Canadians who've made it through the PR process - tell me how it went!

[cpeppers 0]

Hi guys,

 

I just filed my application and am very nervous now that I'm just sitting waiting!! To give context: My husband is a US citizen, however we met in Canada while he was studying and on a post-grad VISA. Last September, the company he works for was acquired by a San Francisco based company and he was required to move out here. I came to visit, he proposed and we ended up getting married here in November. 

 

I filed all together:

• I-130
• I-485
• I-765
• I-131
• I-864

 

Wondering what the processing times were like for those of you who've completed the process? I'm especially anxious about my i-765 as I'm so used to working and feeling so antsy not being able to!! 

 

Any insight would be so appreciated!! 

[zilchfox 296]

Well should everything go smoothly you'll be able to find work immediately since you're pretty much going to have a green card upon entry if I'm not mistaken, but I came from a K-1 visa so I'm not 100% familiar with the CR-1/IR-1 visa process.

[cpeppers 0]

I applied from within the states, actually, so I'm currently here w/o permission to work. Wondering if anyone here has done the same?

[Transborderwife 4,666]

I had the benefit of being a new parent at the time, so it was basically the gift of being stay at home.  I do recommend finding somewhere to volunteer.

[cpeppers 0]

2 minutes ago, Transborderwife said:

I had the benefit of being a new parent at the time, so it was basically the gift of being stay at home.  I do recommend finding somewhere to volunteer.

That's a great idea, I do have some things lined up to keep me busy! How long did the process take for you?

[NikLR 13,227]

While you want info from fellow Canadians you probably would get a better idea of processing times etc, if I move your thread to the AOS family based progress reports forum. 

[journadian 13]

I did the cr1 route too took us a year to finish the process.  I'm not sure what the timelines are for ir1.

do you know the timelines page? http://www.visajourney.com/timeline/k1list.php?cfl=&op3=5&op5=&op6=All you can see other filers progress.

 

highly recommend the above commentor with checking out the aos sub forums as many people may have filed the same time as you and or lockbox center.

 

good luck

Edited January 23, 2017 by journadian

[AstroCanada 206]

On January 18, 2017 at 1:47 PM, cpeppers said:

Hi guys,

 

I just filed my application and am very nervous now that I'm just sitting waiting!! To give context: My husband is a US citizen, however we met in Canada while he was studying and on a post-grad VISA. Last September, the company he works for was acquired by a San Francisco based company and he was required to move out here. I came to visit, he proposed and we ended up getting married here in November. 

 

I filed all together:

• I-130
• I-485
• I-765
• I-131
• I-864

 

Wondering what the processing times were like for those of you who've completed the process? I'm especially anxious about my i-765 as I'm so used to working and feeling so antsy not being able to!! 

 

Any insight would be so appreciated!! 

Not to be the first one to point this out, but you might have a slightly more complicated situation than you think.  It appears that you entered the US as a tourist and then got married and chose to adjust status.  If you intended to get married when you entered the US, you're in a complicated situation.  If there was no intent (as you describe) then you're in a grey area where you'll probably be alright.  How long after entering the US did you get married?  I've seen documentation that less than 30 days is treated as a presumption of fraud.  

[Transborderwife 4,666]

1 minute ago, AstroCanada said:

Not to be the first one to point this out, but you might have a slightly more complicated situation than you think.  It appears that you entered the US as a tourist and then got married and chose to adjust status.  If you intended to get married when you entered the US, you're in a complicated situation.  If there was no intent (as you describe) then you're in a grey area where you'll probably be alright.  How long after entering the US did you get married?  I've seen documentation that less than 30 days is treated as a presumption of fraud.  

No, OP does not need to worry about this.  Intent isn't enough to deny aos.  Please don't scare monger

[cpeppers 0]

Thanks Transborderwife. Like I said in my original post, I entered the US with the intention to visit, however was spontaneously proposed to and then had to readjust! I was also here for several months before we were married. We've spoken to a lawyer to make sure that we're doing everything correctly.

 

NikLR Would you be able to move this to your suggested board? Would love some more responses!

