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

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Filed: Citizen (pnd) Country: Canada
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37 minutes ago, legendqueue said:we all love who we're with and want to be with them more and going months without seeing them sucks so we shell out the money, and most of us are hurting financially anyway between the cost of the process and the cost of having to maintain the two residences the two parts of the couple live in haha (plus on a personal note the indignity of the rent on my 500 square foot "compartment", as my step-son calls it and he's not wrong, is roughly 30% more per month than my wife's house on 10 acres, which again is 30km away lol).

I feel this. At a recently border crossing the officer ask, in what felt like a mean spirited tone, if we were married why didn’t we live together.  I wanted the scream, but answered calmly that we applied for a visa two years ago and are still waiting. 

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Filed: IR-1/CR-1 Visa Country: Canada
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34 minutes ago, wordsfromdani said:

I feel this. At a recently border crossing the officer ask, in what felt like a mean spirited tone, if we were married why didn’t we live together.  I wanted the scream, but answered calmly that we applied for a visa two years ago and are still waiting. 

I got the same question a year or so again haha.  I was so amazed I wasn't even mad, and my reply was probably 10% more snarky than it should have been but I was still on my side of the snarkiness line.

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Filed: IR-1/CR-1 Visa Country: Canada
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55 minutes ago, wordsfromdani said:

I feel this. At a recently border crossing the officer ask, in what felt like a mean spirited tone, if we were married why didn’t we live together.  I wanted the scream, but answered calmly that we applied for a visa two years ago and are still waiting. 

Omg! I was asked this at Vancouver customs when we were traveling recently back to Canada together. The officer asked how long we’ve been living separately. I said, “Well, ever since we have been married. My husband is currently going through process of immigrating to the USA.” Tried not to be too snarky in my tone either, but I was def annoyed with that question. LOL 

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Filed: IR-1/CR-1 Visa Country: Canada
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2 hours ago, legendqueue said:

We don't have visas, so we need to fly every time we want to make a visit.  Once Montreal actually does things we can get visas and then not have to worry about this anymore. 

 

My wife is 30km away from me right now and to reach her takes a $270 return flight and over 6 hours total travel time between getting to the airport, waiting at the airport (getting there earlier than I would when it's crowded because I anticipate lengthy and interesting conversations with the officers), the flight, getting out of the airport, and riding with my wife back to her place, which I overflew by like 100 miles in order to see her.  I'm hardly unique in this kind of situation haha, we all love who we're with and want to be with them more and going months without seeing them sucks so we shell out the money, and most of us are hurting financially anyway between the cost of the process and the cost of having to maintain the two residences the two parts of the couple live in haha (plus on a personal note the indignity of the rent on my 500 square foot "compartment", as my step-son calls it and he's not wrong, is roughly 30% more per month than my wife's house on 10 acres, which again is 30km away lol).

I'm sorry I misread the post and thought they were referencing after you have your interview and have your visa in hand.

 

Edit: im well aware of the requirements and hassle involved in the current visiting process. Picking up my wife from the Calgary Airport was a unique experience for both of us to say the least.

Edited by jackanddeona
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Filed: IR-1/CR-1 Visa Country: Canada
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2 hours ago, legendqueue said:

We don't have visas, so we need to fly every time we want to make a visit.  Once Montreal actually does things we can get visas and then not have to worry about this anymore. 

 

My wife is 30km away from me right now and to reach her takes a $270 return flight and over 6 hours total travel time between getting to the airport, waiting at the airport (getting there earlier than I would when it's crowded because I anticipate lengthy and interesting conversations with the officers), the flight, getting out of the airport, and riding with my wife back to her place, which I overflew by like 100 miles in order to see her.  I'm hardly unique in this kind of situation haha, we all love who we're with and want to be with them more and going months without seeing them sucks so we shell out the money, and most of us are hurting financially anyway between the cost of the process and the cost of having to maintain the two residences the two parts of the couple live in haha (plus on a personal note the indignity of the rent on my 500 square foot "compartment", as my step-son calls it and he's not wrong, is roughly 30% more per month than my wife's house on 10 acres, which again is 30km away lol).

I am surprised to hear you are visting while awaiting a visa. We were told by our immigration attorney that at anytime a border agent can deny you and then it's an even larger hassle getting a waiver from that. Because I then had to drive to Montreal every weekend for over a year to see my wife. I got to see the same US Border agents in VT where I would cross. I asked the question to a few agents about my wife coming to visit me in the US while awaiting a VISA. Each one told me that "I would be OK with it but thats up to the agent at the time." This process is so messed up. So much for a US citizen to have any priority for your spouse or children. Especially when I see companies hire H1 visa people who's fiance or spouse is here in the US in under 90 days. The State Department really does live up to the stereo type of "Government Employees".

