IR-1 Visa Denial - Supporting Documents Requested Question

[stouty 0]

Hi, I'm hoping for some opinions here. We have received a consultation from an immigration lawyer, called a general immigration questions hotline, and have received the answer of, "We can't say for sure, but it sounds like you'd be fine". So we thought we would consult the best in the game: VJ.

 

Here's our situation. I'm Canadian, My husband is American. We applied for our IR-1. My husband got a job in Canada on a Religious Worker visa that way we could be together while our visa processed. Everything went well, we had our interview. We were denied because he didn't have enough proof of U.S. domicile. So he's moved to the US, got a job, taken the necessary steps to establish domicile. I, and our son, are on a visitors visa in the US (we were granted the full 6 months). And now we are at a crossroads. Obviously, I'd like to stay and be with my husband during this process, but our denial instructions letter says I have to send in the supporting documents and my passport in via Canada Post.

 

Because I have a 6 month visitor visa (valid until late November), we had the idea of mailing my passport and supporting documents to a family member in Canada, having them mail it to the embassy, and then when it is sent back to them, authorising them to retrieve it from the Post Office for us, send it back to the U.S., and then I will leave and re-enter the country on my IR-1 Visa.

 

From our understanding, it is all legal because I am lawfully in the country on a visitor visa (we were honest and upfront with CBP so we did not misrepresent ourselves in anyway). The thing that we keep having second thoughts about is that it seems like the instructions of the letter we received are implying that I have to be in Canada during the process, since it says the documents have to be mailed through Canada Post. However, it does not ever explicit say that on the letter, or anywhere else we can find on the web. Any and all opinions would be greatly appreciated!

[DrEllaNJ 288]

won't you have to go to the embassy in Canada for an interview and medical?

[stouty 0]

We've already done our interview and medical. They want additional documents post interview - and said we won't be required to return for an additional one.

[SabRob 154]

So basically you are in administrative processing and they just asked for your passport? It could be quite problematic because they might request a new medical depending on when the administrative processing ends. (medical exams are only valid for about 6 months if I recall correctly)

 

Or did your letter say that your visa was approved and they just needed your passport to print it in?

 

The problem is...how are you going to get back home without a passport if they request a new medical/interview or if they simply don't return your passport in a timely fashion, I heard about embassies holding onto passports for months at a time..even up to 7 months. Hopefully this will not be your case. 

[Ebunoluwa 6,136]

Email the embassy and ask them.

[canadian_wife 1,826]

So to be clear.  You want to send your passport via post to the Montreal Consulate.  You want them to issue your visa.  Send the passport via post to a family member who will then send the passport and visa to you in the U.S.  

 

Thus - you will have a Canadian passport with an immigrant visa in the United States without actually having used the visa to enter the United States.

 

I think you are unnecessarily creating headaches for yourself.  

 

Contacting the consulate is a good idea, only Montreal is notorious for not responding.  I am sorry that you were not issued a visa but Montreal is very strict on domicile.  Try posting this question in the Canadian forum and you may receive more solid answers.

 

Good luck

[Ulrica&Jesse 39]

23 hours ago, stouty said:

Hi, I'm hoping for some opinions here. We have received a consultation from an immigration lawyer, called a general immigration questions hotline, and have received the answer of, "We can't say for sure, but it sounds like you'd be fine". So we thought we would consult the best in the game: VJ.

 

Here's our situation. I'm Canadian, My husband is American. We applied for our IR-1. My husband got a job in Canada on a Religious Worker visa that way we could be together while our visa processed. Everything went well, we had our interview. We were denied because he didn't have enough proof of U.S. domicile. So he's moved to the US, got a job, taken the necessary steps to establish domicile. I, and our son, are on a visitors visa in the US (we were granted the full 6 months). And now we are at a crossroads. Obviously, I'd like to stay and be with my husband during this process, but our denial instructions letter says I have to send in the supporting documents and my passport in via Canada Post.

