Advice/Answers please

[GregBu 1]

So, as of very early December we have our NOA1 (California Service Center). We're waiting on our NOA2 (grrr).

My wife graduates from Grad School in very late May. If she doesn't have her Visa by then, what are her options? Our plans had been for her to move down here once she had graduated.

[Sprailenes 47]

I guess your options are to wait?

I don't know what else to tell ya.

[GregBu 1]

I guess your options are to wait?

I don't know what else to tell ya.

Is she able to move here for any period of time, but not be eligible to work yet?

[Rhiannercakes 14]

No, she can't move down there without her visa. She can visit, but she'd have to go back to Canada for the interview.

[GregBu 1]

No, she can't move down there without her visa. She can visit, but she'd have to go back to Canada for the interview.

Keeping in mind that she'd need to go back to Montreal for her Interview...how long could she visit for without running into any trouble with the I-130 process?

[lgg 2]

^^^^

yepper...

I guess your options are to wait?

I don't know what else to tell ya.

[SunDrop 59]

So, as of very early December we have our NOA1 (California Service Center). We're waiting on our NOA2 (grrr).

My wife graduates from Grad School in very late May. If she doesn't have her Visa by then, what are her options? Our plans had been for her to move down here once she had graduated.

Please fill in your timeline and profile information. It helps us know more how to advise you and also contributes to the VJ database that tells a more realistic story for anyone going through the same process after you. Give some, get some if you see what I mean.

[SapphireDreams 71]

Keeping in mind that she'd need to go back to Montreal for her Interview...how long could she visit for without running into any trouble with the I-130 process?

She can visit for up to 6 months. But, keep in mind that this is up to the discretion of the border guard. She'll need to prove ties that she is just a visitor and not taking up residence... so she'll need to show proof of ties to Canada if asked, a job, a lease, things that show she has ties in Canada. The immigration receipts will help, but they will not guarantee he entry.

[beans 7]

the longest a person can stay is 6 months HOWEVER the time alloted for a stay is at the discretion of the border agent. she would have to show proof of ties to canada ie. return ticket, lease agreement/mortage information, letter from her employer, utility statements etc.etc. and even then they may only grant her a month or even less. my advice: suck it up and wait..it hurts and it can be lonely but its by far the best way to go about it. imho.

[TimandJoyce 1]

I know it's hard when you make plans and think it will all be together for that time. My husband and I hoped to be married in June, and it ended up in September. We first thought everything would be through fast! Boy..were we wrong!!

It will come through!! Hang in there!! She can come visit for sure, but as others said, lots of ties back to Canada, and it's up to CBP how long she could stay for. They do have the final say.

When going on this journey, we need to learn to be flexible....

[GregBu 1]

Please fill in your timeline and profile information. It helps us know more how to advise you and also contributes to the VJ database that tells a more realistic story for anyone going through the same process after you. Give some, get some if you see what I mean.

I think I filled that in correctly. Please tell me if I missed something.

[Hugglebuggles 60]

I don't want to frustrate you or make the situation even worse, but I'd just like to add that unless all hell freezes over she won't have her visa by May. Wait times for an interview in Montreal are 4-5 months right now. Hopefully they will improve by the time your case is complete with NVC, but you still have a lot of processing to go, then with the interview wait time added in, you're probably looking at your wife moving to the US in the Summer/Fall.

But the others are right, she can visit for 6 months if you are both smart about it and are prepared with substantial evidence she will return to Canda.

Edited January 19, 2010 by Hugglebuggles

[GregBu 1]

I don't want to frustrate you or make the situation even worse, but I'd just like to add that unless all hell freezes over she won't have her visa by May. Wait times for an interview in Montreal are 4-5 months right now. Hopefully they will improve by the time your case is complete with NVC, but you still have a lot of processing to go, then with the interview wait time added in, you're probably looking at your wife moving to the US in the Summer/Fall.

But the others are right, she can visit for 6 months if you are both smart about it and are prepared with substantial evidence she will return to Canda.

Yeah, I'm so silly...when the processing time for I-130s, according to the USCIS.gov website table, when I check timelines, said 5 months.

There was nothing to suggest otherwise, so I thought that if they acknowledged our filing in early December, then by the end of May we should be set.

*sighs*

Thank you all for the info and advice.

[lgg 2]

well, it looks like you're going for a CR1 visa according to your timeline!

It's a K1 fiancee right? that's your first change. Don't worry, it seems a little daunting and stuff now but you'll be fine and seriously? This site is amazing for support and information.

Just change your timeline to reflect your correct visa type and I think you're good...

best of luck to you, eh?

LGG

I think I filled that in correctly. Please tell me if I missed something.

[GregBu 1]

well, it looks like you're going for a CR1 visa according to your timeline!

It's a K1 fiancee right? that's your first change. Don't worry, it seems a little daunting and stuff now but you'll be fine and seriously? This site is amazing for support and information.

Just change your timeline to reflect your correct visa type and I think you're good...

best of luck to you, eh?

LGG

Hmm...we were married on August 20, 2009, do I still need to change something?