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Posted
2 minutes ago, immishok said:

that's also what I thought to be the case for all EBs. But the data that the CATO institute is using is from the DOS itself. Unless there is some misrepresentation of that data :D the conclusion is correct.

As for what your lawyer said: I guess DOS sees 'misrepresentation' in 60% of the cases (that's what the guy at CATO says as well)!!!

You are absolutely right. I was thinking of 'misrepresentation' as a rarest of rare case where someone knowingly hides a past criminal offence / fake education qualification etc. 

As Van24 mentioned, I had the same impression that USCIS issues RFE etc. left and right, but consulates are very thorough and rarely deny EB GC Visas. 

I have many friends in EB2 with priority date from 2011 to 2013 in US, all of them got GC's through AOS route. I haven't heard of any hiccups. However not much data for Consulate Processing, as the only people I know waiting for Consulate process is through this forum. 

I had the option to go and work for my sponsoring employer (Consultancy Company) and apply for AOS. I stayed in Canada because I felt Consulate Processing to be safe alternative and to stay with my family here in Canada while waiting for a GC.  Now after reading this, I am wondering if I made a big mistake. 

 

Posted (edited)
13 hours ago, msccccccc said:

@Leeching Spouse I went through the same process early last year. I got my I140 approved in Jan 2021, and I got married shortly after. I was also confused by the FAQ instruction that said I can add a derivative in CEAC as I didn't see any button for such activity. After calling NVC, I learned EB category needs to submit an email inquiry form to add a spouse as a derivative. In the email inquiry, I had to attach some documents such as proof of marriage and other documents under my wife's name. I recommend you give a call to them to get the exact list of docs you need. After my request got processed, a DS-260 for my wife appeared in my account. I paid the fees, and we filled out and then submitted together. I chose not to submit mine first as there was some information that had to be cross checked between my wife's and mine. I see a post mentioning follow-to-join, but this is not true according to my convo with my lawyer back in 2020. I'm in EB3 category and my wife and I got DQ'ed this March, waiting indefinitely for the IL.

 

if the spouse is already in the US on a non-immigrant visa and you've already been DQ-ed, you don't necessarily have to add them, correct?

 

this is in the case that the spouse doesn't need a change in status immediately and can get it done as AOS after the primary applicant gets approved and enters the US. we can just take the marriage certificate to the interview and mention to the officer that your marital status has changed since you submitted your DS-260. 

Edited by New_123
Posted (edited)
On 8/31/2022 at 10:05 AM, Dip_eb said:

Thank you for sharing the link.

interview date: Oct 18

 

*** also very important 

- while waiting for the interview i was blessed with a baby girl, she is now 5 months old. do any of you know what are the options i have with the baby?

 

Thank you and will be appreciated for your advice.

 

 

Hello @Dip_eb I have a similar situation and got legal advise.  You can add your daughter and she will appear in the consulate at the interview with you. Your case is has been transferred from NVC to the consulate. That is why you need to contact the consulate and not NVC or USICIS. You do not need to file an I-824 because your daughter is a derivative beneficiary and can be added to your current approval. No issues at all. Just send an email to Montreal attaching the birth certificate of your child showing the date of birth and that you are the father. They will tell you what to do. You will need to fill a DS260, pay fees and submit an I-846 (Affidavit of support). Absolutely your daughter will immigrate with you and this will not affect anything.

Edited by akposphil
Filed: EB-2 Visa Country: Canada
Timeline
Posted
21 hours ago, msccccccc said:

@Leeching Spouse I went through the same process early last year. I got my I140 approved in Jan 2021, and I got married shortly after. I was also confused by the FAQ instruction that said I can add a derivative in CEAC as I didn't see any button for such activity. After calling NVC, I learned EB category needs to submit an email inquiry form to add a spouse as a derivative. In the email inquiry, I had to attach some documents such as proof of marriage and other documents under my wife's name. I recommend you give a call to them to get the exact list of docs you need. After my request got processed, a DS-260 for my wife appeared in my account. I paid the fees, and we filled out and then submitted together. I chose not to submit mine first as there was some information that had to be cross checked between my wife's and mine. I see a post mentioning follow-to-join, but this is not true according to my convo with my lawyer back in 2020. I'm in EB3 category and my wife and I got DQ'ed this March, waiting indefinitely for the IL.

