Needing Some Direction

[Avery 0]

X-POSTED to R-1 / CR-1 Spouse Visa General Discussion

Good Morning,

My husband is a US Citizen and I am Canadian. He arrived in Canada in June 2007, and we got married on July 2007. We started the Canadian Immigration process (which has been nothing but a headache). He is currently sitting with a work visa and a visitor's extension (or temp resident it doesn't say) until January 2010. A process we are now abandoning.

We have since decided that this is not the place for us and need to move to the US.

Unfortunately we are unsure where we need to file our I130 and which course of action would prove the most timeliest in our situation. We have a time limit before he is required to leave. (10 months)

We are unable to book with our local consulate as we are in Winnipeg. All visa applications and NON emergency inquires are delt with ONLY at the Calgary office. We are on a limited budget (aren't we all). So travel is kinda out of the question.

The options we think we have are as follow:

1. We file the I130 at the Vermont center and pray it doesn't get lost. Filing with a I129F(K-3) shortly after.

2. We file the I130 at the Chicago office (as he is from Ohio) and again following with the I129F.

3. We file the I130 with the I485 at the Chicago office and hope it goes faster.

4. Somehow manage to scrape enough money to travel to Calgary and get an appointment there and apply.

I have been all over every website and majority of these forums. (Perhaps I'm not good at finding information) I've called our local consulate (who won't help us with inquires), I've called the visa office at (603)334-0700. I've called (202) 663-1225 and I've tried (403) 266-8962. As well as (785)330-1048 which tells me its out of service.

If anyone can give me some time lines that I would be looking at I would forever be grateful. Or at least point us where on earth we have to send these papers. I hate sitting on them.

Thank you so so so much in advance. =)

[trailmix 77]

1. We file the I130 at the Vermont center and pray it doesn't get lost. Filing with a I129F(K-3) shortly after.

2. We file the I130 at the Chicago office (as he is from Ohio) and again following with the I129F.

He is a resident of Canada, therefore you would file with Vermont.

3. We file the I130 with the I485 at the Chicago office and hope it goes faster.

You mean enter the U.S. and apply for an Adjustment of Status there? Can't be done so you can rule this one out.

4. Somehow manage to scrape enough money to travel to Calgary and get an appointment there and apply.

In which case you would be Direct Consular Filing and applying for a CR1/IR1 visa - which means, if approved, you would get a 10 year green card (assuming you have been married 2 years or more)

This is by and far the better way to go, you get the superior and less costly visa. It will take around 100 days from start to interview - nothing in stone there, they vary.

[Avery 0]

If we wanted to file directly with the consulate we would have to save up for a few months (3-4) before we could go down. Now we didn't want to file at the Vermont centre because it seems everyone who is filing there is finding their cases taking double to three times as long as when filing with the Chicago lock box. Would there be much of an issue if we filed with Chicago or MUST it go to the Vermont box.

My husband is a born us citizen. Not a green card holder. =)

Thank your help. =)

[trailmix 77]

If we wanted to file directly with the consulate we would have to save up for a few months (3-4) before we could go down. Now we didn't want to file at the Vermont centre because it seems everyone who is filing there is finding their cases taking double to three times as long as when filing with the Chicago lock box. Would there be much of an issue if we filed with Chicago or MUST it go to the Vermont box.

My husband is a born us citizen. Not a green card holder. =)

Thank your help. =)

As long as he is a resident of Canada it must go to Vermont, those are the instructions. Now, whether you can circumvent that I don't know. Chicago is just a 'clearing house' anyway, they are going to farm your petition out to the correct service center - so will probably end up in ... Vermont

Edited April 1, 2009 by trailmix

[Avery 0]

Thank you for your help so far. Just as a question if anyone else knows as well;

If we do want to file directly at the consulate we would have to travel to calgary to do so. As far as I can understand they work on a first come first serve basis. Is there anyway I can book an appointment as I would also have to book transportation there and what not? When I tried calling the number for the US consolate provided on their website I got nothing but a looping voice mail.

They certainly don't make finding any help easy. ><