Re-Opening a Closed Case at Montreal

[Gordon M. 0]

Hi everyone, I had this site highly recommended to me by my sister, who has been helped a great deal by this community and speaks highly of it. Here's my situation.

Back in 2007, my wife and I began an application process for a IR-1/CR-1 Visa. She is an American citizen, along with our children, two of whom live in the US, and three of which are with us. I am Canadian, we married almost 20 years ago and have been living in Canada the entire time. When our first grandchild was born, we began the visa process, up to the personal interview in Montreal. At that point I was told that "they were in the business of uniting families" and that our contacts with the US were not strong enough to warrant giving me permission to work. Our application was declined. It was very discouraging, and we felt at the time it was a "sign." They did say that they would keep the file open, for a year, and for a second year upon my request, and that I would not have to re-interview, but we lost hope.

Now there are three grandchildren and a grandmother with Alzheimer's, and we are trying once again. Over the past three years, I have send the Montreal office an email occasionally, requesting the status of my file, updating my address, requesting they keep my file open, etc. I never received any replies. I sent a regular letter early this year, and got no reply. I sent a second letter by registered mail four weeks ago, and have had no reply. I also sent an email about two weeks ago, and today I did receive a reply. They told me my case had been closed and that I needed to fill out a new I-130 ($420).

Looking back on our experience after reading a bit on this site, I think that what the interviewer meant was that I had not provided sufficient evidence of our intent to move our "domicile" to the US. She was not very clear about this at all, and it seemed more like her personal decision than something we could actually do something about without moving first. We had no bank account there, no property, no mailing address, etc. Over the past two years I have recommended to my wife that we get these things in order, but she was not all that interested, and still has un-filed taxes for the past three years. But, now that we have three grand kids and a sick grandmother, the desire to be back home is a lot stronger, and she has moved down to prove we are serious.

So that is the context. I have a good job here, and can't really afford to give it up without having another to take its place. I need permission to work before I can begin applying for jobs in the US. After receiving the email today, I am full of questions (and frustrations). Does this mean I need to go through the entire process again, from scratch? What are we looking at for a timeline (we are apart, this is not fun!). Does it even help for my wife to stay there, or should we start over from Canada? Is Direct Consular Filing an option, since we are in Canada, not "overseas"? Can I/would it help, to apply for an SSN separately?

There are probably answers I don't even know enough to have questions about, at this point.

Thanks everyone, in advance.

Gordon

[milimelo 4,508]

You'll have to file a new I-130.

For DCF, that process is being changed in that from 8/15 one can file I-130 with the USCIS office in the country of residence. Canada doesn't have a USCIS office

Everyone else files to the Chicago Lockbox.

[canuckbos 10]

Hi everyone, I had this site highly recommended to me by my sister, who has been helped a great deal by this community and speaks highly of it. Here's my situation.

Back in 2007, my wife and I began an application process for a IR-1/CR-1 Visa. She is an American citizen, along with our children, two of whom live in the US, and three of which are with us. I am Canadian, we married almost 20 years ago and have been living in Canada the entire time. When our first grandchild was born, we began the visa process, up to the personal interview in Montreal. At that point I was told that "they were in the business of uniting families" and that our contacts with the US were not strong enough to warrant giving me permission to work. Our application was declined. It was very discouraging, and we felt at the time it was a "sign." They did say that they would keep the file open, for a year, and for a second year upon my request, and that I would not have to re-interview, but we lost hope.

Now there are three grandchildren and a grandmother with Alzheimer's, and we are trying once again. Over the past three years, I have send the Montreal office an email occasionally, requesting the status of my file, updating my address, requesting they keep my file open, etc. I never received any replies. I sent a regular letter early this year, and got no reply. I sent a second letter by registered mail four weeks ago, and have had no reply. I also sent an email about two weeks ago, and today I did receive a reply. They told me my case had been closed and that I needed to fill out a new I-130 ($420).

