Forum	Title	Content	Member	Sex	Country	Date/Time
Canada	Can Canadian wife enter on TN visa and then adjust status?	Thanks HeatDeath -- unfortunately that's what I figured. We'll scratch that idea.	krp	Male	Canada	2011-07-05 07:54:00
Canada	Can Canadian wife enter on TN visa and then adjust status?	Hi everyone, just wondering if this is feasible: I'm a USC married to a Canadian. Is it possible for her to enter the US on a TN (NAFTA) visa, and then apply for an AOS for a GC? Or would that be considered an invalid use of the TN visa (i.e., using a non-immigrant visa for immigration purposes), given that we were already married when she got the TN visa? Thanks for any insight!	krp	Male	Canada	2011-07-04 22:42:00
Canada	Bringing Canadian spouse of USC to US	The official answer to my question is that I am ineligible for DCF: I posted a more detailed explanation in the DCF forum. Many thanks again to everyone for your assistance! Looks like I'll be filing the petition within the US. -krp	krp	Male	Canada	2011-07-08 10:43:00
Canada	Bringing Canadian spouse of USC to US	Are you marrying in Ontario? I believe it takes quite a number of weeks/months for them to send you out the marriage certificate. That might preclude you from filing prior to your departure. You may want to make that post in the DCF forum. We're marrying in the US -- we're checking to make sure we'll have the marriage certificate before we return to Canada.	krp	Male	Canada	2011-07-06 16:21:00
Canada	Bringing Canadian spouse of USC to US	If u can DCF--U want to go that route!!! Simple as that,lol Thanks everyone. I've tried calling the Toronto Consulate (416.595.1700) several times today to no avail... the phone just rings and rings. That's despite the fact that when I called yesterday, someone picked up the phone and said this was the correct number for my question, but that no one was there to answer it then due to the "festivities" (July 5th? ) and to call back the next day. After trying the Toronto Consulate multiple times today, I then called the General Inquiries about Immigrant Visas phone number (1.877.341.2441), and the person I spoke to directed me to an email address (contactus_en_ca@usvisa_info.com). But the email I sent received an auto-reply that clearly stated "Inquiries concerning visa questions" would not be answered. So basically I can't find a way to speak directly to anyone at a US Consulate in Canada about my specific DCF questions. So... I was wondering if I could check with the experts on this forum to make sure our case qualifies for DCF before I mail the I-130 and filing fee to Toronto: Quick background: My Canadian fiancee and I are marrying on July 15. Then I'm moving August 1. I've been living in Ontario since 2005 on a Student Visa (expires in November). The idea is to DCF as soon as possible after July 15 once we have our marriage certificate. But very soon afterward (Aug 1) I won't be living in Canada anymore. So this is my question: On the I-130 and G-325a, should I list my new US address (as of Aug 1) as my current address? -- or will that disqualify me from DCF, since I no longer reside in Canada? Technically, of course, at the time of filing I will still reside in Canada, but I'll probably be living in the US by the time anyone at the Consulate contacts us. Would it help if I attached a brief cover letter explaining my impending change of address? Also, one bonus question: The instructions for the I-130 say the filing fee must be a money order drawn from a US bank. How do you get a money order if you DCF in Canada? I'm really grateful for all the help on this forum, especially with how quickly responses come in. Like others have said, I hope to return the favor one day after I learn my own way through the maze. -krp Edited by krp, 06 July 2011 - 03:23 PM.	krp	Male	Canada	2011-07-06 15:21:00
Canada	Bringing Canadian spouse of USC to US	Vast majority of Cdns go the regualr k1 or CR-1/IR-1 route!! At 1 time the DCF route ws much faster than it is now. But every now and then, MTL goes into hyperspeed,lol Hi Flames -- is there a reason we wouldn't want to DCF if we qualify? Is there a downside compared to the regular CR-1 route?	krp	Male	Canada	2011-07-06 08:14:00
Canada	Bringing Canadian spouse of USC to US	Thanks gooseberry and Kathryn -- that makes things more clear. I'm going to check with the Toronto consulate tomorrow to make 100% sure DCF will work for us. We would be thrilled if it only took 6 months to process the application -- given what I've read on this forum it often seems to take much longer than that.	krp	Male	Canada	2011-07-05 21:52:00