 

[AstroCanada 206]

3 minutes ago, Transborderwife said:

No, OP does not need to worry about this.  Intent isn't enough to deny aos.  Please don't scare monger

I'm not an immigration lawyer, but most immigration law sites seem to disagree with your statement:

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-5.html

[Transborderwife 4,666]

2 minutes ago, AstroCanada said:

I'm not an immigration lawyer, but most immigration law sites seem to disagree with your statement:

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-5.html

Neither am I, but the law is on OP's side as a matter of Casavos and Batista https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/14/3036.pdf

 

the 30/60/90 rule comes up about once a week or so on VJ.  It is not nor has it been a uscis rule or policy.  The 'rule' is a fallacy.  Intent is established upon entrance.  The above is a legal document, not a random immigration lawyers advice which is often wrong (many suggest entering with intent so it's not unheard of)

 

just search it here on vj

 

if you insist on an opinion from an immigration lawyer where you go:

 

What About the 30/60 Day Rule?

The famous “30/60 day rule” can be found in 9 FAM 40.63 N4.7. In a nutshell, the rule states that in the event that a B-2 visitor informs an immigration officer that his or her visit is for tourism, and the visitor violates this status by doing something contrary to B-2 conditions (eg. get married and take up permanent residence), there will be a presumption of fraudulent misrepresentation if the violation happened within 30 days of admission, or there will be rebuttable presumption that if the violation happened within 60 days of admission.

It is important to note, however, that the “30/60 day rule” is not a substantive rule. It is merely a procedural rule as to when and how a consular determination of inadmissibility under 212(a)(6)(C) is to be reviewed by the Advisory Opinion Office in Washington DC (which no longer happens). Previously (several years ago) all 212(a)(6)(C) determinations had to be sent to the Administrative Office.

So today, the 30/60 day rule is meaningless in the adjustment of status context. However, USCIS still misapplies the 30/60 day rule, while immigration attorneys over rely on it. CIS uses it inappropriately as a sword on a bright line test, while attorneys misuse it as shield thinking they are always safe after 60 days.

http://www.peerallylaw.com/en/content/view/562

[HoosierEh 21]

And for anyone else reading this thread it is terribly important to read the whole page from the link and realize that what Transborderwife wrote is NOT law but an immigration legal firm's interpretation of the law, and is not finite or in anyway applies to any and all adjustments (read list of states covered by 9th circuit). The most telling information is this:

 

"However, USCIS still misapplies the 30/60 day rule, while immigration attorneys over rely on it. CIS uses it inappropriately as a sword on a bright line test, while attorneys misuse it as shield thinking they are always safe after 60 days"

 

So a USCIS officer could give you trouble if the officer chooses to apply it.

 A lawyer is at liberty to use the findings to argue a ruling, if you hire that lawyer.

 

No too clear on where this would leave a person wanting to do all this on their own. The person posting this thread has a lawyer so clearly they have consulted them but for an individual reading this thread for advice or ideas on making immigration decisions for yourself always always read more than just one lawyers page on the internet; this rule might not apply to your circumstance.

 

 

 

 

[Transborderwife 4,666]

4 minutes ago, HoosierEh said:

And for anyone else reading this thread it is terribly important to read the whole page from the link and realize that what Transborderwife wrote is NOT law but an immigration legal firm's interpretation of the law, and is not finite or in anyway applies to any and all adjustments (read list of states covered by 9th circuit). The most telling information is this:

 

"However, USCIS still misapplies the 30/60 day rule, while immigration attorneys over rely on it. CIS uses it inappropriately as a sword on a bright line test, while attorneys misuse it as shield thinking they are always safe after 60 days"

 

So a USCIS officer could give you trouble if the officer chooses to apply it.

 A lawyer is at liberty to use the findings to argue a ruling, if you hire that lawyer.

 

No too clear on where this would leave a person wanting to do all this on their own. The person posting this thread has a lawyer so clearly they have consulted them but for an individual reading this thread for advice or ideas on making immigration decisions for yourself always always read more than just one lawyers page on the internet; this rule might not apply to your circumstance.

 

 

 

 

And if misapplied, one can appeal on a b2 visa for denying inappropriately.  Again the scare mongering needs to stop 

[NikLR 13,227]

On 1/24/2017 at 0:20 PM, cpeppers said:

Thanks Transborderwife. Like I said in my original post, I entered the US with the intention to visit, however was spontaneously proposed to and then had to readjust! I was also here for several months before we were married. We've spoken to a lawyer to make sure that we're doing everything correctly.

 

NikLR Would you be able to move this to your suggested board? Would love some more responses!

 

Yes I can.

 

~~moved to AOS from work, tourist, and student visa progress reports from Canada regional forum as per OP request.~~