I-130 Petition Related

[okkal 4]

LPR wife already filed I-130 for spuse (me) and awaiting approval. I'm from India. While in processing, If I travel to Canada on work visa, will it affect my I-130 petition ?

Should I remain in the country of origin (India) or is it possible to attend the Interview from a Consulate/Embassy in Canada or any other country ?

[SteveInBostonI130 3,434]

You can interview in the country of your nationality or residency.  If you become a resident in Canada through your work visa, then you can interview there.  You would need to request a change of embassy to the NVC when your case file gets there.

[Lucky2Lucky 2,526]

It sounds like you just want to travel to Canada. There is no problem traveling while you have an I-130 petition pending.

[okkal 4]

32 minutes ago, SteveInBostonI130 said:

You can interview in the country of your nationality or residency.  If you become a resident in Canada through your work visa, then you can interview there.  You would need to request a change of embassy to the NVC when your case file gets there.

Should I be a Lawful Resident OR a Permanent Resident (I guess, IT work visas authorizes a lawful residency, not a PR) in Canada to qualify for an embassy change request..?

[HRQX 4,145]

2 minutes ago, okkal said:

Should I be a Lawful Resident OR a Permanent Resident (I guess, IT work visas authorizes a lawful residency, not a PR) in Canada to qualify for an embassy change request..?

Just having long enough lawful status is required: https://fam.state.gov/fam/09FAM/09FAM050404.html "Department regulations provide that a post must accept an application from an alien physically present in the consular district even though not a resident in that district, provided the alien expects to remain in the consular district throughout the several months that it normally takes to process an application and is legally able to do so."

[pushbrk 12,877]

Sounds like you will qualify, but since you will likely move to the US soon after your visa is issued, you may well want to return to Mumbai for the interview.  Backlogs are pretty ling in Montreal.  You can make that decision based on information available once your case gets to NVC.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Bringing Family Members of Permanent Residents to America forum.

[okkal 4]

Does below Bulletin info anyhow affects my application ?

 

 

[HRQX 4,145]

7 hours ago, okkal said:

Does below Bulletin info anyhow affects my application ?

F2A is technically limited to:

Quote

Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

 

F2A is Current for April (and IMO for the foreseeable future) but could retrogress if the limit is reached.

[SusieQQQ 11,586]

On 2/12/2021 at 11:44 AM, HRQX said:

Just having long enough lawful status is required: https://fam.state.gov/fam/09FAM/09FAM050404.html "Department regulations provide that a post must accept an application from an alien physically present in the consular district even though not a resident in that district, provided the alien expects to remain in the consular district throughout the several months that it normally takes to process an application and is legally able to do so."

Yet not all posts adhere to this. See Turkey as an example.

[okkal 4]

My I-130 petition approved and current status say's "case sent to Dept. of State for Visa Processing".. I'm awaiting Welcome Letter. I moved to Canada on work permit (not PR yet). How to inform NVC (Mumbai) to change the location to Canada NVC ? Should I complete this before submitting affidavits ? Do I need to have PCC from India and Canada and how to obtain these from residing country ?