In Ontario waiting Advice Helps

[Ilovecancun29 17]

My husband( Canadian borne and US citizen) and I got married May 2019 in NY and we moved to Toronto,OntarioCanada (job offer, staying together, avoid “ looking bad” with my tourist visa). On February 2020 with a lawyer in PA applied for I-130 petition for alien relative and I-129f petition for alien fiancé/ spouse. 

My husband truly regrets moving to Canada, he can’t stand it to the point he is willing to go drive truck just to get back to the US while Oil and Gas picks up again.  We haven’t had any news after the first notice of Action for both In March 20  2020 from the Potomac USCIS. 

My husband is wondering if as many Canadian snowbirds we can go spend the winter together in the US as an excuse to wait there for 6 months  instead of staying in Ontario with all the ridiculous lockdowns. I have  a tourist visa and I am Canadian resident. Is not going to the peace bridge and saying I intend to live in the US since residing is in fact staying more than 6 months in a place more than another. Our financial situation is deteriorating as the Canadian Government keeps shutting down everything and his work requires travel within provinces. Everything is so much more expensive here too.

It’s ridiculous! We could be sitting as well  in Florida or visiting my family in Phoenix.

Whats next? a NVC notice? When do I get to schedule an appointment?  Then I come to know that there is no visa consular filing in Canada. 

 

[payxibka 10,045]

6 minutes ago, Ilovecancun29 said:

My husband( Canadian borne and US citizen) and I got married May 2019 in NY and we moved to Toronto,OntarioCanada (job offer, staying together, avoid “ looking bad” with my tourist visa). On February 2020 with a lawyer in PA applied for I-130 petition for alien relative and I-129f petition for alien fiancé/ spouse. 

My husband truly regrets moving to Canada, he can’t stand it to the point he is willing to go drive truck just to get back to the US while Oil and Gas picks up again.  We haven’t had any news after the first notice of Action for both In March 20  2020 from the Potomac USCIS. 

My husband is wondering if as many Canadian snowbirds we can go spend the winter together in the US as an excuse to wait there for 6 months  instead of staying in Ontario with all the ridiculous lockdowns. I have  a tourist visa and I am Canadian resident. Is not going to the peace bridge and saying I intend to live in the US since residing is in fact staying more than 6 months in a place more than another. Our financial situation is deteriorating as the Canadian Government keeps shutting down everything and his work requires travel within provinces. Everything is so much more expensive here too.

It’s ridiculous! We could be sitting as well  in Florida or visiting my family in Phoenix.

Whats next? a NVC notice? When do I get to schedule an appointment?  Then I come to know that there is no visa consular filing in Canada. 

 

USCIS approves the petition,  that is first.

NVC will then contact you to supply documentation. Once complete, you don't schedule the appointment,  NVC does in coordination with Montreal. 

 

Unfortunately,  you still have a long way to wait 

 

You can try to enter the USA to visit , subject to entry requirements at the border 

 

[JeanneAdil 6,511]

If you have an RV or other type of camper,  you may look like a snowbird going to Florida for the winter months but the ones that pass back and forth on Rts 95 and  75 usually return to Canada in March and April (which is not that far away)

why not let your husband return and start a job here (truckers are busy) and you use the tourist visa to visit 

i wouldn't think border would allow you to enter if they thought you meant to stay permanent  while waiting for CR1 

 

[Boiler 45,525]

I see 2 issues, focus will be on Renewables, not Oil and Gas.

 

Bidens has promised to seriously address Covid so will most likely be similar to Canada.

[chihuahuaLove 12]

I completely feel your pain.  I am a similar situation here in Canada, and really want to move back to US with my husband.  Lockdowns, travel restrictions, and other delays have made this situation incredibly difficult to navigate.  USCIS is certainly being unfair, with some service centers processing much faster than others.  The purpose of shuffling cases between service centers was supposed to balance the load, not make one service center much slower than all the others.  This family-based immigration system is incredibly inhumane, and the media pays no attention to it.  Unfortunately I don't have any advice for you (I don't even have advice for myself), but I just wanted to say I really, really feel your pain, and truly hope your situation gets better.  I see you are Pittsburgh.  I'm from Pittsburgh, and my entire family lives there still.  

[mam521 2,062]

I'm confused - if you're legitimately married, why would he file an I-129F?  

[Boiler 45,525]

3 minutes ago, mam521 said:

I'm confused - if you're legitimately married, why would he file an I-129F?  

They probably were confused about the K3

 

Well I was right about Oil and Gas.

[Ilovecancun29 17]

20 minutes ago, mam521 said:

I'm confused - if you're legitimately married, why would he file an I-129F?  

Who knows why they call it that way I had the same questions but my lawyer said it’s just the name of the form I129 F alien also applies  to k1 k3 k4. As a spouse I applied for I 130 and I 129F  which if it wasn't for CoronaVirus is technically asking permission to wait inside while the other one is done.

 

Edited January 26, 2021 by Ilovecancun29

[Ilovecancun29 17]

22 minutes ago, Boiler said:

They probably were confused about the K3

 

Well I was right about Oil and Gas.

 

On 1/19/2021 at 5:07 PM, Boiler said:

I see 2 issues, focus will be on Renewables, not Oil and Gas.

 

Bidens has promised to seriously address Covid so will most likely be similar to Canada.

Yeah Biden means business I saw the news today! 
luckily it will make private landowners Open for business  $$$ and start leasing their land to drill. Instead of National forest open for all those contracts will only last whatever they have left or maybe he ends them too. Gas will go up unfortunately for the rest.
 

Edited January 26, 2021 by Ilovecancun29

[Chancy 6,241]

22 minutes ago, mam521 said:

I'm confused - if you're legitimately married, why would he file an I-129F?  

 

It gives the lawyer more justification for the fee he's charging.  Like most I-129F petitions for spouse in recent years, it will likely be terminated anyway, in favor of the I-130 petition.  K3 visas are effectively obsolete, with only 2 such visas issued worldwide for the entire FY2020 and only 5 issued in FY2019.  But who knows, OP might get lucky.

 

[Ilovecancun29 17]

2 minutes ago, Chancy said:

 

It gives the lawyer more justification for the fee he's charging.  Like most I-129F petitions for spouse in recent years, it will likely be terminated anyway, in favor of the I-130 petition.  K3 visas are effectively obsolete, with only 2 such visas issued worldwide for the entire FY2020 and only 5 issued in FY2019.  But who knows, OP might get lucky.

 

Also true

[mam521 2,062]

@Ilovecancun29 are you a Canadian PR? Your timeline says Armenian consulate.  

[Ilovecancun29 17]

I have Tried to fix that like 3 times 

yes im a Canadian PR 

[mam521 2,062]

You might be interested to check out this page: 

All Montreal Consulate, all I-130's, but for the most part, everyone has opted for consular processing.  Lots of information about attempting to travel back and forth.  There are some linked FAQ's that are contained within a google doc there as well as a spreadsheet of timelines.  I'd check out the FAQ's and read back some because there is a fair bit of discussion about the repercussions of travel, what documentation you might need, the questions the CBP officers might ask, etc. 

 

 

[Ilovecancun29 17]

On 1/26/2021 at 3:28 PM, mam521 said:

You might be interested to check out this page: 

All Montreal Consulate, all I-130's, but for the most part, everyone has opted for consular processing.  Lots of information about attempting to travel back and forth.  There are some linked FAQ's that are contained within a google doc there as well as a spreadsheet of timelines.  I'd check out the FAQ's and read back some because there is a fair bit of discussion about the repercussions of travel, what documentation you might need, the questions the CBP officers might ask, etc. 

 

 

Thank you will do.