How long do I have to respond to RFE from interview?

[CarolinaGirl 2]

My husbands IR1 interview was May 9th in montreal. We were given an rfe based on domicile. We had a signed lease agreement, cell phone bills, proof that we bought a trailer for the move etc, but they wanted more(of course). We have a 1 year old and because I do not work outside of the home, they requested that my husband resign his job here in canada and show proof that he is applying for work in the US. Obviously this is difficult for us to do since his is our only income and we don't want to quit a perfectly good job and wait an indefinite amount of time for a visa to be issued and then move, so we have been trying to find a for sure job opportunity for him before we take this next drastic step.

I have a few questions I suppose

Has anyone had this happen where the non-USC was requested to quit their job before a visa would be issued?

Do you think the letter of resignation can be effective a month(or even 2 later) or does it have to be a typical 2 week notice? Does it need to be signed by his boss? How will they verify that it is legitimate?

How long do you think we have to respond to this before we start back at square one?

It seems crazy to me that we have to do all this work to prove that we won't be a financial burden, but then quit a really good job before we can actually move. They said that they wanted proof that we would actually move once issued the visa, but isn't the thousands of dollars that we've spent on this process proof enough? We would love to be moved by the end of the year, but it's hard to know what the best course of action is. Thanks in advance!

[Hugglebuggles 60]

I've never heard of this happening before. It sounds ridiculous to me! I can understand why you wouldn't want to submit a resignation before knowing exactly when the move will take place. Especially with the pace Montreal moves... you could send in all the requested documents today, and it may still take Montreal 2 or more months to process the paperwork and issue your visa. Things can get stuck in their mail room for a very long time. If I were you I would submit his resignation at least 3 months into the future if you chose to go that route. I would definitely have the boss sign and use the company letterhead as well.

Just a thought but have you considered seeking employment opportunities in the US as well? I understand you stay home with the baby, and I totally respect that. But, if you can prove pending employment that should work just as well. And there's nothing saying you can't change your mind after you move, right? Its two chances at securing a job versus one.

[CarolinaGirl 2]

I actually asked at the interview about that and she said that it was not needed. I have been working for Starbucks just a couple of nights a week and asked about showing proof of a pending store transfer, but the interviewing person said that they weren't interested in that. At this point it seems like it would be easier for me to just move without my husband and prove that, but they said that they don't want any proof from me, only him.

[GitmeOuttaHere 0]

OMG I thought we were the only ones that got rfe'd in MTL...You have prob seen my post on how we got a 221G on domicile as well.

We got denied back in June based on Domicile and have now sent in everything for them to review (including our passports)

so hopefully they will be fast to review ours. And hopefully it is enough.

The only thing I know for sure is that you have 1 year to send in the info requested or else you will have to reapply.

Good Luck

I would be willing to bet (and I am not trying to be prejudiced) that it was a young black women who did your interview??

She is tough!!!

[CarolinaGirl 2]

Yes it totally was the young black woman. I honestly thought that bringing our baby with us would help our case. I'm seriously considering just sending in some other things (a job offer for myself in the USA and proof that I quit my own job here in Canada, along with proof that my husband is seeking employment in the US) and seeing if they will approve it based on that. Then if they did approve it they could request his passport and we'd know for sure that things were good. It can't hurt right??

[Flames9_RN 358]

If it was me in ur shoes....I would be contacting the congressperson(or some govt official) of the State your going back to and see what they could do!! Squeaky wheel gets the grease

[Kimbear 53]

This is soo true Flames. You can word it in a such a way that it almost says you will vote for them too lol. I think on my last request i put somethign to the effect of " new voters / constituents in your area" or somethign like that. Each time we've had to get help in our immigration process from the first part, to the AOS part we got stellar results. It is an election year, and while i cant vote my husband sure can! hint hint

And its so easy to get help from them, you just print out the authoirzation form sign it etc and fax it back to them. Each time i did this, i got help within a week, and sometimes the results i wanted witing 2. These people want your votes..trust me they will work hard for them, and usually have staff members who deal specifically with USCIS etc.

If it was me in ur shoes....I would be contacting the congressperson(or some govt official) of the State your going back to and see what they could do!! Squeaky wheel gets the grease

Edited July 29, 2012 by Kimbear

[CarolinaGirl 2]

Alright I'm on it. Do I tell them that Montreal is requesting things that don't make sense and hope that they might approve it based on that?

[Flames9_RN 358]

I'd make sure I told them about all the very good evidence you provided to Mtl that you were moving back to the USA and that Mtl disregarded it. Make sure the USA citizen sends it, or written like it is,lol

[GitmeOuttaHere 0]

My petitioner just filled out the privacy release form and typed up a well worded personalized letter in regard to our case and we are currently faxing it to the Senator that handles her state. His website is fantastic and has all the procedures easily outlined on how to get his assistance. Sounds like this is a routine thing for his office to handle according to his website.

It puts us at ease a little bit, but we will be more at ease once we get those passports back with a visa in them

[Flames9_RN 358]

My petitioner just filled out the privacy release form and typed up a well worded personalized letter in regard to our case and we are currently faxing it to the Senator that handles her state. His website is fantastic and has all the procedures easily outlined on how to get his assistance. Sounds like this is a routine thing for his office to handle according to his website.

It puts us at ease a little bit, but we will be more at ease once we get those passports back with a visa in them

Best of luck!!

[CarolinaGirl 2]

Thanks everyone! I printed out the form and I'll fill it out tonight and fax it in tomorrow. I am the US citizen, and I actually did vote for the congressman that I'm contacting so I don't even have to fake that part

[Kimbear 53]

Thanks everyone! I printed out the form and I'll fill it out tonight and fax it in tomorrow. I am the US citizen, and I actually did vote for the congressman that I'm contacting so I don't even have to fake that part

good luck. fyi you may receive a bunch of spam mail now lol. Just found out from hubby that since we got help he gets spammed with emails, tea party emails and a whole bunch of other emails! lol