Interview question

[GregBu 1]

For the CR-1 Visa, I know you have to interview in Montreal.

However, what if the Canadian citizen is currently in the U.S. on another Visa, like a TN Visa? Would they have to travel back to Montreal to interview, or could they interview somewhere in the U.S.?

[SapphireDreams 71]

If you are in the United States on a TN visa, you wouldn't apply for a CR1.

You could get married and then apply for AOS (adjustment of status) where you are switching your status from a TN visa holder to a Greencard holder. Same process for when you apply for a K1 and move on a K1.

If you did adjust from a TN, you would have to prove that your fiance had no intent (intent being the keyword) to immigrate when she crossed the border. This could be tricky if they see that she was engaged or had a serious boyfriend when she crossed and then got married shortly after.

There are a couple of posters who are knowledgeable in the TN visa process that might be able to answer better than me.

[JillA 2]

If you want more details on a TN visa, send a PM to Warlord. He's a TN expert

[GregBu 1]

So, right now we plan on getting married next week, and starting the paperwork for a CR-1 immediately. However, she'll still be in grad school until mid-May 2010. If she doesn't have the CR-1 Visa by the time she graduates, our plan was for her to look into getting a TN Visa (her degree qualifies) so she can move immediately.

But are you saying that with an active CR-1 Visa application pending, she can't apply for a TN visa?

Argh...so confusing.

[canadian_wife 1,822]

TN is a non-immigrant visa. It will be difficult to get if she has a pending Cr-1 immigrant visa. The TN visa requires your fiance to already have a job THEN apply for the TN - it has to do with the degree of the beneficiary but also the job description. You can't get a TN visa as, say, an economist with an economics degree but the job description of a short order cook.

Good luck

[trailmix 77]

First off, just to clarify for everyone - Greg's fiancee lives in Canada and goes to school in Canada. Greg - here are the facts:

- If you wait until your fiancee graduates and she finds an employer to sponsor her in the U.S. the TN visa is NOT instant. You say - "our plan was for her to look into getting a TN Visa (her degree qualifies) so she can move immediately" - scratch that plan altogether - now if you want to wait a few months for the TN visa to come through - that's another matter, but that's not what you have said.

- If you get married right now and apply for the CR1 - the processing should be complete by May 2010, when she graduates. If it is not, there is not a thing you can do about it. What you can do right now is start reading the guides for the CR1, get all your documents together, so you are ready to go when asked for them.

- She will have to travel to Montreal for the CR1 interview - yes, even if she is in the States at that point.

Edited August 12, 2009 by trailmix

[GregBu 1]

First off, just to clarify for everyone - Greg's fiancee lives in Canada and goes to school in Canada. Greg - here are the facts:

- If you wait until your fiancee graduates and she finds an employer to sponsor her in the U.S. the TN visa is NOT instant. You say - "our plan was for her to look into getting a TN Visa (her degree qualifies) so she can move immediately" - scratch that plan altogether - now if you want to wait a few months for the TN visa to come through - that's another matter, but that's not what you have said.

- If you get married right now and apply for the CR1 - the processing should be complete by May 2010, when she graduates. If it is not, there is not a thing you can do about it. What you can do right now is start reading the guides for the CR1, get all your documents together, so you are ready to go when asked for them.

- She will have to travel to Montreal for the CR1 interview - yes, even if she is in the States at that point.

Thanks for the clarifications and answers.

[SapphireDreams 71]

So, right now we plan on getting married next week, and starting the paperwork for a CR-1 immediately. However, she'll still be in grad school until mid-May 2010. If she doesn't have the CR-1 Visa by the time she graduates, our plan was for her to look into getting a TN Visa (her degree qualifies) so she can move immediately.

But are you saying that with an active CR-1 Visa application pending, she can't apply for a TN visa?

Argh...so confusing.

Well you are crossing a fine line with your immigration intent and the TN visa. A TN visa is a work visa, if you have already applied for a family-based immigration visa, then I'm not sure why you would bother with a TN.

On the website it even says for TN Visas:

"Additionally, as nonimmigrants, applicants must demonstrate that:

* That their stay is a temporary period that has a reasonable, finite end that does not equate to permanent residence."

Here is the link http://travel.state.gov/visa/temp/types/types_1274.html#3

By applying for a CR1 visa, you are proving that you are seeking permanent residence in the United States... so it goes against the rules of a TN visa.

I know you mentioned that you don't want to be apart, but honestly, it is almost impossible to, no matter how well you plan it, to not be apart for even just a few months of the process. If you apply for a CR1 by next month you'll most likely going to get an interview within 8-10 months, so that will put you at the May-July timeframe. That's only a few extra months and in the whole grand scheme of things, that's nothing! If anything, it will give her some time to get ready to move, pack and all of that! Plus she could always visit too while you waited from May until you got your interview if the wait was less than 6 months.

[GregBu 1]

Plus she could always visit too while you waited from May until you got your interview if the wait was less than 6 months.

I think that's what we're going to go for. How far in advance do you know the date of your interview?

[trailmix 77]

Plus she could always visit too while you waited from May until you got your interview if the wait was less than 6 months.

I think that's what we're going to go for. How far in advance do you know the date of your interview?

Generally around 2 months.

The procedure is:

File I-130 with USCIS ----> USCIS approves the file and forwards it to the National Visa Center ----> You submit lots of documents and money to the NVC ----> NVC books your interview and you go to Montreal.

For the I-130 part, not much you can do to speed this up - assuming you do the application correctly and they don't send you a request for further information.

For NVC, you can start gathering documents now, the faster you pay them and get your documents to them, the faster you get through NVC.

Once completed at NVC, it takes around 3 months to interview date.

Edited August 12, 2009 by trailmix