danlynclark

What would be the best method of filing for a married couple filing from outside of the US? The husband is a US citizen, they have been residing in Canada for many years.

I think they have already filed the I-130, I was unsure if they should file a K3, or if you can file a K3 with the US Citizen residing outside of the US.

Any input would be greatly appreciated!

Lyn

mcjimbo

Perhaps a DCF (Direct Consular Filing) with is done through the U.S. Embassy in your country, its the quickest method I believe and most relevant to your situation. Anyone else want to comment on that?

FlyergirlUK

The DCF option is not available in Canada.

Read this link for information on filing for K3 from Canada.

Whhi

FlyergirlUK <[email protected]> wrote in message news:<[email protected]>...
    > The DCF option is not available in Canada.
    >
    > Read http://www.visajo-
    > urney.com/forums/index.php?showtopic=3712&hl=filing+from+canada]this
    > link[/url] for information on filing for K3 from Canada.

We are in the same situation. Both of us living in Canada - one spouse
Cdn, the other spouse dual citizen: Cdn/USC. Have applied for I-130 in
Dec 2002 and received receipt. Applied for I-129F/K3 in Jan
2004...haven't heard anything. Is the USC required to live/be in the
US to file for a K3? What happens when USC has to provide 3 yrs
previous tax statements? Does joint sponsership come into play at this
point? Would really like some feedback...any help would be
appreciated!! Thanks in advance.

waitingforAOS

Yes, you can fill-out the additional affadavit of support if your sponsor does not have the last 3 years returns. It is form 864, i believe.

Bluegrass Lass

Didn't go to your link there, Flyergirl, but I have a question. Couldn't they apply for an IR-1 or CR-1 visa, depending on how long they've been married or the USC has resided in Canada? Or is this the same thing as DCF/filing the I-130? I find it hard to believe these options would not be available for Cdn/US couples.

FlyergirlUK

It is the same thing and yes, I agree, it is unbelievable that they're not given the DCF option; I've no idea why on earth not.

Buendia

The USC is NOT required to be living in the US to file for a K3. I'm currently living with my husband in Ireland. We went to the US Embassy and though we were told we could not DCF (long, complicated reason), they also told me that it is the right of any American citizen, regardless of where you are living, to file for a K3 (or K4, K1/K2). She said to file our I-130 at the service center for my last address in the US (in my case it was TSC). Hope this helps!

meauxna

The IR-1/CR-1 results after an approved I-130 and Immigrant Visa application. Canadians certainly *can* get one of these visas, but they have to wait (years) for the Service Center approval. Following the I-130 app up with an I-129f allows them to apply for the K3, enter the US and wait out the I-130 approval *in* the US (at which time they could return to Canada and get the IV) or, potentially apply for AOS.

I imagine DCF in Canada was eliminated due to heavy volume, but the interesting question of how they've been legally allowed to get away with this has been posed here once or twice and never answered.