Is it possible to DELAY my CR-1 visa?

[MGW 0]

For financial reasons it makes way more sense (pun intended ) for me to stay in Canada where I have a great job then to move to the US where there are few jobs in my area and I will likely have to work for $12 instead of 40 something a year. My husband is in university and living off of financial aid. He has another 2 years to go to complete his masters. We are one document away from being sent to the embassy. We would like for me to make the move July 2010 as I will be debt free (in Canada) by then.

Here is the info our lawyer gave us BUT she also told us that the CR-1 process would take us "6 months, maybe less" so I am seeking other opinions and knowledge.

"As for how long we can keep your petition alive, before having to pay the I-130 fee again ($355) and the visa fee again ($400), the plain language of the regulation says if you fail to apply within one year, the petition is canceled. The regulation does not say what “fail to apply” means, or at what point we have “failed to apply.”

We don’t think that we can keep the petition alive year after year by sending in one document and then another, and then another. At some point they will tell us they are closing the file. And we don’t know how often they purge their files. Sometimes they go on an efficiency binge and clear everything out that is getting too old.

We recommend filing the police certificate now, and attending the immigrant visa interview. You can enter the U.S. within the six-month validity period of the visa issued at the interview. Then you can apply for a reentry permit while you are in the U.S. A reentry permit will extend your ability to be gone from the U.S. without abandoning your permanent residence."

1. How easy and expensive is it to get a RE-ENTRY PERMIT? What kind of time frame are we talking?

I would want to return to Canada to work full time from Sept 2009 to June 2010.

2. Clearly that would mean I would have to file taxes in both countries but what are the implications? Would I be able to get GST rebate etc? Would we qualify to receive the stimulous $ since we would be filing married/jointly in the US (I would have a SSN)?

Thanks for your input.

[Krikit 1,164]

Can't help you with your tax questions but as for delaying the application and re-entry:

It sounds like you will be out of the US for less than a year so you would not require a re-entry permit. The only implication for being out of the US for any length of time that I am aware of is that it may impact your timeline for any plans you have for naturalization. Here's the FAQ for re-entry from CBP Find Answers: Link

As for delaying issuance of the visa. I did this by delaying response to Package 3 items. I then discussed it at the interview with the Consulate Officer, and he told me they would hold the visa until I was ready to use it. I simply had to mail in my passport when I was ready. I did not ask how long they would hold issuance for so I cannot help you on that point.

[MGW 0]

Can't help you with your tax questions but as for delaying the application and re-entry:

It sounds like you will be out of the US for less than a year so you would not require a re-entry permit. The only implication for being out of the US for any length of time that I am aware of is that it may impact your timeline for any plans you have for naturalization. Here's the FAQ for re-entry from CBP Find Answers: Link

As for delaying issuance of the visa. I did this by delaying response to Package 3 items. I then discussed it at the interview with the Consulate Officer, and he told me they would hold the visa until I was ready to use it. I simply had to mail in my passport when I was ready. I did not ask how long they would hold issuance for so I cannot help you on that point.

Thanks for the info.

We have already delayed the process by holding back paperwork for 7 months. Are lawyer is "suggesting" that we are chancing them canceling our petition by continuing to hold back paperwork (we would of course have our lawyer stay in contact with them as after a year without contact your application is cancelled) for another 10-12 months.

If we file now chances are good, according to visa journey timelines, that I could activate the visa b/w April and july 2009 but would want to return to finish the school year and then for work sept 2009 to july 2010.

How much does it cost to apply for EAD?

Is it just paperwork I can do myself once in the US?

How long does it take to process?

Can I return to Canada within 6 months of activating my visa and WITHOUT a EAD permit?

thanks. I will check out the link.

Edited February 3, 2009 by MGW

[trailmix 77]

Can't help you with your tax questions but as for delaying the application and re-entry:

It sounds like you will be out of the US for less than a year so you would not require a re-entry permit. The only implication for being out of the US for any length of time that I am aware of is that it may impact your timeline for any plans you have for naturalization. Here's the FAQ for re-entry from CBP Find Answers: Link

As for delaying issuance of the visa. I did this by delaying response to Package 3 items. I then discussed it at the interview with the Consulate Officer, and he told me they would hold the visa until I was ready to use it. I simply had to mail in my passport when I was ready. I did not ask how long they would hold issuance for so I cannot help you on that point.

Thanks for the info.

We have already delayed the process by holding back paperwork for 7 months. Are lawyer is "suggesting" that we are chancing them canceling our petition by continuing to hold back paperwork (we would of course have our lawyer stay in contact with them as after a year without contact your application is cancelled) for another 10-12 months.

If we file now chances are good, according to visa journey timelines, that I could activate the visa b/w April and july 2009 but would want to return to finish the school year and then for work sept 2009 to july 2010.

How much does it cost to apply for EAD?

Is it just paperwork I can do myself once in the US?

How long does it take to process?

Can I return to Canada within 6 months of activating my visa and WITHOUT a EAD permit?

thanks. I will check out the link.

A CR1/IR1 visa does not require EAD (this is for Adjustment of Status applicants and K1 - who basically adjust status after arriving and cannot leave until they have EAD without forfeiting the visa). It is an immigrant visa, therefore you would receive your green card within a few weeks - in fact you can travel before that using the visa in your passport.

From what I have read I think your lawyer is correct.

Edited February 3, 2009 by trailmix

[MGW 0]

Thanks for you thoughts.

I can see from my posts that I SHOULD HAVE ASKED:

1. What is a re-entry permit?

2. How easy/costly is it to apply for?

3. How long will it take to get?

thanks adain

[trailmix 77]

Thanks for you thoughts.

I can see from my posts that I SHOULD HAVE ASKED:

1. What is a re-entry permit?

2. How easy/costly is it to apply for?

3. How long will it take to get?

thanks adain

According to the USCIS site, the current fee is $305 dollars. Not sure about your other questions.

Seems to be good info here as well:

http://www.hooyou.com/i-485/MaintainlegalPRS.html

[john & jean 37]

six months to receive a cr1 is not going to happen. lucky if you have it in a year.

[john & jean 37]

oops my bad please disregard. I am being molested ,ummm distracted at the moment......