What happens if we withdraw while being DQ (split)

[DMV 18]

Looking at the ridiculous wait times, my wife and I have been exploring alternatives. The best alternative at this point seems having her move to Canada permanently. If I wanted to withdraw my DQ'd application from the interview queue and have her move here, would I have to go through the I-130 and NVC process again? Or would my case remain at the NVC? I'd prefer to be able to move to the US with a few month's notice if I wanted to. Also would it make it harder to immigrate in the future or visit the US for tourism/recreation?

Edited July 21, 2021 by DMV

[From_CAN_2_US 1,106]

5 minutes ago, DMV said:

Looking at the ridiculous wait times, my wife and I have been exploring alternatives. The best alternative at this point seems having her move to Canada permanently. If I wanted to withdraw my DQ'd application from the interview queue and have her move here, would I have to go through the I-130 and NVC process again? Or would my case remain at the NVC? I'd prefer to be able to move to the US with a few month's notice if I wanted to. Also would it make it harder to immigrate in the future or visit the US for tourism/recreation?

Assuming from your description that you are the Canadian citizen and your wife is the US citizen. Instead of you moving to the US, you are considering the option of your wife moving to Canada...

 

1. If you withdraw your application, yes you will forfeit the fees paid, and should you decide in the future to move to the US, you will have to restart the application right from I-130.

2. You would not be able to move to the US with a few months notice on an IR1/CR1 visa. It is currently a 1.5 to 2.5 year process (start to finish). You could consider moving to the US on a TN Visa provided you can secure a job offer in one of the 60 (I think) professions on the list. This would allow you to immediately move legally.

3. For your wife to come to  the US, she would need to have a valid visa as well. As an American she is only eligible to stay at most 6 months (I think) in Canada per year without any other visa and cannot work here. Most straight forward way is to apply for a PR for her on basis of being a wife of a Canadian citizen (takes about 18 months). There is also a way to apply from inland (she can stay here with you while the visa is processed), but she wouldn't be able to work while she awaits the PR approval.

4. Regarding your last question, your wife, as a US citizen is ofcourse always welcome to visit the US. For you, being married to a US citizen shows ties to the US, and that could affect the CPB officer's decision of whether to let you in or not for tourism/ recreation. You shoudl always carry proof of ties to Canada (job, lease, property papers, wife's residency in canada etc) when travelling to the US. Likely you will be ok, and won't even be asked for proof of ties, but you can always be denied.

 

Hope this helps...

[DMV 18]

14 minutes ago, From_CAN_2_US said:

Assuming from your description that you are the Canadian citizen and your wife is the US citizen. Instead of you moving to the US, you are considering the option of your wife moving to Canada...

 

1. If you withdraw your application, yes you will forfeit the fees paid, and should you decide in the future to move to the US, you will have to restart the application right from I-130.

2. You would not be able to move to the US with a few months notice on an IR1/CR1 visa. It is currently a 1.5 to 2.5 year process (start to finish). You could consider moving to the US on a TN Visa provided you can secure a job offer in one of the 60 (I think) professions on the list. This would allow you to immediately move legally.

3. For your wife to come to  the US, she would need to have a valid visa as well. As an American she is only eligible to stay at most 6 months (I think) in Canada per year without any other visa and cannot work here. Most straight forward way is to apply for a PR for her on basis of being a wife of a Canadian citizen (takes about 18 months). There is also a way to apply from inland (she can stay here with you while the visa is processed), but she wouldn't be able to work while she awaits the PR approval.

4. Regarding your last question, your wife, as a US citizen is ofcourse always welcome to visit the US. For you, being married to a US citizen shows ties to the US, and that could affect the CPB officer's decision of whether to let you in or not for tourism/ recreation. You shoudl always carry proof of ties to Canada (job, lease, property papers, wife's residency in canada etc) when travelling to the US. Likely you will be ok, and won't even be asked for proof of ties, but you can always be denied.

 

Hope this helps...

Thanks for this. I was a student in Canada and will be eligible for a PR in the coming months. My wife has an open work permit in Canada based on my work permit (so she can stay and work here). Unfortunately, this means I'm not eligible for a TN visa. 

[DGF 730]

1 hour ago, DMV said:

Looking at the ridiculous wait times, my wife and I have been exploring alternatives. The best alternative at this point seems having her move to Canada permanently. If I wanted to withdraw my DQ'd application from the interview queue and have her move here, would I have to go through the I-130 and NVC process again? Or would my case remain at the NVC? I'd prefer to be able to move to the US with a few month's notice if I wanted to. Also would it make it harder to immigrate in the future or visit the US for tourism/recreation?

Withdrawing would mean you'd have to start from scratch, absolutely nothing you've accomplished so far in this process would carry over. If you weren't DQ you could keep your case at the NVC for a while (they just require that you contact them once a year) but I'm not sure exactly how long. Since you are DQ, if you wanted to delay, you'd just have to miss your interview once it was scheduled by Montreal and then wait a while to reschedule it (although iirc Montreal doesn't like you doing that for too long, so I wouldn't rely on more than a year or two max of being able to delay). We'd all prefer to be able to move with a few months notice, but unfortunately that isn't how it works. It's also not going to be a fast process bringing your wife to Canada and if you are already DQ you're at less than a year from being together. If you can, visiting the US for 3-6 months (depending on if you're a Canadian citizen or not) would make that time feel significantly shorter. If you do decide to withdraw, it would not affect future immigration (though you'd have to disclose this) but it could make it harder to visit depending on the CBP agent you get as you previously had intent to immigrate (although your wife living in Canada could be used to argue against that). Good luck!

[From_CAN_2_US 1,106]

1 minute ago, DMV said:

Thanks for this. I was a student in Canada and will be eligible for a PR in the coming months. My wife has an open work permit in Canada based on my work permit (so she can stay and work here). Unfortunately, this means I'm not eligible for a TN visa. 

Oh I didn't realise you were in Canada on a work permit. Yes that makes it simpler as she would have an open work permit as you described. Gives you more options. 

 

The decision is yours to make of course, but personally, I would not abandon teh process after coming so far. You are probably about 6 months away from the interview. Your wife maybe able to come stay with you part of that time perhaps. Note that you would have to show her domicile status in teh US at the time of interview though.

[Ontarkie 14,221]

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