Is TN to GC via Direct Consular Filing?

[snyc01 1]

Hi all,

Forgive me if this info is somewhere else, I tried searching and couldn't find a definitive answer.

I am a Canadian citizen currently living in the US on a TN Visa, and getting married to an American citizen soon. My work requires a lot of international travel, so the potential 90+ day wait for Advance Parole is something I would like to avoid.

My understanding, given my travel needs, is that instead of AOS I could apply for a green card through consular processing at the Montreal consulate. I was looking through the guides, and the reference to "Direct Consular Filing" or "DCF" appears to be targeted for two spouses living abroad. Am I correct that this DCF guide would be the same process for me, even though we both live in the US? Or is there a separate form of "consular processing" that I should follow for my particular circumstance? I looked at the I-130 forms and it seems to assume that I am currently living abroad (Question #19: "your relative's address abroad") and that we are not living together (Question #18: "Address in the US where your relative intends to live") so it made me question its applicability.

One more question: While looking at the processing times section on this site, I can't figure out what the applicable processing time would be for this kind of application.

Thanks for any advice you can offer; I really appreciate it.

[Harpa Timsah 13,258]

It is not "direct consular filing" but rather just "consular processing" which means that you would interview in Canada.

It is usually just called the normal CR-1 process. It takes 8-12 months. Good luck.

[snyc01 1]

Ah, I see, thank you. So you think it's likely ok to fill out a I-130 via the normal CR-1 process and have a US address at the time? It seems like it's a fairly common circumstance.

[Harpa Timsah 13,258]

Yes, that is fine. You choose the process you want to go through.

The "direct" part in the DCF was when you could file initial package with the consulate directly instead of through USCIS, and that is not available in Canada anymore anyway

[NikLR 13,227]

Just something to note... you will have to have your medical and interview in Canada (Montreal for the interview actually) and they take your passport. There is an indeterminate amount of time they can keep your passport. I had mine the next day but others have had to wait a few weeks. Normally you have it within a 2 week period but it's something to think about. You'll be stuck in Canada for that time (vacation time maybe?)