CR1 visa question for a Canadian

[NikLR 13,232]

So TN status is inferior to the green card with all the requirements of one.  She would still have to file US tax returns.  She has to provide lack of immigrant intent, which is rather difficult with a USC hubsand and child.  She still loses Canadian residency and they can cancel her TN status at anytime at the border. 

 

If lack of Canadian residency is bothering her, you should consider moving to Canada when possible.  

Edited January 23, 2018 by NikLR

[anastomosis 0]

To NikLR and others

 

   1) When you say the immigration fee is good for 1 year. Is it the immigration fee that I paid NVC through CEAC prior to getting it to Montreal Embassy? It looks like I paid it at 12/4/18 (325 + 125), so if I am able to delay my interview until past 12/4/19, I will be requested to pay that again?

   2) I got a respond from Montreal saying they cannot extend it, and advise to keep the interview, but told me how to reschedule it if I need to. I called the number, and they said I cannot reschedule it until I miss the interview. From the time I miss the interview, to the time I call to reschedule it, do you know the timeframe? Say.. if my interview is Feb 13th, and I call back on August 1st, will I still be okay? Is there a certain number of times I delay the interview until Montreal will cancel my application?

  

 

    3) They also said... "section 203(e) of the immigration and nationality act requires that an application be canceled and any petition for be canceled if the applicant does not apply for an immigrant visa within 1 yr of being advised to do so". A quick google search found me this...

 

An applicant becomes liable to possible termination of registration under INA 203(g) if the applicant:

(1)  Has not made application within one year of receiving the Immigrant Visa Appointment letter or other notice of visa availability.  The beneficiary has one year to make an application for a visa, beginning on the date you mail the Immigrant Visa Appointment letter to the beneficiary.

(2)  Does not respond to the appointment notice included with the Immigrant Visa Appointment Package, meaning that the applicant fails to appear for visa application interview on the scheduled appointment date and fails to take further action on the case within one year of the scheduled interview;

(3)  Is refused at the interview under INA 221(g), and fails to present evidence purporting to overcome the basis for a refusal under INA 221(g) within one-year following the refusal; or

(4)  Fails to comply with the Follow-up Instruction Package for Immigrant Visa Applicants within one year.

 

   So from what I understand, I have one year after missing the interview to call Montreal to reschedule the interview. Am I interpreting this correctly?

[NikLR 13,232]

You do not call Montreal.  That they have fielded any calls is amazing.   You would reschedule the interview within one year of paying the IV fee (immigration visa fee) at the NVC online with the same system that was used to book courier services.  This is how K1 book their interviews.  

Yes if you do not book by 12/4/19 you will have to pay the IV fee again and a fee to retrieve the I-130 because Montreal will return the case to the USCIS who will put it into their records department.  You would need an I-824 to get it back out, pay the IV and AOS fees again, resend IV and AOS documents, wait for interview and try again.  The I-824 can take just as long as an I-130 to process or a few weeks, it's very variable. 

You are just throwing money away by letting more than a year go by after paying the IV fee. Book the new interview by 12/3/2019 just to be safe.  Since the calendar doesnt go that far out online you can repeatedly book and change your interview online.  Always rememeber the medical should be done close to the interview and your wife will have 6 months from the medical date to use her visa.  The surrey medical takes 1 day to get results. The police report needs to be less than 1 yr old at the time of interview.  

 

Do not confuse the IV fee with the immigrant fee that is paid after recieving the visa in the passport.  That is for production of green card. 

Edited January 25, 2018 by NikLR

[NikLR 13,232]

Honestly I don't understand why you guys moved so quickly when you needed more time or your wife wasnt sure of what she wanted but it is what it is.  Not everyone researches like I do.

 

Take this time to figure out your future. Make a real plan. Immigration is not easy.  Someone gives up something.  Some of us give up more than can ever be equalled out.  C'est la vie. 

[anastomosis 0]

58 minutes ago, NikLR said:

Honestly I don't understand why you guys moved so quickly when you needed more time or your wife wasnt sure of what she wanted but it is what it is.  Not everyone researches like I do.

 

Take this time to figure out your future. Make a real plan. Immigration is not easy.  Someone gives up something.  Some of us give up more than can ever be equalled out.  C'est la vie. 

Thanks for your help. The reason for the change of plans was the new baby that came. We applied initially over 1 yr ago, and since the baby has come, and now realizing that she will lose her Canadian benefits have made things a little more difficult to juggle.

[anastomosis 0]

On ‎1‎/‎25‎/‎2018 at 7:48 AM, NikLR said:

You do not call Montreal.  That they have fielded any calls is amazing.   You would reschedule the interview within one year of paying the IV fee (immigration visa fee) at the NVC online with the same system that was used to book courier services.  This is how K1 book their interviews.  

Yes if you do not book by 12/4/19 you will have to pay the IV fee again and a fee to retrieve the I-130 because Montreal will return the case to the USCIS who will put it into their records department.  You would need an I-824 to get it back out, pay the IV and AOS fees again, resend IV and AOS documents, wait for interview and try again.  The I-824 can take just as long as an I-130 to process or a few weeks, it's very variable. 

You are just throwing money away by letting more than a year go by after paying the IV fee. Book the new interview by 12/3/2019 just to be safe.  Since the calendar doesnt go that far out online you can repeatedly book and change your interview online.  Always rememeber the medical should be done close to the interview and your wife will have 6 months from the medical date to use her visa.  The surrey medical takes 1 day to get results. The police report needs to be less than 1 yr old at the time of interview.  

 

Do not confuse the IV fee with the immigrant fee that is paid after recieving the visa in the passport.  That is for production of green card. 

 

NikLR

    I hope you still remember my situation. My case now is complicated by the fact that I obtained a job in a border town. I actually plan on living in Canada, and commuting daily to work in the US, and my wife will still live in Canada. Thus because of this, I will have to let my application lapse. As I am reviewing the previous thread, it appears that it will automatically go to USCIS.

   So just to clarify, if I were to change jobs, where I want to proceed again with my wife's US green card application, I will have to reapply through USCIS, and as per you, use a I-824 to bring my application out? Is that my best and only option at this time? Have you had experience of somebody doing this in the past, and is it more difficult than the initial process, or is it a little easier. thanks so much in advance.