Canada	Bringing Canadian spouse of USC to US	There is quite a bit of misinformation in this thread. I'm going to move it to the Canada regional forum to try to eliminate that. Now I'm confused again. Krikit, do you have a recommendation re: my wife's immigration procedure? Is it possible for her to enter the US as a visitor and apply from within the US, or does she need to remain in Canada until she gets approved? If she does need to remain in Canada, can we DCF even though I would be moving back to the US a week after sending in the application to Toronto?	krp	Male	Canada	2011-07-05 10:50:00
Canada	Bringing Canadian spouse of USC to US	Thanks Inky! Regarding DCF: Can we still take that route if I move back to the US after we file the initial application with the Toronto consulate? (I've been residing in Ontario for six years but I'm moving back to the US a week after our wedding.) Or is the idea of DCF that the USC remain in Canada until the beneficiary's visa is approved? Regarding visiting: Does anyone have experience with long (2/3 month) visits while an application is pending? Is it possible for the foreign spouse to have multiple long visits?	krp	Male	Canada	2011-07-05 07:51:00
Canada	Bringing Canadian spouse of USC to US	Thanks for the clarification, Jojo. It seems wildly unfair that a VWP visitor could by chance meet and marry a spouse in the US and get to stay with the spouse while adjusting status, whereas my wife, whom I've lived with for 3 years already, has to be separated from me while she applies for a GC. I've come close to punching a hole in my monitor a couple times today... but I guess that's our government at work. Venting aside, one more question: If we DCF, will my wife be able to visit me while her application is pending? In particular -- assuming she satisfies the border guard that she has ties in Canada and will return -- can she spend two or three months at a time living with me before she returns to Canada for a bit? (She's finishing her PhD in Ontario, but she can do a lot of her work remotely.)	krp	Male	Canada	2011-07-04 21:35:00
Canada	Bringing Canadian spouse of USC to US	Thanks a lot for the replies so far. After doing some more research I'm a little confused -- specifically with regard to the instructions for completing the I-485 (AoS application). In describing who is NOT eligible to file the form, the instructions for the I-485 say this: You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years of age) That sounds as if my Canadian wife could move to the US with me as a visitor (i.e., under the Visa Waiver Program) and then file the I-130 and I-485 together. Am I missing something? -krp	krp	Male	Canada	2011-07-04 20:54:00
Canada	Bringing Canadian spouse of USC to US	Fair enough -- I guess we won't show any border guards our US lease then. Another quick follow-up: If my Canadian spouse had a job offer in the US, would she then be able to move with me and then apply for a green card?	krp	Male	Canada	2011-07-04 18:42:00
Canada	Bringing Canadian spouse of USC to US	1. No 2. DCF can be faster but you still interview in Montreal and Montreal is slow. (View numerous threads in the Canada section about how people hate Montreal consul.) 3. The limit is set by POE officer generally. No more than 90 days as a visitor or less if the POE officer says so, 6 months if you own a residence in the USA. Bring proof of ties to Canada when trying to cross. She has to return for police clearance, medical and interview. As well as any other papers she needs etc. Hi Inky, thanks a lot for the quick reply -- very helpful. Both our names are on the lease for our apartment in Vermont -- don't know if that makes a difference re: visitation length. But it sounds like she could effectively live with me for a large chunk of time as a "visitor" while her application is being processed? Is that true? -krp	krp	Male	Canada	2011-07-04 16:49:00
Canada	Bringing Canadian spouse of USC to US	Hi everyone, thanks in advance for any help -- this forum is great. Background: I'm a USC and just completed my PhD at an Ontario university; as such I've been in Ontario on a student visa for six years. My fiancee is a Canadian citizen, and we're getting married next week (July 15). I'm then moving to Vermont on August 1 to start my new job. (We planned the wedding over a year ago; I found out about the job a few months ago.) Questions: Is there any way for my spouse to move to Vermont with me and apply for a visa/GC within the US? (From my research it looks like the answer is no.) Assuming my spouse can't move with me, is her quickest immigration option DCF (via Toronto)? If so, is it ok if I move to the US after the application is filed? Assuming we DCF, is there a limit to how long my spouse's visits to the US can be while her application is pending? Thanks a lot! Let me know if you need more details. -krp	krp	Male	Canada	2011-07-04 15:50:00