 

Because I have a 6 month visitor visa (valid until late November), we had the idea of mailing my passport and supporting documents to a family member in Canada, having them mail it to the embassy, and then when it is sent back to them, authorising them to retrieve it from the Post Office for us, send it back to the U.S., and then I will leave and re-enter the country on my IR-1 Visa.

 

From our understanding, it is all legal because I am lawfully in the country on a visitor visa (we were honest and upfront with CBP so we did not misrepresent ourselves in anyway). The thing that we keep having second thoughts about is that it seems like the instructions of the letter we received are implying that I have to be in Canada during the process, since it says the documents have to be mailed through Canada Post. However, it does not ever explicit say that on the letter, or anywhere else we can find on the web. Any and all opinions would be greatly appreciated!

Just curious, could you please specify what proof of domicile did your husband submit originally? I'm asking because we have kind of similar situation, where my husband lives with me in my country and we are a little worried that I will get denied due to lack of domicile, although he did still submit number of documents prooving his ties to the States like bank account, creadit card, driver's license etc. And also, did you have a joint sponsor? or was your husband the only sponsor? 

 

Thank you.

Edited June 17, 2017 by Ulrica&Jesse

[NikLR 13,231]

14 hours ago, Ulrica&Jesse said:

Just curious, could you please specify what proof of domicile did your husband submit originally? I'm asking because we have kind of similar situation, where my husband lives with me in my country and we are a little worried that I will get denied due to lack of domicile, although he did still submit number of documents prooving his ties to the States like bank account, creadit card, driver's license etc. And also, did you have a joint sponsor? or was your husband the only sponsor? 

 

Thank you.

Montreal is notoriously difficult and strict on domicile.  Most countries do not have the issues that Canadian/American couples do.  

 

On 6/16/2017 at 8:52 AM, stouty said:

Hi, I'm hoping for some opinions here. We have received a consultation from an immigration lawyer, called a general immigration questions hotline, and have received the answer of, "We can't say for sure, but it sounds like you'd be fine". So we thought we would consult the best in the game: VJ.

 

Here's our situation. I'm Canadian, My husband is American. We applied for our IR-1. My husband got a job in Canada on a Religious Worker visa that way we could be together while our visa processed. Everything went well, we had our interview. We were denied because he didn't have enough proof of U.S. domicile. So he's moved to the US, got a job, taken the necessary steps to establish domicile. I, and our son, are on a visitors visa in the US (we were granted the full 6 months). And now we are at a crossroads. Obviously, I'd like to stay and be with my husband during this process, but our denial instructions letter says I have to send in the supporting documents and my passport in via Canada Post.

 

Because I have a 6 month visitor visa (valid until late November), we had the idea of mailing my passport and supporting documents to a family member in Canada, having them mail it to the embassy, and then when it is sent back to them, authorising them to retrieve it from the Post Office for us, send it back to the U.S., and then I will leave and re-enter the country on my IR-1 Visa.

 

From our understanding, it is all legal because I am lawfully in the country on a visitor visa (we were honest and upfront with CBP so we did not misrepresent ourselves in anyway). The thing that we keep having second thoughts about is that it seems like the instructions of the letter we received are implying that I have to be in Canada during the process, since it says the documents have to be mailed through Canada Post. However, it does not ever explicit say that on the letter, or anywhere else we can find on the web. Any and all opinions would be greatly appreciated!

No you really shouldn't do this.  I'm not sure why you think it would be a good idea to mail your passport with a immigrant visa in it?  The only time my passport leaves my possession from the time I get it, until the time I renew it, is when I'm mailing it away to be renewed!  The CBP will be wondering why the heck you're in the USA and then asking to have your immigrant visa endorsed. Just because you have the valid visa doesn't mean that you have to be allowed in.  Also, your son, will need a visa as well to immigrate unless he's already a USC and has a USC passport (in which case is he not in the USA on a B2.)

[NikLR 13,231]

~~moved to Canada regional forum from IR1/CR1 process and procedures as this kind of domicile issue is Canadian specific!~~