Looking back on our experience after reading a bit on this site, I think that what the interviewer meant was that I had not provided sufficient evidence of our intent to move our "domicile" to the US. She was not very clear about this at all, and it seemed more like her personal decision than something we could actually do something about without moving first. We had no bank account there, no property, no mailing address, etc. Over the past two years I have recommended to my wife that we get these things in order, but she was not all that interested, and still has un-filed taxes for the past three years. But, now that we have three grand kids and a sick grandmother, the desire to be back home is a lot stronger, and she has moved down to prove we are serious.

So that is the context. I have a good job here, and can't really afford to give it up without having another to take its place. I need permission to work before I can begin applying for jobs in the US. After receiving the email today, I am full of questions (and frustrations). Does this mean I need to go through the entire process again, from scratch? What are we looking at for a timeline (we are apart, this is not fun!). Does it even help for my wife to stay there, or should we start over from Canada? Is Direct Consular Filing an option, since we are in Canada, not "overseas"? Can I/would it help, to apply for an SSN separately?

There are probably answers I don't even know enough to have questions about, at this point.

Thanks everyone, in advance.

Gordon

Your timeline is 9-12 months if all goes well. There is signifigant information on this site for you to read. You need to go the the link which fits your situation on the Home page of this site and read and reread everything until you have it fairly clear, if there is something you cannot follow or understand ask a specific question and you will get answers.You cannot work or get a SSN until after you immigrate. So keep your job. You wife wants to return to the USA and is allowed to bring her family with her. You don't have to prove domicile as far as I understand it. Having children and parents in the USA should be strong enough ties, it sounds like you didn't convince the person at the consulate that you were very serious about it. You even admit your wife wasn't all that excited about it, you can't be that way, only the most serious of us make it, it is a long arduous uphill costly process. You either want it or you stay put. Good luck! If you want it you can achieve it....

[Gordon M. 0]

Your timeline is 9-12 months if all goes well. There is signifigant information on this site for you to read. You need to go the the link which fits your situation on the Home page of this site and read and reread everything until you have it fairly clear, if there is something you cannot follow or understand ask a specific question and you will get answers.You cannot work or get a SSN until after you immigrate. So keep your job. You wife wants to return to the USA and is allowed to bring her family with her. You don't have to prove domicile as far as I understand it. Having children and parents in the USA should be strong enough ties, it sounds like you didn't convince the person at the consulate that you were very serious about it. You even admit your wife wasn't all that excited about it, you can't be that way, only the most serious of us make it, it is a long arduous uphill costly process. You either want it or you stay put. Good luck! If you want it you can achieve it....

Thanks very much, and thanks for the encouragement. I was afraid 9-12 mths might be the case. If we had known that we could dispute the conclusions of the interviewer, we would probably have pushed harder, but you aren't left with the feeling their decision is temporary. You are right, it is a hard process and not one that makes you feel welcome. I think my wife was upset that they made it hard on her family to get in, though everyone except me is a citizen - I guess the real issue is allowing me to find a job, the move itself wouldn't be such a big risk if not for that.

Is Direct Consular Filing possible from Canada, which is not overseas? When I first interviewed, they said I wouldn't have to interview again. Would that be for that case only, or would that carry over to the next application?

Anyway, I will start investigating the resources here. Thanks for the feedback.

-Gordon

[Penguin_ie 5,995]

Because it's been more than a year, you will need to start from scratch including filling out forms, paying fees, waiting, medical and interview. DCF is possible (overseas in this case means "not in the USA", but only if your wife still lives in Canada, which doesn't seem to be the case

[Ryan H 3,815]

Is Direct Consular Filing possible from Canada,

Not as of August 15th. Canada does not have a USCIS field office. If there is no USCIS field office in a country as of August 15th, then the I-130 and accompanying paperwork will have to be sent to the Chicago lockbox.

[Gordon M. 0]

Not as of August 15th. Canada does not have a USCIS field office. If there is no USCIS field office in a country as of August 15th, then the I-130 and accompanying paperwork will have to be sent to the Chicago lockbox.

Thanks Everyone, the help is much appreciated. It looks like DCF is now over in Canada, the embassies have confirmed it for me. It is going to go through Chicago. That also means no way to shrink the timeline without moving to the US first, which I can't do because it would mean not having a job for months.

I will keep you all posted, with what happens.

Thanks,

Gordon