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DCF I130 Canada or Normal Process

By bluewater12 in IR-1 / CR-1 Spouse Visa Process & Procedures

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bluewater12 Newbie

bluewater12   0

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Hi - my wife and I live in Canada. I am a US citizen by birth. I work for a US company from Canada. I am looking at the possibility of working for a US based team at the same company. This would require relocation. My understanding is that DCF is for "exceptional circumstances" and that simply wanting to work for a US team would not qualify, but having an offer in hand could. I don't foresee us moving in the next 6-8 months.

 

1. My understanding is I should just apply under the normal I-130 route given my circumstance and timeline?

2. If we end up needing to move sooner, I assume that I would move down and start work and my wife could only visit for X amount of time?

3. Would it be better to "wait" until I have a job offer in the US and go the DCF route?

4. My wife also works for a US based company, I don't know anything about the L1 visa process but if she were to pursue this, would she still be able to file the I-130?

 

Thanks

Crazy Cat Grand Master

Crazy Cat   45,890

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Filed: Citizen (apr) Country: Taiwan
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Be aware that you cannot go the DCF route once you have filed a normal I-130 with USCIS.  Also be aware that Montreal is notorious for their scrutiny of US domicile. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Boiler Grand Master

Boiler   48,365

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Filed: K-1 Visa Country: Wales
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I would say job and start date for DCF.

“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.”

bluewater12 Newbie

bluewater12   0

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22 minutes ago, Crazy Cat said:

Be aware that you cannot go the DCF route once you have filed a normal I-130 with USCIS.  Also be aware that Montreal is notorious for their scrutiny of US domicile. 

Got it - I moved to Canada 10 years ago. Prior to that I was born in the US and owned property. But you are saying that Montreal expects that I go and live in the US to establish myself before they will approve?

Boiler Grand Master

Boiler   48,365

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Filed: K-1 Visa Country: Wales
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You are applying for a family reunification visa.

“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.”

bluewater12 Newbie

bluewater12   0

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2 minutes ago, Boiler said:

You are applying for a family reunification visa.

Sorry not following. I thought I-130 was a petition for alien relative (i.e. spouse). You are saying that is what I am applying for or I need to apply for something else?

Crazy Cat Grand Master

Crazy Cat   45,890

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
13 minutes ago, bluewater12 said:

But you are saying that Montreal expects that I go and live in the US to establish myself before they will approve?

Either that or have a convincing plan that you are re-locating.  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Boiler Grand Master

Boiler   48,365

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Filed: K-1 Visa Country: Wales
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I 130 etc in this case. It is to reunify your family.

Just now, Crazy Cat said:

Either that or have a convincing plan that you are re-locating.  

Not sure that would work for Montral, feet on the ground is better.

“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.”

Crazy Cat Grand Master

Crazy Cat   45,890

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
6 minutes ago, bluewater12 said:

Sorry not following. I thought I-130 was a petition for alien relative (i.e. spouse). You are saying that is what I am applying for or I need to apply for something else?

An approved I-130 leads to a spousal visa (in your case)....which is a family reunification visa....to live in the US.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

SalishSea Grand Master

SalishSea   18,674

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Filed: Lift. Cond. (apr) Country: New Zealand
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Posted
1 hour ago, bluewater12 said:

Got it - I moved to Canada 10 years ago. Prior to that I was born in the US and owned property. But you are saying that Montreal expects that I go and live in the US to establish myself before they will approve?

YOU can of course move back and work in the US at any time.  What you are proposing is to bring your wife over as an immigrant, and as the petitioner, there are domicile requirements.  Montreal is notoriously more strict about this than consulates in other countries.  If you don't have a set timeline or a concrete job offer, consular processing via submitting an I-130 to USCIS is probably the best route to go.  

 

Make sure you are up to date on filing your federal US taxes.

bluewater12 Newbie

bluewater12   0

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1 hour ago, Crazy Cat said:

Either that or have a convincing plan that you are re-locating.  

Thanks - bear with me as I am still understanding my options.

 

Based on what I am hearing, submitting the I-130 to Montreal without living in the US could potentially be denied or drag the timeline out. Submitting DCF is likely not applicable to me right now.

Ultimately, the reason we are looking to start this process is 1) I eventually want to move back to the US and work with my company in the US for financial reasons 2) my family is all in the US and my parents are aging. We thought if we started the process now, while in Canada, then by the time we are ready to move, she would potentially be approved, could come with me, and potentially could work in the US with me. Is their a different path that we should follow?   

Boiler Grand Master

Boiler   48,365

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Filed: K-1 Visa Country: Wales
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Posted

If you submit to Montreal by definition it will be DCF.

 

If you go that route best to have a job and a start date.

“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.”

bluewater12 Newbie

bluewater12   0

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24 minutes ago, Boiler said:

If you submit to Montreal by definition it will be DCF.

 

If you go that route best to have a job and a start date.

Got it. So when I file the I130 online and it asks "At which U.S. Embassy or Consulate location will the beneficiary apply for an immigrant visa?" and I put in Montreal, then that is DCF?

bluewater12 Newbie

bluewater12   0

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My wife and I live in Canada. I am a US citizen by birth, I moved to Canada 10 years ago. I have filed US taxes every year. I work for a US tech company. There are opportunities within my company to switch to a US team, this would require me to relocate. I posted in another forum, but this one is likely more specific to Canada.

 

If we "may" look to move to the US in the next 8-12 months would it be sensible to start the I-130 now? I saw that if I have a job offer and start date with the US team I could apply using DCF to Montreal? Ideally, I'd like to avoid or minimize the time that my wife and I live apart and find a way for her to continue working in the US for a US company. 

 

Thanks

Crazy Cat Grand Master

Crazy Cat   45,890

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
40 minutes ago, bluewater12 said:

Got it. So when I file the I130 online and it asks "At which U.S. Embassy or Consulate location will the beneficiary apply for an immigrant visa?" and I put in Montreal, then that is DCF?

No... ...If you file an I-130 online to USCIS, you lose DCF........DCF means "Direct Consular Filing"......Filing online to USCIS means consular filing....but not DIRECT Consular Filing.  With DCF, everything bypassess USCIS.

 

But, for consular filing (filing an I-130 thru USCIS), you would put that your consulate is Montreal....but that is not DCF.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
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