I-130 Questions

[emjaykain 0]

Hello,

I just have a few brief questions about the I-130 process.

I am a Canadian citizen (Toronto) who got married to a US citizen in March 2009. He was in Canada on a work permit that has since expired and could not be renewed due to his LMO (Labour Market Opinion) being denied.

Our plan is for me to follow him to the US (Chicago) to live permanently. We are taking the CR-1 visa route and we're about to file the I-130 but are hearing conflicting information. Since we're both residing in Canada at the moment we wanted to send the I-130 off as soon as possible so I can follow him to the states sooner. He'll be leaving for the US himself within the next month and was hoping to have me follow him a month after that.

How do we file the I-130 from Canada? (He is not a "lawful resident")

Should we file it from the US?

If we do file it from Canada can I not enter the US until the CR-1 visa process is done? or just the I-130 process? (we spoke briefly to a US immigration lawyer and he told us that I can enter the US before we even file, that intent to immigrate usually isn't an issue..I'm not sure how right he is about that. He also told me I can enter the US after filing from here but again I'm hearing conflicting information)

At one point do you think I'd be allowed to enter the US after the I-130 is filed? (How many months?)

What is the processing times for I-130 and what office do we send it to in the States if he's in Canada only for a month?

What are the processing times for each step of the CR-1 visa?

I know a lot of this information is available on-line, but as I've said I'm finding conflicting information.

Any help is greatly appreciated. Thanks.

[trailmix 77]

Should we file it from the US?

If we do file it from Canada can I not enter the US until the CR-1 visa process is done? or just the I-130 process? (we spoke briefly to a US immigration lawyer and he told us that I can enter the US before we even file, that intent to immigrate usually isn't an issue..I'm not sure how right he is about that. He also told me I can enter the US after filing from here but again I'm hearing conflicting information)

This question may be tricky (the filing from here - not the visiting - that is not really tricky - see below). Basically when you 'Direct consular File' - they want proof of the U.S. citizens long term residency - Canadian DL, health care card etc. I don't know if your Husband has these? Maybe, just maybe they would let you DCF before he leaves, hard to say. Otherwise you are mailing it to Vermont (unless you mail it after he leaves Canada, then to Chicago). Please see amcits info and link at the bottom of this post.

At one point do you think I'd be allowed to enter the US after the I-130 is filed? (How many months?)

You can visit while the process is pending - you just need to ensure that you bring good proof of ties to Canada with you. The entire process, to interview in Montreal, is around a year (ie: you can't go and live there - with visa in hand - for about a year)

What is the processing times for I-130 and what office do we send it to in the States if he's in Canada only for a month?

See above

What are the processing times for each step of the CR-1 visa?

There are no firm times for each step, they vary.

I know a lot of this information is available on-line, but as I've said I'm finding conflicting information.

I would recommend that you read the guides (link at top of page) and try to get all of your info on visa journey - then go to other sites if you don't get an answer here - otherwise it just causes confusion - as you have found out.

You might also want to drop by the Canada forum. http://www.visajourney.com/forums/index.php?showforum=93

Documents required at the time of filing an I-130 at U.S. consular officers in Canada:

Form I-130 for each intending immigrant, regardless of age.

Payment of the filing fee for each I-130 of US$355. Payment may be in cash or credit card if applying in person. If initially by mail to Toronto, it may be by US$ money order or cashier's check. A receipt is returned to the petitioner after filing.

Two Biographic Information Forms (G-325A) - one for the petitioner, one for the beneficiary; with recent passport-style photo attached to the bottom right corner or the form.

Evidence of the petitioner's U.S. citizenship, such as a U.S. passport, U.S. birth certificate or U.S. Naturalization or Citizenship Certificate.

Evidence of Petitioner's legal long term residence status in Canada, such as a provincial healthcare card, provincial driving license or Canadian immigrant card.

Petitioner's complete long form birth certificate (if filing on behalf of a parent.)

Beneficiary's complete long form birth certificate.

Both parties' Current complete marriage certificate.

All parties divorce decrees or death certificates showing termination of all prior marriages of petitioner and beneficiary and any derivative relatives, if marriage is the basis of the qualifying relationship, i.e. spouse or stepchild relationship.

