify for DCF. No, she does not have to stay in Canada. She does have to be there to file with the consulate and to show her legal status in Canada. Then she may return to the US.

Filing DCF is the quickest way for you guys to get to the US with you having a green card

Good luck

Thank you so much this has helped me very allot. I've been reading up on it here and have a pretty good understanding of it now there are a few more question about it i have that i cant seem to find answers to. Like how long does DCF usually take? What tend to be the amount of fee's? You say that after she files with the consulate my wife can return to the US. When does the filing take place is it in the beginning. In other words at what time in the process can she return to the US, is it after the I-130 is filed? Also how do i start DCF should i call the consulate in Montreal or the one closest to me, i'am in Nova Scotia so it would be Halifax. I know its Montreal that directly does DCF but I've also read of people filing at other consulates and the documents being mailed. I'am really sorry about these questions there things i haven't been able to find direct answers to myself. I So appreciate all the help you have given me so far.

[canadian_wife 1,823]

Quatchi - these questions should be posted on the DCF forum because those are the experts. Also, follow this thread for those waiting for interview and to check their progress by clicking on 'timeline' of the poster

http://www.visajourney.com/forums/topic/265442-canadian-dcfs-waiting-for-interview-in-montreal/

Finally, I sent you a link to the DCF guide which tells you when and how to petition via DCF

Good luck

[Quatchi 1]

Also if do i have to keep the same residency in Canada the whole time. For example obviously me and my wife have our own place right now. If after filing she returns to the US do i have to remain in the same location we did together or can go stay with my parents while waiting through the process.

[canadian_wife 1,823]

You are allowed to move, there is a change of address form which you will fill out after you've moved

Good luck

[Darnell 8,478]

Good Morning !

*** moving to DCF Forum ***