IR-1/CR-1 Montreal DQ'd private message group goes public

[Mi and Di 17]

2 hours ago, Abhikochar said:

Yes, I am living in Canada with my spouse and waiting for his interview and will transition and move together to the U.S. in few months. If you have the paperwork approved from your spouse and your spouse meets the requirements for domicile, I 864, I don't believe it's a requirement for sponsor spouse to be in the U.S. physically if your spouse wants to be in Canada with you for a little bit while you are awaiting your interview. 

Thanks for the Information 

[shammykay 63]

We were wondering if anyone has researched their i-94 # for when they entered the US (via land border).  My husband's i-94 has NOT posted on https://i94.cbp.dhs.gov/I94/#/history-search and the RMV (DMV to many of you...) are asking for an i-94 to process his driver's license (REAL ID requirements) instead of his temporary visa in his passport.  This is Massachusetts RMV.  Has anyone else had to prove i-94 requirements after entry? And if not available, what did you do?  

[HD_BIRDS 121]

7 hours ago, YYZ&MIA said:

Yeah, actually a so called lawyer told me that I wont have problems going back to Toronto and coming back after we got married which was the worst advice ever and what actually put us in this position in the first place but to be fair it really is our fault for not doing our research and getting legal advice from a reputable lawyer. The lawyer we have now is one of the top lawyers in Florida and I am confident in him. Another lawyer also told me not to try and visit until I get my green card. I believe its because my past issues at the border and like someone in this forum said applying for a green card means you intent to live there so obviously entering on a B2 would be misinterpretation. Also, based on my own experience and hearing peoples stories it really seems there is almost zero consistency and it truly depends on the border officer and what he decides. It is so unfair but it seems to be the case. I dont want to take any chances and complicate things even more so I have been waiting. Based on the timelines it seems like it will be another year lol. I am almost numb at this point. 

You can enter on a B2 with a pending immigrant application. A B2 requires that you return to Canada within 180 days, so it does not impute immigration intent, even with a pending IR-1 / CR-1. I have crossed dozens of times in the three years since I married my USC husband, and have never had an issue. As @jackanddeona indicated, you just need to be prepared. I had a job in Canada when I was crossing, so that was always a good demonstration of my intent to return despite the immigrant application. Though I was never asked for any proof,  I always had recent pay stubs and my return ticket in hand when I crossed.

[Atyree9 29]

We’re set to land in the U.S on Jan 9th. Does anyone know if my husband will be able to bring toys across? We have a bunch of toys from our kids, in Canada

[Atyree9 29]

28 minutes ago, HD_BIRDS said:

You can enter on a B2 with a pending immigrant application. A B2 requires that you return to Canada within 180 days, so it does not impute immigration intent, even with a pending IR-1 / CR-1. I have crossed dozens of times in the three years since I married my USC husband, and have never had an issue. As @jackanddeona indicated, you just need to be prepared. I had a job in Canada when I was crossing, so that was always a good demonstration of my intent to return despite the immigrant application. Though I was never asked for any proof,  I always had recent pay stubs and my return ticket in hand when I crossed.

Hah we had a border patrol agent Try and tell us that this was illegal.

[HD_BIRDS 121]

14 minutes ago, Atyree9 said:

Hah we had a border patrol agent Try and tell us that this was illegal.

Canadians do not require a visa to visit the US as a visitor, and it is certainly not illegal to visit in a non-immigrant status with a pending immigrant application. I have a TN-1 (explicitly a non immigration intent work authorization) that I obtained while my PR application to the US was pending. It wasn't an issue at all because I still technically need to return to Canada to complete consular processing of the PR. If I had applied for adjustment of status upon entering on a non immigration intent status (visitor, TN, etc), then there is some case to be made for misrepresenting intent upon entering. Not so for consular processing, where by definition you need to return to Canada before immigrating.

[Atyree9 29]

30 minutes ago, HD_BIRDS said:

Canadians do not require a visa to visit the US as a visitor, and it is certainly not illegal to visit in a non-immigrant status with a pending immigrant application. I have a TN-1 (explicitly a non immigration intent work authorization) that I obtained while my PR application to the US was pending. It wasn't an issue at all because I still technically need to return to Canada to complete consular processing of the PR. If I had applied for adjustment of status upon entering on a non immigration intent status (visitor, TN, etc), then there is some case to be made for misrepresenting intent upon entering. Not so for consular processing, where by definition you need to return to Canada before immigrating.

You’re 100% right that it’s not illegal if you’re not adjusting status, which we weren’t. However, we’ve had two border patrol agents tell us that him coming to the states was “illegal”. Even with proof of employment and other documents stating his return. Some of the agents just like to be extra. 

[T&S_MTL 113]

8 hours ago, Mi and Di said:

Is anyone have their sponsor spouse leaving in Canada with you while alredy applied for green card, and waiting for Interview at us consulate in Montreal, is it required to have sponsor spouse need to leave in USA when have interview, as I want my spouse to stay with me for interview and then move to USA together with my Daughter and wife(sponsor my green card), as I want to avoid my wife to travel due to covid19 situation 

 

 

We are living in Canada together as well and were DQed in October. We are waiting for our interview and will move together when the visa is issued (quit my job, ask to be transfered to a US branch for my wife, etc..).  We read some bad stories on VJ but there are also some good ones, this is why we believe the USC can stay in Canada till the end of the immigration process.

Edited January 3, 2021 by T&S_MTL

[Mi and Di 17]

1 hour ago, T&S_MTL said:

We are living in Canada together as well and were DQed in October. We are waiting for our interview and will move together when the visa is issued (quit my job, ask to be transfered to a US branch for my wife, etc..).  We read some bad stories on VJ but there are also some good ones, this is why we believe the USC can stay in Canada till the end of the immigration process.

Okay,  thanks for info 

[MJ9192 0]

Hello Everyone,

 

Did they discontinue the DS-5540 form? Did they ask anybody for this form in recent interviews?

Does it still require for applicant to have medical insurance coverage before the interview?

[Hawk Riders 814]

1 hour ago, MJ9192 said:

Hello Everyone,

 

Did they discontinue the DS-5540 form? Did they ask anybody for this form in recent interviews?

Does it still require for applicant to have medical insurance coverage before the interview?

Please refer to the FAQ document (link in signature)

[darth vader 133]

2 hours ago, Mi and Di said:

Okay,  thanks for info 

How did you satisfy NVC for domicile and i-864?

[DGF 730]

4 hours ago, Atyree9 said:

Some of the agents just like to be extra. 

Haha this is so true. For a while I was visiting every other weekend and I think I was told that it was against the rules every third time or so (and yet they would always let me in, so much for not being allowed 🙄).

[tmac99 31]

20 minutes ago, darth vader said:

How did you satisfy NVC for domicile and i-864?

There is another thread that is entirely on domicile for Montreal. 

[darth vader 133]

Just now, tmac99 said:

There is another thread that is entirely on domicile for Montreal. 

I'm aware, I'm just trying to get as much anecdotal information as I can.