If applicant's name is different from that on his/her birth certificate, all past marriage certificates, court decrees or other legal evidence of a name change.

Original documents (i.e. civil records issued under the original seal, stamp or signature of the government or official custodian) must be presented to the U.S. consular officer together with a photocopy. Original documents will be returned. Any document written in a language other than English must be accompanied by a certified translation.

You may photo-copy your U.S. naturalization certificate for use by the U.S. Government contrary to the prohibition stated on the certificate. If the petitioner submits photocopies to Vermont, the beneficiary must submit the originals at the time of the immigrant visa interview. link

Edited April 6, 2009 by trailmix

[trailmix 77]

I just want to clarify something - i'm kind of giving you the really short answers because I am hoping you will read the guides to get more information - the questions you have asked are quite generalized.

However! The thing I wanted to clarify is that you really should get a new lawyer.

Basically what he is telling you to do is break the law - this, in my opinion does not a good lawyer make.

Look at it this way - say - as you mention - you decide to move a month after your Husband. You pack the car and get to the border and the border officer asks you 'what is the purpose of your visit to the United States'.

If you answer truthfully - they will not let you in - if you lie - how will you explain that at your adjustment of status interview?

That is not to say that, probably, people get away with just that all the time and that maybe the CO is feeling generous and it really doesnt affect a particular application. What I see as totally irresponsible, on the part of your lawyer - is that he is advising you to break the law and what if the CO does care - I assume he will file your waiver for free while you sit up in Canada?

[emjaykain 0]

I just want to clarify something - i'm kind of giving you the really short answers because I am hoping you will read the guides to get more information - the questions you have asked are quite generalized.

However! The thing I wanted to clarify is that you really should get a new lawyer.

Basically what he is telling you to do is break the law - this, in my opinion does not a good lawyer make.

Look at it this way - say - as you mention - you decide to move a month after your Husband. You pack the car and get to the border and the border officer asks you 'what is the purpose of your visit to the United States'.

If you answer truthfully - they will not let you in - if you lie - how will you explain that at your adjustment of status interview?

That is not to say that, probably, people get away with just that all the time and that maybe the CO is feeling generous and it really doesnt affect a particular application. What I see as totally irresponsible, on the part of your lawyer - is that he is advising you to break the law and what if the CO does care - I assume he will file your waiver for free while you sit up in Canada?

I thought the lawyer might have been a bit "quick" with his advice. I didn't really think what he was telling me was the right thing to do either. Thank-you for confirming that.

As for your other points, my husband does have an Ontario health card but it's expired as his status has been revoked due to a negative LMO. He is here unlawfully so a DCF is out of the question. I figured we would have to file at Vermont but I've been hearing that the processing times are extremely long and I really can't stand to be away from him for close to a year.

Do you think it would be best for him to file with his Chicago address at the Chicago lockbox? Could that possibly be quicker? I know that processing times vary but I'm hoping maybe someone might have some answers I haven't quite come across yet. I think I'll take the visting route when it comes to travelling to the states and just bring proof of ties to Canada (ie. job letter when I'm returning to work etc.) so I can at least visit him before I move there.

Anyone out there with more advice would be greatly appreciated.

Thanks again!

[txladykat 1]

Chicago does not process applications, they only forward them to the appropriate processing center. There is no way to speed up the process. We all understand that you don't want to be apart, but that unfortunately comes with the territory. Can he not file for residency in Canada based on your marraige? If so, then he could file DCF, which is much quicker.

[emjaykain 0]

Chicago does not process applications, they only forward them to the appropriate processing center. There is no way to speed up the process. We all understand that you don't want to be apart, but that unfortunately comes with the territory. Can he not file for residency in Canada based on your marraige? If so, then he could file DCF, which is much quicker.

In order for him to file for residency in Canada it would basically be just as much of a headache to file for me to be in the States. Besides that, he cannot work in Canada legally right now so he doesn't really have a choice to hang around here for much longer.

Sponsoring a spouse in Canada is quite costly as well and takes a long process so that's not an option.