average wait from I-129 and I-130

[anonymous123 0]

My daughter, a U.S. citizen, married my son-in law in Canada some years ago. They also had a ceremony in the USA, so they are married in both countries. They have lived and worked in Canada since their Canadian wedding. My son in law has visited the US several times over the last few years to visit her family members. They are moving to Washington D.C., a hardship case as they are moving to help take care of my daughter's father who has severe head trauma wounds. Just before the move, my daughter and son in law filed the I-29 and I-30 for his entry into the U.S. as a permanent resident. My daughter now has a US job, with ties to Canada. My son in law works for an international firm that has ties in Canada, US, and other countries. They were under the impression that he would be able to simply move with her to DC and file for his citizen ship while in DC. None of the INS forms mention that a Canadian citizen married to a US spouse cannot even enter the US while the paperwork is in process. They had to find this information out from an attorney just days before the closing on the sale of the house. They were about to physically move when the news came. Now he has to remain in Canada, while she migrates to DC to take care of her dad. The financial impact on them is enormous. Details are not necessary for how enormous. My question is would this situation be considered an extreme case which might be appealed on that basis to a consulate? directly to INS? Any information greatly appreciated.

[milimelo 4,413]

My daughter, a U.S. citizen, married my son-in law in Canada some years ago. They also had a ceremony in the USA, so they are married in both countries. They have lived and worked in Canada since their Canadian wedding. My son in law has visited the US several times over the last few years to visit her family members. They are moving to Washington D.C., a hardship case as they are moving to help take care of my daughter's father who has severe head trauma wounds. Just before the move, my daughter and son in law filed the I-29 and I-30 for his entry into the U.S. as a permanent resident. My daughter now has a US job, with ties to Canada. My son in law works for an international firm that has ties in Canada, US, and other countries. They were under the impression that he would be able to simply move with her to DC and file for his citizen ship while in DC. None of the INS forms mention that a Canadian citizen married to a US spouse cannot even enter the US while the paperwork is in process. They had to find this information out from an attorney just days before the closing on the sale of the house. They were about to physically move when the news came. Now he has to remain in Canada, while she migrates to DC to take care of her dad. The financial impact on them is enormous. Details are not necessary for how enormous. My question is would this situation be considered an extreme case which might be appealed on that basis to a consulate? directly to INS? Any information greatly appreciated.

No INS for years, it's USCIS.

The son in law can't emigrate before he has a valid immigrant visa. Also, no citizenship for him before he fulfills requirements for it (3 year perm residence, 3 or more years married to USC spouse, time in district). It's Permanent resident status before citizenship.

He can certainly visit, provided he brings supporting documentation to prove to POE IOs that he will return to Canada after his visit (return ticket, apt lease/ house mortgage, bank statements, pay stgatement, letter from work, copy of NOA1 from I-130)...

I don't think this would fall under expedited approval - USC spouses with cancer were denied expedited processing.

[Lansbury 19]

No-one of any nationality gets to move to the US to live as a Permanent Resident until they have been granted the appropriate visa. There is nothing to stop your son-in-law coming to visit but he would have to return to Canada and maintain strong ties there to do so.

I doubt they are in any worse a situation than any other married couple where one is a US citizen and they wish to live in the US. All have to remain apart or live in the other persons country while the visa is being processed so I doubt they would get the matter expedited unless they can show the medical needs of her father somehow warrant it. But as she is already in the USA it probably isn't going to be a very strong argument.