JessInUSA

I have read a little about this on the visajourney website. It sounds like the easiest and quickest way to bring Mack in to the US from Canada, but I'm a bit skeptical, because if it was so easy, how come I haven't heard of it, or heard anyone else on this site doing it?...

Has anyone gone this route? If so, what was your experience?
Is it even possible to do in Montreal (the US Consulate we would be using)?
If you haven't, and are knowledgeable on this subject, please help!

Thanks in advance

-Jessica

ian-mstm

Simple answer here - Canada doesn't do DCF.

Ian

JessInUSA

okay, thank you.

letysjim

hi if you have met in person and have pics of you and him together i would suggest going the K-1 route if you are not married yet but if you are in the vermont district it is the fasest way to bring him here

JessInUSA

yes, we have met, and he's been here for 3 visits this summer. we have discussed the k1 and k3, and thats our plan, as of now. we were just looking for something a bit quicker. Thank you for your reply

Rete

Since Direct Consular Filing has not been available in Canada since 1997/1998 and you live in Pennsylvania the quickest way for you would be the K-1. Forget about the K-3. The K-1 through Vermont and Montreal (since this is the US Consulate you said you would be using instead of Vancouver) should take about 3 months to obtain. The K-3 would take at the very least just that long to clear the US portion before even getting to the NVC for action before heading to the US Consulate in Montreal for final interview.

Canadians might share a common border with us, however, there is no quick way for them to enter the US after marriage to a US Citizen.

Rete

meauxna

Jessica, can you show me where on vj you read about this?
thanks!

JessInUSA

http://www.visajourney.com/forums/index.php?pg=compare

FlyergirlUK

Did you also read the additonal notes on DCF, as follows?:

2. Please note: Canada does not ever do DCF for any US citizens (even if the Couple resides in Canada, you always have to file at the Nebraska Service Center) and the UK does not do direct consular filing for us citizens who are Non-residents.

JessInUSA

yes but I dont understand that part - we will be filing through the vermont service center.

meauxna

"IF" the couple lives in Canada.
Does your USC live in Canada or the US? That determines where s/he files.

FlyergirlUK: thanks! That's where I was going with it

JessInUSA

I dont understand your questino. My fiance lives in Canada. We will file through the VSC.

HunterGreen

Jess, the important part for you from that quote is "Canada does not ever do DCF for any US citizens''.

Elaine

JessInUSA

I already knew this on the second post of this thread. I was talking about the K-1.

Rete

I believe Jess lives in Pennsylvania and her Canadian lives in Canada. They are not yet married.

Jess has some misunderstanding of procedures. Lets see if we can simply and clarify some of her misconceptions.

1. Direct Consular Filing (DCF)

This procedure allows the USC spouse to petition at the US Consulate aboard for their alien spouse to enter the US as a permanent (conditions not withstanding) resident. At no point during DCF is any petition filed within the US. The I-130 is filed aboard in the US Consulate in a foreign country.

This procedure is only available to certain countries and it is only available in some of those certain countries if the USC spouse mets certain requirements, i.e England where the US Citizen must have right to remain.

One Notable Exception to DCF: Canada ... it is not, repeat not available to a USC and a Canadian spouse.

2. K-1 - Fiancee Visa

This visa allows the foreign fiancee to enter the US for the express purpose of marriage to a USC. The USC files the I-129F at the service center for their living jurisdiction. For Jess this is Vermont. After the I-129F is approved it is sent to the National Visa Center and then after documents are sent to them and all is in order an appointment is given for the foreign fiancee to interview at the US Consulate. For Jess' fiancee this is one of two US Consulates in Canada --- Montreal or Vancouver. Her Fiancee opts for Montreal

After the interview and he is approved, he enters the US within six months with his fiancee visa and marries Jess within 90 days of entering. During their wedded bliss they file for now-hubby's adjustment of status.

3. K-3 Visa

Jess and Fiancee marry and fiancee, now hubby returns to Canada. Jess files an I-130 with the Vermont Service Center. When she gets the receipt (Notice of Action) from Vermont Jess will then file I-129F for the K-3 but this one can only be filed at the Chicago address on the I-129F instruction sheet. It takes 3 or more months for the I-129F to be approved. It then goes to National Benefit Center where you will exchange documents with them and then it will be forwarded to the US Consulate in Canada (again either Montreal or Vancouver depending on your hubby's preference). Then an interview will be schedule and hubby will go to the US Consulate for said interview. If approved, hubby can come to the US with his K-3 and then when his I-130 is approved he can file for adjustment of status.

Jess = I hope this simple breakdown of procedures helps you out. It is only skeletal but contains the bulk of the procedure without my fleshing it out and making it confusing.

Rete