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Immigration Forum / USA Marriage Base / March 2006



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I130/DCF Toronto

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Fuzz141 - 29 Mar 2006 05:32 GMT
Hi,

First some background, and then some questions:

I'm Canadian, my wife is American.
We were married in the US two years ago.
Currently living in Canada.
Would like to move to the States as soon as possible to be closer to
her family.
I would like to work as soon as I arrive in the States.
The Homeland Security website says, at:
http://uscis.gov/graphics/formsfee/forms/i-130.htm
that:
"Petitioners residing in Canada can also file with the Vermont Service
Center. United States citizens residing in Canada who are filing for
their spouse, child, or parent, may now file at the nearest Embassy or
Consulate, with the exception of Quebec City."

So we would like to do the DCF at the Toronto Consulate, but I've been
unable to find any info on how to do that, and if it would be quicker
than mailing it to the VSC.  I've been reading in this newsgroup that
DCF isn't available in Canada - is the uscis.gov site incorrect?  I can
find on the Toronto Consulate page that DCF is available for
non-immigration visas, but the I130 is for immigrating.  We could
travel from Toronto to Ottawa, to Montreal if need be to DCF the I130.

Thanks in advance to any and all that take the time to respond!
hcj1440 - 29 Mar 2006 07:18 GMT
> Hi,
>
[quoted text clipped - 24 lines]
>
> Thanks in advance to any and all that take the time to respond!

This page on the Toronto US consulate website has info on filing I-130s
directly through them.

http://www.amcits.com/immigration.asp
meauxna - 29 Mar 2006 16:55 GMT
> Hi,
>
[quoted text clipped - 24 lines]
>
> Thanks in advance to any and all that take the time to respond!

Hi Fuzz,

DCF in Canada is new since Nov05. No one has posted to this group about
their experience, but there are several Canadian DCFers posting to
visajourney.
From their reports, it sounds pretty straightforward. Take everything
related to the I-130 in person to your Consulate of choice (ex. QC) and
your Canadan spouse and the I-130 is adjudicated then and there. Your
details are sent on to Montreal and you wait in their queue for a visa
interview.

The wait is running several months now, despite whatever you're told at
the I-130 appointment.

Let us know how it goes!
Folinskyinla - 29 Mar 2006 18:43 GMT
> Hi Fuzz,
>
[quoted text clipped - 11 lines]
>
> Let us know how it goes!

Hi:

Just learned something new.  It pays to note that procedures are
always subject to change.  This one is welcome.  If an I-864 is not
required, this will be welcome for Canadians with AmCit parents born
and living in Canada.  This has been a minor annoyance for some time
for some of my cases.

Signature

Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

meauxna - 29 Mar 2006 19:03 GMT
> Hi:
>
[quoted text clipped - 3 lines]
> and living in Canada.  This has been a minor annoyance for some time
> for some of my cases.

Sorry, I don't quite follow.
I've not yet heard of an I-864 NOT being required for an Immigrant Visa
in Canada & thought I remembered you posting to the new (Nov05) news
that DCF is now available in Canada.

Cutting back on coffee is not helping me all that much in the 'get
sharp' department. ;)
Rete - 29 Mar 2006 19:54 GMT
> Sorry, I don't quite follow.
> I've not yet heard of an I-864 NOT being required for an Immigrant
[quoted text clipped - 3 lines]
> Cutting back on coffee is not helping me all that much in the 'get
> sharp' department. ;)

No, you are correct, meauxna.  Mr. Folinsky did report the change in the
filing procedure for US/Can citizens and the I-130.  You are also
correct that it is filed at the US Consulate closest to where the couple
lives but the interview itself will take place in Montreal.  AFAIK and
have heard, the I-864 is still a requirement and if the USC spouse
cannot fulfill the financial requirement, they still need to complete
one and obtain a co-sponsor who can met the financial obligations if the
couple does not have the assets to cover the required financial mark.

Signature

I'm not an attorney.  This disclaimer is valid in NYS!

Fuzz141 - 29 Mar 2006 21:04 GMT
> lives but the interview itself will take place in Montreal.  AFAIK and
> have heard, the I-864 is still a requirement and if the USC spouse
> cannot fulfill the financial requirement, they still need to complete
> one and obtain a co-sponsor who can met the financial obligations if the
> couple does not have the assets to cover the required financial mark.

We were going to use her parent's home as the address we're moving to -
will that be okay?  About the I-864 - will our Canadian income/assets
count?

Also, is it worth it to get a background/fingerprint check before
applying at the Consulate?  What about the medical?

Thanks again everyone!
meauxna - 29 Mar 2006 21:19 GMT
> > lives but the interview itself will take place in Montreal.
> > AFAIK and
[quoted text clipped - 16 lines]
>
> Thanks again everyone!

Please review the Dept of State FAQ for the I-864; it answers your
foreign income question. Assets are a separate matter.
Don't have the links handy, but they are in the DCF Guide at
visajourney.
Rete - 29 Mar 2006 21:22 GMT
> > lives but the interview itself will take place in Montreal.
> > AFAIK and
[quoted text clipped - 16 lines]
>
> Thanks again everyone!

That is fine for the address.  You can use your assets not your income.
Your Canadian income will not follow you into the US unless you are
obtaining a job transfer so it won't count.  Assets are $1 required x 5
to meet the requirements.

You do not need a fingerprint check unless you have a criminal history.
You get the police clearance at the local RCMP.  Do not get it too
early.  As for the medical get your vaccinations from your GP before you
take the medical.  Cut back on some money.  See if you can find a list
of CIS approval doctors who can do the exam.  Also need your
certified/registered marriage certificate, any divorce decrees, long
form birth certificate (not the little card Canucks carry), military
clearance if you were in the service, etc.

Signature

I'm not an attorney.  This disclaimer is valid in NYS!

Folinskyinla - 30 Mar 2006 00:50 GMT
> Sorry, I don't quite follow.
> I've not yet heard of an I-864 NOT being required for an Immigrant
[quoted text clipped - 3 lines]
> Cutting back on coffee is not helping me all that much in the 'get
> sharp' department. ;)

Hi:

It is possible for a Canadian to have had 10 years of social security
earnings under various H-1's, NAFTA, or even a prior green card.  Since
an I-864 is valid only until the beneificiary becomes a USC, leaves
permanently, OR has 40 quarters of social security earnings -- no I-864
is needed if the beneficiary has those 40 quaters under the belt.

If I reported the changes, then I simply didn't internalize them.

Signature

Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

meauxna - 30 Mar 2006 22:15 GMT
> Hi:
>
[quoted text clipped - 6 lines]
>
> If I reported the changes, then I simply didn't internalize them.

Ahhhh, thanks for the reminder! I get you now.
 
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