Trident

19 hours ago, acidrain said:

The DCF process for Canada is done through Mexico so a person's circumstances would have to be very exceptional (life or death situation). A job offer would not be considered exceptional as others have already tried this route. If Canadians could expedite for a job offer we would all be doing it.

16 hours ago, acidrain said:

@Jorge VIf Mexico started processing Canadian DCF cases based on the USC starting a new job, they would be inundated. Montreal is notoriously strict on domicile and without a job in the US it's difficult to get approved. Unfortunately Mexico only looks at exceptional circumstances (for Canadians).

 

Recently another Canadian tried this route and was told to apply for an expedite with USCIS if they felt their case warranted a faster approval.

8 hours ago, geowrian said:

Yes it's possible for that reason. No, it's rarely approved. I can only imagine how much this would be abused if it was regularly approved. A job offer is not inherently exceptional so it would need to have other circumstances surrounding it for a realistic chance of success.

 

 

Yeah, I can see if it was just a job offer it would not qualify.  But we are not talking about a job offer. This is not a situation where a person is trying an expedited process to get a green card via the US citizen spouse getting a job offer in the US.  Instead, it is a case where a family is living in Canada and the US citizen spouse is transferred by her employer to a US office (on short notice), and, were it not for an exception, they would be looking at a year (or more?) of separation.

This is a situation that the list of exceptional circumstances explicitly includes (intra company transfer on short notice).

If the exception does not work, is it somewhat odd in that the family would be better off if the transferred spouse was not a US citizen? Consider a case where a company transfers two employees from a Canadian office to a US office.  Employee 1 is not a US citizen and is married to a non US citizen. Employee1 can get an L1 and his wife can get an L2. In a very short period of time, both are in the US and can work. 

Employee 2 is a US citizen and is married to a non US citizen.  In this case, employee 2 can of course enter the US right away and start working in the US office, but, if the short-notice transfer exception does not apply, his wife has to wait a year (or more) to gain entry?  So the spouse of the non-citizen has an easier time getting entry and working than the spouse of the citizen?

Acidrain, re the Canadian who tried this route and was told to apply for an expedite via USCIS if they felt their case warranted a faster approval, are you referring to Skyzee?  He shared his experience in another thread. I believe in his case he found about the exceptional circumstance route after he had filed his I-130 with the Chicago lockbox.  The application was already in process.

KatandColin,

Thanks for responding.

From reading other posts on this forum it seems most people think a DCF from Canada does not work, even under the exceptional circumstances exception, so I think people (including me) were just hopeful to read that it has worked (fully realizing that each situation is unique).

Living in Canada (Vancouver) with my wife and our kids. They are all US and Canadian citizens, I am Canadian only.

We just found out that my wife is being transferred to a US office of her current employer.  

The immigration attorneys her employer arranged a call with only discussed the normal I-130 process (via Chicago lockbox), and gave an estimated timeline of 6 to 12 months once we file. 

The attorneys did not even mention the DCF process and it is only through this site that I found out this may be an option. 

Does anyone have experience or information regarding DCF from Canada under exceptional circumstances?

This thread has some information and I am wondering if anyone has any further information.  Thanks. 

http://www.visajourney.com/forums/topic/657843-update-timeline-for-dcf-from-a-non-dcf-country-with-exceptional-circumstances/