Retiring to Florida

[secretcover 0]

Everybody's needs are different, I guess! I have been reading he forum posts and haven't found anything that really fits us. My wife is American by birth and I am Canadian. We have been married for seven years and have lived in Canada all that time. We married in Canada. I have recently decided to retire and we have purchased a home in Florida. We are in the process of selling everything here in Canada (except our furniture and personal effects) so that we can make the move to Florida. We own the home in Florida and will have some capital to take with us to generate income as well as my Canada pension.

My questions are:

1. Are we best served filing an I130 with supporting documents or to file for an IR3/C3?

2. The USCIS site is a bit confusing. At one point I thought it said for my wife to file the I130 with the 325, photos, passport copies, marriage certificate and other documents but on another page it says we have to also show proof that we have the means not to be a burden on the US system. We want to do this right, so which one is correct?

3. If we file the I130 or IR3 and we receive an acceptance reply from USCIS, will this help us at the border (driving down) or are we OK without it?

We are hoping someone can give us a little nudge in the right direction.

[jkelly07 120]

you should read the guides to get a idea what to do, you need to file the 1-130, the G-325a, and the G 1145 e.mail notify you,the affidavit of support 1-864 form,

[secretcover 0]

So we do need to file proof of "support"? At the end of the day, will this get me permanent residence or just a visitor's visa?

[Darnell 8,478]

at the end of the day, when all is said and done -

you (The Canadien) will have an IR-1 visa stamp in the passport -

which, after crossing the border and ACTIVATING IT -

will trigger a 10 year green card to be automagically sent to you, via postal mail.

HOWEVER.

Since the USCitizen has been living in Canada all this time -

SHE QUALIFIES to file the I-130 via Direct Consular Filing (DCF)

Read the DCF guide here, as well as the I-130 guide ..

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

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

IGNORE ALL YOU SEE/READ about the K-3 - do not file an I-129F - it's a waste of time.

The USCitizen must prove up 'proof of domicile' but I think you two have that covered, already - just be able to show that the domicile in Florida is jointly owned by her, on interview day, and yer golden.

re: support - that's the affadavit of support, the I-864 - and USUALLY, the UScitizen must prove up that he/she has enough income to support the intending immigrant. I'll hazard a guess, that she's been a housewife, and you've got all the bux - so - the formulas are a bit different - but I'm guessing YOU will qualify using the 1/5 rule plus the assets you share jointly with her in Florida.

[secretcover 0]

I want to thank both jkelly07 and particularly Darnell for the very helpful information. We are contacting the Consulate today and will post back when we have made some progress.

Thanks again!

[Darnell 8,478]

huh? contact the Consulate ? oh joy - more confusion, yes?

Good luck with that - and

in the meantime

please read those 2 guide links I put out for ya - and you two decide about 'which way to file the I-130' - either to Chicago or to Montreal.

[secretcover 0]

Roadblock!!! Tried to call the Vancouver consulate and eventually spoke to a human. He had never heard of a DCF. What he did say really worries us. He told us that once we have filed the I130, I will not be permitted to enter the US and the processing time could be as long as nine months. His suggestion was that I come in as a non immigrant and then apply for permanent status once there. I do not believe he was located in Vancouver and he said the only way to get into the Consulate is to have an appointment. OK. We have everything together other than the I864, so how (other than mailing this to Chicago) do we get this done?

[Brother Hesekiel 2,235]

Finally!

Proof that there are Canadians that are dumb as a piece of wood, and they work for the consulate! Oh . . . no . . . wait . . . the 'human' must have been an American. That would explain it.

[secretcover 0]

Actually, he sounded like a French Canadian!

[Kathryn41 3,205]

Roadblock!!! Tried to call the Vancouver consulate and eventually spoke to a human. He had never heard of a DCF. What he did say really worries us. He told us that once we have filed the I130, I will not be permitted to enter the US and the processing time could be as long as nine months. His suggestion was that I come in as a non immigrant and then apply for permanent status once there. I do not believe he was located in Vancouver and he said the only way to get into the Consulate is to have an appointment. OK. We have everything together other than the I864, so how (other than mailing this to Chicago) do we get this done?

Yes, unfortunately contacting either USCIS or the Consulates are usually not very helpful. Please read these links:

http://www.visajourn...ling-explained/

http://www.visajourn...rginia-you-can/

This is in the DCF forum here on Visa Journey and is about doing a Direct Consular Filing in Canada Basically,it means your wife files the I-130 petition with a consulate in Canada rather than through the service center in the US. She is allowed to do this as she has been legally living in Canada for more than 6 months. This will save you some processing time but you will still have to expect a wait of a number of months.

The other dangerous advice you received is his suggestion that you enter the US as a visitor and then apply to adjust status to become a permanent resident while in the US. What he told you to do is illegal and is considered visa fraud! Do NOT do that! You are not allowed to use a visa issued for one purpose- a visitor - with the intent of using it for a different purpose- to adjust status. USCIS views this as an attempt to bypass the legal immigration route and depending on the circumstances can lead to deportation and a ban that can extend up to life. So - don't do that! The staff who answers phones for USCIS and in this case the Consulate are notorious for giving wrong information.