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Filed: IR-1/CR-1 Visa Country: Canada
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29 minutes ago, Airline Pilot said:

I am surprised to hear you are visting while awaiting a visa. We were told by our immigration attorney that at anytime a border agent can deny you and then it's an even larger hassle getting a waiver from that. Because I then had to drive to Montreal every weekend for over a year to see my wife. I got to see the same US Border agents in VT where I would cross. I asked the question to a few agents about my wife coming to visit me in the US while awaiting a VISA. Each one told me that "I would be OK with it but thats up to the agent at the time." This process is so messed up. So much for a US citizen to have any priority for your spouse or children. Especially when I see companies hire H1 visa people who's fiance or spouse is here in the US in under 90 days. The State Department really does live up to the stereo type of "Government Employees".

Many people have done this. Typically the recommendation was to have evidence that you are in the immigration process, have ties that require you to return (ie. letter saying you have a job, lease etc.) and a return ticket if flying. I don't recall ever seeing anyone say they had complications to their application based on a simple visit to the states but maybe there have been in the past. Covid has made visits much more difficult for many reasons. I know I visited while in this process once.

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Filed: IR-1/CR-1 Visa Country: Canada
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1 hour ago, Airline Pilot said:

I am surprised to hear you are visting while awaiting a visa. We were told by our immigration attorney that at anytime a border agent can deny you and then it's an even larger hassle getting a waiver from that. Because I then had to drive to Montreal every weekend for over a year to see my wife. I got to see the same US Border agents in VT where I would cross. I asked the question to a few agents about my wife coming to visit me in the US while awaiting a VISA. Each one told me that "I would be OK with it but thats up to the agent at the time." This process is so messed up. So much for a US citizen to have any priority for your spouse or children. Especially when I see companies hire H1 visa people who's fiance or spouse is here in the US in under 90 days. The State Department really does live up to the stereo type of "Government Employees".

My attorney told me the same thing, and when I spoke to a CBSA recently, she reaffirmed that I should not be trying to go to the US to visit my husband while I am DQ'd and waiting for an interview. I haven't seen my husband in Iowa since February, and him coming here is difficult with the mandatory 15 day stay and where to quarantine (I live with my senior mother who would be high risk if she got COVID). My DQ date was June 1st so I could be looking at maybe March or April before I get an interview. It's very tough to be living apart for so long, I feel for all of us going through this. I wish we had done the reverse immigration path to be honest but I've invested so much time and money to try and live in the US, I have to keep going with it. Then, we will start his process to come to Canada lol. 

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13 minutes ago, Cammabear said:

My attorney told me the same thing, and when I spoke to a CBSA recently, she reaffirmed that I should not be trying to go to the US to visit my husband while I am DQ'd and waiting for an interview. I haven't seen my husband in Iowa since February, and him coming here is difficult with the mandatory 15 day stay and where to quarantine (I live with my senior mother who would be high risk if she got COVID). My DQ date was June 1st so I could be looking at maybe March or April before I get an interview. It's very tough to be living apart for so long, I feel for all of us going through this. I wish we had done the reverse immigration path to be honest but I've invested so much time and money to try and live in the US, I have to keep going with it. Then, we will start his process to come to Canada lol. 

I have gone to the USA and have had no  issues.  The consulate isn’t working too hard or too fast .. so it’s rather ludicrous they tell us not to travel.  When I went down last,  the US border guy rolled his eyes and gave a guffaw when I told him I was waiting for the consulate to resume processing; he said that likely wouldn’t happen anytime soon and he was right! I think lawyers tell their clients not to travel in the event something happens to absolve them of responsibility.   I’ve never heard of anyone having repercussions  travelling for a visit - just for over staying the allotted number of days in a year.  People are also posting that their lawyers are saying things will soon pick up with the consulate - but really - they don’t know anything, because it’s not happening.   I do hope lawyers are telling people about the current state of affairs  and warning them that the process is tedious and lengthy

 

One thing I am thankful for is that my spouse has her PR.  Given the absurd timelines, we’re able to explore opportunities in both countries.  

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1 minute ago, Cath&Claire said:

I have gone to the USA and have had no  issues.  The consulate isn’t working too hard or too fast .. so it’s rather ludicrous they tell us not to travel.  When I went down last,  the US border guy rolled his eyes and gave a guffaw when I told him I was waiting for the consulate to resume processing; he said that likely wouldn’t happen anytime soon and he was right! I think lawyers tell their clients not to travel in the event something happens to absolve them of responsibility.   I’ve never heard of anyone having repercussions  travelling for a visit - just for over staying the allotted number of days in a year.  People are also posting that their lawyers are saying things will soon pick up with the consulate - but really - they don’t know anything, because it’s not happening.   I do hope lawyers are telling people about the current state of affairs  and warning them that the process is tedious and lengthy

 

One thing I am thankful for is that my spouse has her PR.  Given the absurd timelines, we’re able to explore opportunities in both countries.  

