Asylum case in Canada / IR1/CR1 in US

[kkg325 6]

Hey everybody,

My partner is from an African country, and she emigrated to Canada in 2012 for political asylum. Her case in Canada has been backlogged for over 2 years, and the Canadian government has no timeline for when it will be completed. In the meantime, I moved to Canada and we lived together for 2 years, and we got married Now I have moved back to the United States, and we are applying for IR1/CR1 so we can live together here in the United States. We filed I-130, and received NOA-1.

I have a few concerns:

1. Does USICS communicate with Canadian immigration? Will USICS receive all the details of her case in Canada?

2. Will her asylum case be a red flag for them? How should we prepare for this for the interview?

3. Will her interview take place in Canada (she is not a permanent resident), or in her home country?

4. What happens if she ends up having to go back to her home country before our IR1/CR1 process is complete?

What do you guys think? Anybody have experience with a case like this?

[dwheels76 5,468]

Hey everybody,

My partner is from an African country, and she emigrated to Canada in 2012 for political asylum. Her case in Canada has been backlogged for over 2 years, and the Canadian government has no timeline for when it will be completed. In the meantime, I moved to Canada and we lived together for 2 years, and we got married Now I have moved back to the United States, and we are applying for IR1/CR1 so we can live together here in the United States. We filed I-130, and received NOA-1.

I have a few concerns:

1. Does USICS communicate with Canadian immigration? Will USICS receive all the details of her case in Canada?

2. Will her asylum case be a red flag for them? How should we prepare for this for the interview?

3. Will her interview take place in Canada (she is not a permanent resident), or in her home country?

4. What happens if she ends up having to go back to her home country before our IR1/CR1 process is complete?

What do you guys think? Anybody have experience with a case like this?

If she isn't a resident of Canada yes she would have to interview back in her country.

[LGBT VENUSA 7]

As long as she is living legally in Canada, you can proceed with the case there. She doesn't have to be permanent resident. But if her Canadian case comes back negatively and she has to return to her home country before the final outcome for US immigration, then she will need to continue the process there. She will need to advise USICS or NVC of change of address.

Good luck

[Ryan H 3,812]

I have a few concerns:

1. Does USICS communicate with Canadian immigration? Will USICS receive all the details of her case in Canada?

2. Will her asylum case be a red flag for them? How should we prepare for this for the interview?

3. Will her interview take place in Canada (she is not a permanent resident), or in her home country?

4. What happens if she ends up having to go back to her home country before our IR1/CR1 process is complete?

What do you guys think? Anybody have experience with a case like this?

Answers:

1. Most likely no
2. No
3. her home country
4. It doesn't affect the US Immigration process

[kkg325 6]

Hi all, I just wanted to update this thread in case anybody has a similar problem in the future. We got our visa in hand today, without a hitch. The NVC did send us a checklist for for proof of her legal residence in Canada. The week before her interview, the US Embassy in Montreal called her to ask what her status was in Canada, and what the status of her case was. In the interview, nothing about her refugee status, or her pending asylum case came up. It was a run of the mill interview, and it took place in Montreal. So it looks like, as long as you're living in the country legally, that's all they care about.

[kewelog 0]

Hi all, I just wanted to update this thread in case anybody has a similar problem in the future. We got our visa in hand today, without a hitch. The NVC did send us a checklist for for proof of her legal residence in Canada. The week before her interview, the US Embassy in Montreal called her to ask what her status was in Canada, and what the status of her case was. In the interview, nothing about her refugee status, or her pending asylum case came up. It was a run of the mill interview, and it took place in Montreal. So it looks like, as long as you're living in the country legally, that's all they care about.

Hi KKG325,

Could you please let me know what document she gave as a proof of legal residency for Canada ? I am on a work permit in Canada and immigrating to the US (my wife is American) and the NVC is asking me for a proof of legal residency.

Thanks.

Olivier

[kkg325 6]

Hi KKG325,

Could you please let me know what document she gave as a proof of legal residency for Canada ? I am on a work permit in Canada and immigrating to the US (my wife is American) and the NVC is asking me for a proof of legal residency.

Thanks.

Olivier

Hi kewelog, we sent NVC her refugee ID document and her current work permit. Both were valid for 2+ years. When she went for the interview, we got a letter from her lawyer explaining her status and her legal residence in Canada. I don't think they asked for it though.