IR-1/CR-1 Montreal DQ'd private message group goes public part 3

[DGF 730]

15 minutes ago, G_K said:

But that's the thing, I'm not Canadian, my work is temporary until I get transfered to the US and my rent is a month-to-month. If I try to cross, even flying, an CBP agent in a bad day could legitimately see no-weak ties to Canada. I have to wait 😞

I was able to visit with no job and living with my parents. I brought other proof, such as phone bills and invoices from the desk I rented at a coworking space but all they ever wanted to see were my documents related to my visa (NOA1, NOA2, etc). I also had a history of visiting and returning which I think worked in my favour. As mentioned above, the risk of a ban if you fly (and thus go through preclearance) is exceedingly rare and it's totally worth giving it a shot if you can afford to lose the airfare if you don't get through.

One thing to note, if you do travel while the border is closed, I'd double check that whatever status you're in Canada on is enough to be allowed back in  

[Kai G. Llewellyn 837]

25 minutes ago, G_K said:

But that's the thing, I'm not Canadian, my work is temporary until I get transfered to the US and my rent is a month-to-month. If I try to cross, even flying, an CBP agent in a bad day could legitimately see no-weak ties to Canada. I have to wait 😞

Hmm...difficult call there. I still maintain that the worst that would happen if flying using preclearance is denied boarding and you'd lose your ESTA/B-2 visa, but with an IV down the line that's not the end of the world. Overall thing is to avoid the 5 year bar, which is achieved via preclearance.

 

19 minutes ago, From_CAN_2_US said:

Frankly I don't think CBP knows the minutia about the application. They would only know that an immigrant visa is in process for a person with so and so passport number. DQ or not yet DQ is not relevant.

I've generally presumed that CBP know everything, whether they check it or not is dependent on the circumstance. One could definitely make the case 'why would I not intend to go back when my IV appointment at Montreal is literally a month away', documentary proof is always helpful as well.

 

5 minutes ago, DGF said:

I was able to visit with no job and living with my parents. I brought other proof, such as phone bills and invoices from the desk I rented at a coworking space but all they ever wanted to see were my documents related to my visa (NOA1, NOA2, etc). I also had a history of visiting and returning which I think worked in my favour. As mentioned above, the risk of a ban if you fly (and thus go through preclearance) is exceedingly rare and it's totally worth giving it a shot if you can afford to lose the airfare if you don't get through.

One thing to note, if you do travel while the border is closed, I'd double check that whatever status you're in Canada on is enough to be allowed back in  

This is true! Previous compliance is also a factor that works in your favor - I think I've had about 50-60 trips to the US since 2018 so my case is probably going to be easier for them than someone who has very little US travel history. Regarding preclearance, I don't think the ban is legally enforceable if it is incurred there, an alien cannot be deported from preclerance so it doesn't meet the 5 year bar inadmissibility. I think there may have been one or two incidences of it but I absolutely think it could be challenged.

 

That's a good point regarding Canadian status, temporary residents are a bit hit/miss regarding entry right now so best to double check!

 

Edited June 8, 2021 by Kai (CanadaDude)

[Lovewithoutborder 69]

On 6/7/2021 at 6:43 AM, Tofu said:

Hi! I crossed 5/27 (after 5 PM) and on 6/6 it changed to "card being produced".

Did yours say “I-551 Null” as well? It’s the whole “Null” part that’s making me a bit nervous.

[Tofu 343]

2 minutes ago, Lovewithoutborder said:

Did yours say “I-551 Null” as well? It’s the whole “Null” part that’s making me a bit nervous.

Hi! Yep, it actually still does, and then under case status - it says "card is being produced"

[Lovewithoutborder 69]

7 minutes ago, Tofu said:

Hi! Yep, it actually still does, and then under case status - it says "card is being produced"

Oh good! That’s a big relief. Thank you! 

[misc-couple 1]

On 6/7/2021 at 12:13 PM, chanel167 said:

Hi! I received mine on Friday, June 4th. It took exactly 10 business days to arrive. I'm sorry to hear that it's taking so long for your wife  I hope hers comes in ASAP.

Thank you for the update! Glad you got yours!! Hopefully hers will come in the mail this week. 

 

22 hours ago, State and Maine said:

Still haven’t received mine. Did the same and contacted the rcmp and they haven’t received them as of June 3rd. Called the police department where I got them done and they said there was a “glitch” and sent them again on June 4th. Hopefully I will have them in the next week or two.

Wow, I am so sorry to hear that! Yeah, she had gotten her prints done at Commissionaires in Montreal back on April 27 and the RCMP confirmed that they processed them mid-May and put them in the mail back on May 20. I will let her know about your experience and we'll double check with the RCMP that they actually did receive them. Hope you receive your police cert ASAP!!

