i-130 process leading to IR-5 and GC

[toyboxgang 1]

I'm sure that this probably appears somewhere on this site, but I have a specific set of questions that I am curious as to what the answers are.

I am a Canadian citizen with a American born son who lives full time in the US. He is now 21 and is willing to start the i-130 paperwork to establish the link between himself and his Mom and I (natural parents). My questions are once the i-130 is approved (I don't forsee any issues), what is the time frame to commence the next step i-485 paperwork? I am currently employed fulltime, but am eligible to retire in 3.5 years. Our long term goal is to move to the US and continue to work in my current field of expertice.

My concern is that I may be applying too soon, unless what I have read is correct in that once the i-130 is approved I can extend it every 6-9 months. Is this correct??

Also, once the i-130 is approved does it change my status as far as crossing the Can/US border? I am a valid holder of a NEXUS pass, and I want to make certain that I don't jepardize that by not informing them of any changes to my approved level, and priviledges.

What is the approximate time line of a i-130 application for a US Citizen sponsoring his parents??

Thanks in advance for the help and answers, I'm sure that there will be more to follow.

[Penguin_ie 5,993]

You won;t be using the I-485, that is for people who are already inside the USA. The process for parents of a US citizen takes about a year from first filing to visa issuance, and then you have 6 months to use the visa. You cannot extend the visa generally, but you can slow things down if the process is going too fast. That being said, since you do not want to move for 3.5 years, I would recommend applying in about 2 years, not before.

The process and what forms need to be filed when is detailed here: http://www.visajourney.com/content/immigration-parents-overview

You can still visit as a Canadian during the process.

[toyboxgang 1]

Thanks for the quick reply.

I guess my follow up question would be what are the ramifications of receiving my visa, but not utilizing it by remaining to live in Canada for a addition period of time? I would prefer to have all my visas in hand sooner rather than later so if I had a option to retire early I can move quickly on my relocation plans.

I've read that the holder of the green card must remain in the US more than 180 days/year. Is this true? I live on the Canada side of the border (6 blocks north), and could if needed relocate to Washington state and commute north for work if allowed. Is this a option?

Thanks again.

[Darnell 8,478]

you have 6 months, roughly, from time of visa issuance to activation at a POE.

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I'll suggest something else. One of the cool things about chasing a visa, is that you and the petitioner have to to NVC Doc Intake. NVC gives you 1 year per thing, and there are 2 things to get in to NVC.

So, if the son hasn't filed yet, bear in mind that this stuff isn't instant.

I-130 approval for a parent might take 5 to 11 months.

case transfer might take 2 weeks to 9 weeks

NVC Doc Intake you can slow down, take 2 years to get it done.

After the doc intake is complete at NVC, it's still another month to two months to set the interview appointment, and the interview is set for yet another 30 days out (so there's 2 to 3 more months until the interview)

and finally, after interview, you have almost 6 months to cross the border.

Would that help you, to review stuff in a timeline/calendar fashion ?

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alternative answer - big deal, it's canada/usa border crossing. you can go fast everywhere, get the visa 12 to 13 months from filing the I-130, and cross the border on a friday, go back to Canada on a Sunday. This activates the visa, and starts the Permanent Residency bits. If you cross over every 3 months, for a weeks trip, you'll be ok, mostly. I don't recommend this path, but it's certainly available to you.

[toyboxgang 1]

Thanks Darnell.

Where are the NVC locations? I was under the impression that I could go to the US Consulate in Vancouver for the interview.

Using your timeline, this certainly falls within my plans.

[Darnell 8,478]

all IR-5 interviews are held in montreal.

Cliff Note's Version:

1. Petitioner files I-130 to USCIS Lockbox address.

2. USCIS approves the petition, forwards the casefile to the National Visa Center.

3. NVC does doc intake for the visa application.

4. When finished with Doc Intake, NVC sets the appointment for Montreal, from a slate of dates given to NVC by Montreal IV.

5. You go get a medical exam

6. You go to the interview in Montreal.

7. Visa with visa packet arrives at your listed address, delivered via LOOMIS.

Apologies, Vancouver won't get involved, even to suggest the right poutine palaces in Montreal.

[toyboxgang 1]

Another question.

I was speaking with a family member who was Canadian born and married a US Citizen (born and raised) she said that when she was interviewed that her husband had to prove his residency for a period of time from elementary to high school.

My son was born in Washington state, and lived in Canada until he was 18 when he moved to the US where he has lived for the last 3 years. Is this going to be a issue for his Mom and I?