HELP!! passport requested but medical expired!

[tklove27 0]

Please help! I have few questions.. but first here is the rundown:

I am a U.S. Citizen and my husband is a Bangladeshi citizen living in Toronto for work. We applied for the CR-1 in May 2011 after we were married in February 2011. Thank God after the initial application, he was finally given Visa interview in Montreal in April 2012. Unfortunately, after the interview our case went into "Administrative Processing" and we had no movement or change in status for the past 5 and 1/2 months til just two weeks ago!

We were so excited two weeks ago when Montreal US Consulate requested my husband's passport! But now we are still waiting and have still not received back the passport or received any news whether Visa is approved.

Of course Montreal US consulate is not taking any live phone calls which is soo frustrating. We have already emailed them for update and now still waiting for reply.

I went ahead and contact NVC Dept of State to inwuire about status, they said that US Consulate in Montreal did just receive my dear husband's passport 2days ago but no note on whether visa has been issued She could not tell me how long it would take to get passport back either.

Our biggest issue about all this, is that due to the infamous "Administrative Processing" we have lpst so much time since hubby's interview in April and his medical was also in April! He was told his medical is only valid 6 months, which would be just passed today or yesterday!

So our question now:

1) If US consulate asked passport but now by the time they requested and received it (hubby sent passport the day after receiving the request) the medical has expired, will the deny the visa? Or will the hold passport until new medical is done? Or will they approve Visa since medical was valid until recently, and just request new medical before POE?

Anyone with any experience or knowledge.on this please? We really appreciate all input!

2) another snag in our situation: My hubby's work permit status in Canada has expired and he had take the steps to apply for P.R. (permanent resident) status in Canada so he wouldnt be sent back to Bangladesh and could continue to live and work in Canada while waiting for U.S. Visa.

So with all the oddest of timings, just 2 days ago, Canadian Immigration has just also requested hubby's passport within 60 days, so they.may grant him P.R. status! But now that passport is with US consulate with just expired medical and no word on whether Visa granted, we are stuck in a tough situation! If US embassy doesnt approve the US CR1 visa, AND takes long to send back passport, hubby will miss the now 57 days left to get it to Canadian Immigration- he will then be forced to leave Canada, and will not be permitted to join me in Florida This would be the worst scenario.

Any advise? Hubby was wondering if we should just request his passport back from US consulate if we dont hear anything from them in the next week, and then just send passport to Canadian immigration, so at least he gets status in Canada. I was worried if 1)this will look very suspicious to US immigration as to his intent to join me in U.S. and 2) if he obtains P.R. status in Canada will that be grounds to refuse a U.S. CR 1 Visa?

Please reply if you have any insight/suggestions. As to our intent, we want to be together here in the U.S, but until that is approved, would like hubby to be able to stay close in Canada to legally live and work!

Sorry for the long query! It's a complicated story, as im sure many of yours are!

Love all the good advise you can give!!

-thanks

tklove27

[hellraiser 42]

1. Won't be denied but will ask for new medical reports meaning more time.

2.1. You may drop uour application at anytime. How that will be perceived, only god knows. There isn't any certain answer there however the intention can be always explained. It looks pretty logical to me. But then again situations varies in time to time basis.

2.2. Him having PR in Canada has no bearing on the US immigration process.

I hope someone can give a better answer with some assurance and/or share experience and not some guess like mine.