Edited June 8, 2021 by misc-couple

[Shumai84 157]

22 hours ago, JacobP said:

K1s don't have a DQ date because there's no concept of "documentarily qualified" with K1s, most documents are submitted at the interview instead of the NVC. The NVC essentially just forwards the paperwork from the USCIS to the respective consulate.

Now I understand there is no "DQ" date for K1 as NVC just sends a case to the consulate after NOA2 and the consulate essentially has to review their documents instead of NVC. 

 

Both K1 and IR1/CR1 have NOA2 dates, so if we use it as a common benchmark, K1s are already ahead of IR1/CR1. K1 cases with NOA2 dates in June/July got ILs in May.

I got my NOA2 in May 2020, and many of IR1/CR1 folks have NOA2 dates earlier than May 2020... it looks like K1 takes up a lot more resource of the consulate to process because the documents have to be reviewed there unlike spousal cases where NVC sends already in "documentally qualified" status... ugh can't help but think this process is unjust. I feel spousal is abandoned and forgotten. 

 

ILs must be issued for spousals this month!

Edited June 9, 2021 by Shumai84

[Riversong 420]

11 hours ago, DGF said:

I was able to visit with no job and living with my parents. I brought other proof, such as phone bills and invoices from the desk I rented at a coworking space but all they ever wanted to see were my documents related to my visa (NOA1, NOA2, etc). I also had a history of visiting and returning which I think worked in my favour. As mentioned above, the risk of a ban if you fly (and thus go through preclearance) is exceedingly rare and it's totally worth giving it a shot if you can afford to lose the airfare if you don't get through.

One thing to note, if you do travel while the border is closed, I'd double check that whatever status you're in Canada on is enough to be allowed back in  

I was refused entry one time, I flew with WestJet and they helped me book a return flight at no extra cost.

[Mintaftertaste 25]

https://montrealgazette.com/news/local-news/all-of-quebec-moving-to-yellow-and-green-next-week

 

 

Montreal is moving even further in loosening restrictions (From red zone to to yellow!), thus  increasing capacity of people that can attend interviews at the consulate hopefully!

 

 

Edited June 9, 2021 by Mintaftertaste

[YYZ&MIA 117]

7 minutes ago, Mintaftertaste said:

https://montrealgazette.com/news/local-news/all-of-quebec-moving-to-yellow-and-green-next-week

 

 

Montreal is moving even further in loosening restrictions (From red zone to to yellow!), thus  increasing capacity of people that can attend interviews at the consulate hopefully!

 

 

Hopefully. Although they processed the highest number of cases these past few months while Mtr was on lockdown, so I am not sure if loosening restrictions will be key. I see my fellow VJ members still didnt get IL this month 😟 Ive been thinking about you all.

[irisheyes123 66]

https://www.thestar.com/business/2021/06/09/feds-to-lift-14-day-quarantine-requirement-for-fully-vaccinated-canadian-travellers.html

[From_CAN_2_US 1,106]

32 minutes ago, irisheyes123 said:

https://www.thestar.com/business/2021/06/09/feds-to-lift-14-day-quarantine-requirement-for-fully-vaccinated-canadian-travellers.html

Excellent news for many here!

[Mikeeastern 81]

9 minutes ago, From_CAN_2_US said:

Excellent news for many here!

What are the chances there will be a large batch of IL's flowing through this week in light of this and the fact that Montreal is about to go yellow and green. 

[annierob 194]

15 minutes ago, From_CAN_2_US said:

Excellent news for many here!

Fingers crossed this goes into effect before July 3 (they said it would be early July...), that's when I need to legally leave the US as my B2 visa expires then. Fingers crossed for that good news later today...and hopefully a new batch of ILs this week!!!

[From_CAN_2_US 1,106]

14 minutes ago, Mikeeastern said:

What are the chances there will be a large batch of IL's flowing through this week in light of this and the fact that Montreal is about to go yellow and green. 

Oh I was meaning it is good news for Canadians here who want to visit their spouses (or friends in the US) but were hesitant due to the quarantine requirements and not being able to make it back in time for the interview should it be scheduled.

 

I don't know if this particular news will have any affect on the ILs. I think Quebec going into yellow and green is definitely a good sign and will positively affect the interviews at the consulate. It will open up more slots for interviews going forward. Will the effect be felt in July or only in August, I don't know, since they plan a month in advance. Another unknown is whether they will use the additional slots for IR1/CR1 (which they pushed aggressively last several months except June) or for other tiers (3 and 4) which have been neglected for a long time. I hope they will use atleast some of those additional slots for tier 2. I still am quite positive interviews will be scheduled in August for IR1/CR1 (probably a large batch), and hopeful that some will be scheduled in July.  

Edited June 9, 2021 by From_CAN_2_US