Canada to U.S. immigration, slowed down at NVC (background check) - advice?

[Scylla 0]

Hi, I've been away from the forums for a time.

I would like to hear from people who had experience sponsoring a Canadian to immigrate to the U.S.

My husband Jon is Canadian and I am the petitioner (U.S. citizen). We chose the I-130 => IR-1/CR-1 process. We've also been married for 7 years (most of those years, I lived in Canada). He has remained in Canada during the immigration process; we opted for this path so he can get his permanent residency upon entry.

I sent the I-130 petition for him in early March 2011. Got it approved in June, got all fees paid off by late July 2011. After that though, things have been incredibly slow. The last thing that is holding my husband back from an interview date is his background check.

The directions we were given said that he can get a background check done by local police. My hubby did so--actually physically brought the directions from the NVC into the local station (he lives in Matane, Quebec), and had them put together the documents that had the information NVC requested. There was a wait period of several weeks in fact, as investigations were done. Finally the check went through, and he sent that in along with all other requested documentation, including the Affidavit of Support I'd finished and mailed to him in September.

We got a notice (2 days before Christmas 2011, at that) that the background check document was not included, even though it certainly was. Phone call to NVC indicated that the document was likely rejected cause it is not in a format they are accustomed to. Matane is a small city. They said that the background check document needs to be verified, that they need to call the station, make sure it is admissable, etc. In the meantime they advised my husband to obtain a document from the RCMP in Montreal. Fortunately, he came to the city to see me off at the international airport, as I went to visit him over holidays. (Keep in mind, he is currently not employed, as he is expecting to be crossing over very soon, so he has little money to make regular trips to a major city like Montreal. It is 6 hours bus ride away from his current hometown.)

Anyway, he got the RCMP document the same day he saw me off at the airport and sent it in the mail. That was January 4, 2012. We are now waiting to see if:

1) the original background check document he got from the local police in Matane will pass, or

2) the RCMP document will get to the NVC and pass.

We were assured that sending the new document won't tangle things further, but that the RCMP (being federal) will supersede the local document.

Nonetheless, I am concerned about us getting stuck hanging at this stage of the process. Have I done something wrong, or is there anything I can do to improve our chances of getting the interview date soon? What do you recommend I do, VJ? We are over 10 months now and I know that this is above average for a Canada to U.S. immigration process.

[CDN2US 10]

I'm a little confused. Did you actually receive an RFE for the police certificate? I mean, did they specifically ask that you submit it?

I don't think there's anything you can do but submit the documents they've requested and then just wait.

[Scylla 0]

I'm a little confused. Did you actually receive an RFE for the police certificate? I mean, did they specifically ask that you submit it?

I don't think there's anything you can do but submit the documents they've requested and then just wait.

Thank you for your reply. Sorry for the confusion. It's a little bit confusing for me too so I probably can't explain it too well.

As I understand it, the NVC did not send an RFE. The email they sent was as if my husband had not sent a background check document at all. Only when we called was it clarified that yes, NVC received his local police background check document, but it was of an unfamiliar format. The person who assisted us (who of course was not the one who did the decision making on our file) conjectured that the reviewer decided to assume the background check was missing and requested it be sent. Either the reviewer did not recognize what my husband sent as a background check, or thought it'd be quicker to just request the same information again than try to verify the local police document.

Waiting is what we've resigned to do for now. I'm just making sure I haven't completely bungled something at this point. We have followed all the directions we've gotten, as disheartening it can be to see delay after delay. My parents were immigrants, too, and I finally know what it can be like!

Oh one thing I thought about. We were given direction to send the background check in the original language it was issued (and this is Quebec, so language is French). So the original background check document hubby sent was in French. Is that the right thing to do?

[Scylla 0]

Oops, I realized this post should be in the NVC forum... can a moderator move it for me please?

[CDN2US 10]

My husband is also from Quebec, and his French documents have been acceptable, so I don't think it's a language thing that you're up against. To quote someone I trust from this board, "...most, if not all, consulates/embassies take in documents in both English and the official language of the country. Being that French is one of the official languages, it shouldn't be a problem."

So now NVC has both the local PC and the RCMP certificates? I guess you'll just have to wait, but I wouldn't advise you to beat yourself up over "bungling" anything. Perhaps calling NVC daily to see if any RFEs have been issued/make sure they have everything would be advisable.

Our turnaround from submitting DS-230 & its documents to acceptance was very fast, so if NVC has what they need from you, they'll be turning over to the consulate very soon. Sooner the better, because you may still be on track to get a February interview if you're lucky.

[Laure&Colin 560]

The department of state says the following about police records from Canada:

" (Note: Because records checks based on name and date of birth only are sometimes less thorough than those based on fingerprints, U.S. diplomatic offices reserve the right to request that certain applicants obtain fingerprint-based searches from the RCMP.)"

Maybe that's what happened to your husband?

I'd call NVC daily to get an update about the case.

[Darnell 8,479]

the RCMP document will get to the NVC and pass .. January 4 mail date

Unca Darnell say wait another 14 days, then call into NVC.

It's not only gotta cross the border

but it's gotta get into the NVC mailroom

then get sorted

then get put in to the casefile

then get another eyeball review.

This is gonna take some time, as there's queues on each step once it hits the NVC mailroom.