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christmarie97 Newbie

christmarie97   0

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Filed: IR-1/CR-1 Visa Country: Canada
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Hi I am a U.S. Citizen and I am married to a Canadian Citizen. We got married in December 2020. We are both currently living in Canada. We want to move to the United States. Am I allowed to file for a CR1 if I am in Canada? I haven't started doing anything yet. Currently researching. I've only been here for almost 8 months. I thought I needed to use DCF but I think that is for people who have a job offer? Can someone advise to my particular situation. Thank you for the help.

Chancy Grand Master

Chancy   6,241

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Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
16 minutes ago, christmarie97 said:

Am I allowed to file for a CR1 if I am in Canada?

 

Yes, you may file the I-130 petition to start the CR1 process.  I recommend filing online -- https://www.uscis.gov/i-130

 

20 minutes ago, christmarie97 said:

I haven't started doing anything yet. Currently researching.

 

Start with the USCIS instructions for the I-130 form here -- https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

 

Also the VJ guide -- https://www.visajourney.com/guides/ir1-spouse-visa/

 

27 minutes ago, christmarie97 said:

I thought I needed to use DCF but I think that is for people who have a job offer?

 

I don't know how receptive the consulate in Montreal is to direct filings.  You will have to ask the consulate, if you have exceptional circumstances that could possibly qualify you for DCF.  I doubt having a US job offer would count as exceptional for Montreal.

 

Boiler Grand Master

Boiler   45,693

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Filed: K-1 Visa Country: Wales
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Posted

You can file from Canada, your practical problem will be to show US domicile at the time of the interview.

 

Probably be looking at an IR1 by then so at least you will not need to remove conditions.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

christmarie97 Newbie

christmarie97   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
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Posted
5 minutes ago, Boiler said:

You can file from Canada, your practical problem will be to show US domicile at the time of the interview.

 

Probably be looking at an IR1 by then so at least you will not need to remove conditions.

I was planning on having my dad be a joint sponsor.

12 minutes ago, Chancy said:

 

Yes, you may file the I-130 petition to start the CR1 process.  I recommend filing online -- https://www.uscis.gov/i-130

 

 

Start with the USCIS instructions for the I-130 form here -- https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

 

Also the VJ guide -- https://www.visajourney.com/guides/ir1-spouse-visa/

 

 

I don't know how receptive the consulate in Montreal is to direct filings.  You will have to ask the consulate, if you have exceptional circumstances that could possibly qualify you for DCF.  I doubt having a US job offer would count as exceptional for Montreal.

 

Ok thank you for the information!

Boiler Grand Master

Boiler   45,693

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Meeting the requirements of the I 864 is a separate issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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