Waiting For Visa In The U.S.

[Chella17 0]

I filed for my IR-1 visa in January. I came to the U.S. in February for 6 weeks then went back to Canada. I was laid off from my job and my husband and I decided that it would be better for the 2 of us if I came to the U.S. so we could be together and wait for my visa to be processed rather than waiting in Canada. So in July I came to the U.S. and have been here ever since.

Due to some delays with paperwork my visa is still not approved and I have reached my 6 month limit for being in the U.S. I'm not sure what I should do. If I was to stay in the U.S. until my interview appointment is scheduled in Montreal will it affect me getting my visa? Should I be applying for a provisional waiver?

[ricnally 258]

you should go home.

[Udella&Wiz 325]

Your pushing it by basically living in the US ahead of having the VISA. It could certainly be miscontrued by someone when they don;t understand your situation.

[NigeriaorBust 4,087]

You need to go back home. Although no one wants to be separate there is no legal way to just stay while you wait. If you stay too long your process will get hung up in the need for a waiver for your overstay.

[gwenstar 66]

It is so frustrating how long the process is taking for the IR/CR-1. Sorry to hear about your situation....unfortunately you would need to go back to Canada in order to avoid an overstay/looking like this is an attempt at immigrating before getting the visa.

I know when we started this process we were SURE it would be much faster - hopefully your visa gets approved soon!

[Flames9_RN 358]

As you are very well aware...you can"t be living in the USA..simple as that, your time is up and be grateful that you got to spend that much time together during the process......I believe there is a waiver 1 ca file to extend your stay, but don't know how it works so I can't comment on it...but you must do some research about it ASAP as I believe it has to be filed before the 6 months is up.....