The other wrong information was telling you that when the I-130 is filed you are not allowed to enter the US. You can enter the US as a visitor although it will be up to the border authority each and every time you enter to decide whether or not they will allow you into the US. As an intending immigrant they are vested in making sure you don't try to bypass the proper immigration process - like coming in as a visitor and applying for a green card like the person on the phone told you to do! So, in order to visit the US during this process you need to maintain strong ties to Canada and have proof of those ties that you can present to the border as evidence. Those ties include property ownership, a residence in Canada, a job, ongoing financial liabilities in Canada and things like this. Planning to retire to Florida and having a house in Florida already does show immigrant intent so you will need to overcome that presumed immigrant intent 'for that visit'.

Yes, the only way for a non-American to visit the Consulate is with an appointment. A US citizen is allowed to visit the Consulate but if it is for immigration related purposes for a non-citizen they too need to go through the process. They can get access to consular services that are available to US citizens but they can't get walk-in immigration services.

There is a lot of information and reading you need to do right now before you really start the process. It is a time-consuming one, mainly because of the backlog for scheduling interviews at the Montreal Consulate - and yes, you do need an interview. You will also need an immigration medical that can only be done by one of the approved Panel physicians (located in Toronto, Montreal and Vancouver) as well as police record checks (Canada wide name search to show you have no criminal record) - and if you do have any sort of a record then you need to have a fingerprint check done. Your wife also needs to address the Affidavit of Support as she is sponsoring you as her husband to come and live in the United States.

The form involved is I-864 and you do need to read that over as well as the instructions to determine where your financial situations fit. What you will end up with by the end of this process is a green card which means you are a permanent resident of the US and allowed to work and live in the US. The card will need to be renewed every 10 years, although 3 years after getting permanent residence status you are allowed to apply for US citizenship as the spouse of a US citizen (Canada recognizes dual citizenship so it will have no impact on your Canadian citizenship).

Finally, come and join us over in the Canada Regional forum as well. You will meet a lot of other American Canadian couples who are in various stages of the different immigration processes to the US.

Edited January 26, 2011 by Kathryn41

[Darnell 8,478]

Holy Crudikins, Batman ! Hey - those 2 links I provided to you have the info you need, but you wished to 'call the consulate' instead? I hope you realize that VisaJourney.Com is the best 'DIY Immigration Portal' on the net, with an emphasis on 'Y' and 'D'.

Kathryn has thoroughly dissected your Position, I pray you read her reply to you AND copiously study the content in the 2 links I put here.

(HINT - ALL DCF'd I-130's for Canadiens are sent off to Montreal without any I-864 or DS-230 )

Edited January 26, 2011 by Darnell

[secretcover 0]

Actually, Darnell, we were following the instructions given on the links provided by both you and Kathryn:

"Visit the US Department of State website to find your consulate. Once at their homepage you should visit the Immigrant Visa (IV) section to look for information on direct filing of an I-130 (DCF).

Contact the Consulate via phone and confirm what you are wanting to do with them. Many consulates have different procedures for DCF so you will want to be sure that you confirm any details with them. Keep your questions very clear and fully describe your case."

It also stated that there are two consulates you can file a DCF to -- Montreal and Vancouver. As we are close to Vancouver, we chose that one and were following the advice given by the website."

Now you tell me that's all wrong!!

[Darnell 8,478]

Ah - sorry, my bad -

Canada is Wonky

Vancouver USED to handle both I-130 intake AND IR-1 interviews

but

NOW - I know only Montreal handles the IR-1 interview -

so -

does Vancouver still handle the intake of the I-130? I THINK THIS IS THE STICKY BIT. If Vancouver does handle the I-130 intake, you need to find out if they accept it face to face (solely) or via postal delivery (solely) or either.

My apologies for seeming harsh - I am a cranky curmudgeon, by both trade and profession, sometimes it bleeds out.

[secretcover 0]

No apologies necessary! Our problem is that there is SO MUCH information out there and some of it contradicts. Our application should be a slam dunk but knowing how and where to get this started is the big conundrum. First and foremost we want to be able to move down in March as we will have no place to live here in Canada, having sold the house. Don't care how long the PR approval takes, as long as we can get there. We have no criminal record; my wife is an USC, we have been married 7 years, we have the means to support ourselves well above 125% of the PL and we own two homes in the US. Only things not done are the medical and interview. I read that filing DFC shortens the wait -- but how to file at the Consulate when you can't get any instructions how to do so? If we have to do the interview in Montreal, thn so be it. It is what it is. WE JUST WANT TO GET THIS STARTED THE RIGHT WAY so there is no impedence to our going down in March.

[OBX 51]

No apologies necessary! Our problem is that there is SO MUCH information out there and some of it contradicts. Our application should be a slam dunk but knowing how and where to get this started is the big conundrum. First and foremost we want to be able to move down in March as we will have no place to live here in Canada, having sold the house. Don't care how long the PR approval takes, as long as we can get there. We have no criminal record; my wife is an USC, we have been married 7 years, we have the means to support ourselves well above 125% of the PL and we own two homes in the US. Only things not done are the medical and interview. I read that filing DFC shortens the wait -- but how to file at the Consulate when you can't get any instructions how to do so? If we have to do the interview in Montreal, thn so be it. It is what it is. WE JUST WANT TO GET THIS STARTED THE RIGHT WAY so there is no impedence to our going down in March.

Kathryn's post is an excellent place to start, however, while the DCF process may speed up the timeline somewhat, expecting to be able to enter the US as a permanent resident in March is not going to happen. If you review the timeline of fellow DCF filers in the DCF forum you will see that the process is taking anywhere from 5 - 9 + months from submission to interview. Best of luck.

Montreal DCF Timelines see post # 649

Edited January 26, 2011 by OBX