Happy to hear that. My wife has PR as well. How many days can you stay pe year? 

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Filed: IR-1/CR-1 Visa Country: Canada
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2 hours ago, Airline Pilot said:

I am surprised to hear you are visting while awaiting a visa. We were told by our immigration attorney that at anytime a border agent can deny you and then it's an even larger hassle getting a waiver from that. Because I then had to drive to Montreal every weekend for over a year to see my wife. I got to see the same US Border agents in VT where I would cross. I asked the question to a few agents about my wife coming to visit me in the US while awaiting a VISA. Each one told me that "I would be OK with it but thats up to the agent at the time." This process is so messed up. So much for a US citizen to have any priority for your spouse or children. Especially when I see companies hire H1 visa people who's fiance or spouse is here in the US in under 90 days. The State Department really does live up to the stereo type of "Government Employees".

The immigration attorney I'm using has been providing a letter explaining my current immigration status, etc, along with my expected departure date from the US. I've never actually had to provide the letter to CBP but would carry it on me just incase they were to give me a hard time. That said, I've always entered the US using NEXUS or Global Entry for the past 3~ years. 

 

Edit: On the occasions that CBP has stamped my passport with a B2 visa, I've always requested that CBSA stamp the same page on my return to provide evidence if ever needed.

 

Edited by RowRow
Updated with CBSA info
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Filed: IR-1/CR-1 Visa Country: Canada
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5 minutes ago, Tristan&Whit said:

Happy to hear that. My wife has PR as well. How many days can you stay pe year? 

180 days - rolling calendar. That’s how we do it. Some people will say it’s 180 days each visit but it’s not. Basically 6 months, as you’re able to do now ....hope it warm where you are!  

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Filed: IR-1/CR-1 Visa Country: Canada
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14 minutes ago, Tristan&Whit said:

Does anyone know how many of us IR1/CR1 with DQ are currently waiting on Montreal for interviews? 

Here’s the spread sheet with that info. 
 

https://docs.google.com/spreadsheets/u/0/d/1LvnDvX95_tfWtTvsJJM49PDPPvPKal0WG2rgdZHhsz0/htmlview#gid=1638721492

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Filed: IR-1/CR-1 Visa Country: Canada
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40 minutes ago, Cath&Claire said:

180 days - rolling calendar. That’s how we do it. Some people will say it’s 180 days each visit but it’s not. Basically 6 months, as you’re able to do now ....hope it warm where you are!  

"Canadian visitors can usually stay in the United States for 6 months without a visa. There is no set period that you must wait to re-enter the United States after the end of your authorized stay. However, if a CBP officer suspects you are spending more time in the United States than in Canada, it will be up to you to prove to the officer that you are a temporary visitor, not a U.S. resident." - https://travel.gc.ca/destinations/united-states?wbdisable=true

Also there is the IRS substantial presence test which looks at your days over the last 3 calendar years and if you meet this you may need to file US taxes. 

I am not a lawyer and nothing I say is or should be taken as legal advice. 

 

CR1/IR1 Timeline:

 

Spoiler

Married: August 18th 2018

I-130 Sent: September 18th 2018

PD: September 20th 2018 TSC

NOA1 Received: October 5th 2018
Case Inquiry: July 13th 2019 

Case Inquiry Response: July 24th 2019 - in line for processing.

Escalated Case Inquiry: August 6th 2019 - tier 2 found that internal status was "in background check" despite results coming back 4 months prior.

Escalated Case Inquiry Response: August 7th 2019 - case was "delayed" because they had to "perform additional review" 🙄 case now with an officer.

NOA2: August 22nd 2019 (336 days)

Sent to DOS: September 5th 2019

NVC Received: September 13th 2019

Case Number: October 9th 2019

DS-260 Completed: October 28th 2019

NVC Docs Uploaded: October 29th 2019

DQ: December 18th 2019

Became IR1: August 18th 2020

IL: October 13th 2020

Interview: November 2nd 2020

Visa Received: November 5th 2020

POE: November 8th 2020

GC Received: January 23rd 2021

 

CR1/IR1 Montreal FAQ:https://docs.google.com/document/d/1k927pE5wqzTN5n0lPYZ1JQxgbmnzmNWX5hSteyii0BY/

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