Thank you for sharing your experience. I already paid my fee, as I thought that there would be an option to add derivatives only after I had paid the fee (the FAQ misled me). Hope that does not cause any issues down the time. I have emailed my marriage certificate as well as wife's passport to NVC public inquiry. Unfortunately NVC has stopped answering phone calls, so the only way is to contact them through their public inquiry line which has a 2-2.5 month wait.

 

Quite ridiculous if you ask me, but nothing else we can do on my end... We are gathering the other documents such as police records in the interim.

Filed: EB-2 Visa Country: Canada
Timeline
Posted
8 hours ago, immishok said:

New update from DOS :

 

 

As of September 7, 2022, most Immediate Relative and fiancé(e) visa cases being scheduled for interview in Montreal were documentarily complete at the National Visa Center in June 2022;  most Family Preference cases scheduled for interview were documentarily qualified in November 2020; and most Employment cases scheduled for interview were documentarily complete in June 2020.

 

Compared to the previous one:

As of August 8, 2022, most Immediate Relative and fiancé(e) visa cases being scheduled for interview in Montreal were documentarily complete at the National Visa Center in May 2022;  most Family Preference cases scheduled for interview were documentarily qualified in August 2020; and most Employment cases scheduled for interview were documentarily complete in April 2020.

Thank you. So in summary, Montreal consulate 

  • IR1/CR1 = advance 1 month
  • FB = advance 3 months
  • EB = advance 2 months

At this rate though, it is still going to take at least 14-21 months to clear the current EB backlog. 

Posted
3 minutes ago, Leeching Spouse said:

Thank you. So in summary, Montreal consulate 

  • IR1/CR1 = advance 1 month
  • FB = advance 3 months
  • EB = advance 2 months

At this rate though, it is still going to take at least 14-21 months to clear the current EB backlog. 

Happy Thoughts :) I am sure it will get faster than this once Family-Based gets cleared . 

Posted
8 minutes ago, Blueeyes1989 said:

@immishok I don't think these dates are correct though because people with July 2021 DQ got the IL for F category.

The updates always say "most  [...]"  so some could have gotten IL while DQ'ed after Nov 2020.

But I do agree July 2021 is kind of too far away from Nov 2020 for that statement to be still correct.

Could it be that in between those two months, there were very few FB cases DQ'ed? Perhaps in the next update we will see an even bigger jump than 3 months.

Posted
14 hours ago, immishok said:

The updates always say "most  [...]"  so some could have gotten IL while DQ'ed after Nov 2020.

But I do agree July 2021 is kind of too far away from Nov 2020 for that statement to be still correct.

Could it be that in between those two months, there were very few FB cases DQ'ed? Perhaps in the next update we will see an even bigger jump than 3 months.

Hi Immishok,

 

I'm curious on your thoughts/analysis regarding timeline for an EB that is DQ'd in December 2021 to receive an IL. Would it be December 2022, or January 2023, or?

 

Currently Blueeyes1989 has it at approximately March 2023.Thanks

 

 

Posted
5 hours ago, Sunbr77 said:

Hi Immishok,

 

I'm curious on your thoughts/analysis regarding timeline for an EB that is DQ'd in December 2021 to receive an IL. Would it be December 2022, or January 2023, or?

 

Currently Blueeyes1989 has it at approximately March 2023.Thanks

 

 

This is all speculation, but based on current trends let's be safely optimistic and assume that FB goes ahead with a rate of 4 months on average. This means it would take 25/(4-1) = 8.3 months for them to become cleared. Let's say 8 months. 

Also assume that in the meantime EB's rate stays what is it now and is not further accelerated; so it goes ahead with a rate of 2 months on average. This means by the end of that 8 months (computed for FB to get cleared), they would pull 8*2=16 months, so the ppl with DQ at 6/2020 + 16months = 10/2021 would be called for interview. That's already pretty damn close to dec 2021.

So I would say 8-9 months from now is a safe bet. So June 2023 would be IL for DQ at Dec 2021, if not sooner:

We know as a fact that USCIS was pretty damn slow due to covid during 2020 past March and throughout 2021, most definitely in the first half of that year at least. I think the number of people ahead of you in EB is definitely lower than the typical number. Long story short, I wouldn't be surprised if you get IL before June 2023, March 2023 even. Let's hope :)

 

Posted
18 hours ago, immishok said:

This is all speculation, but based on current trends let's be safely optimistic and assume that FB goes ahead with a rate of 4 months on average. This means it would take 25/(4-1) = 8.3 months for them to become cleared. Let's say 8 months. 

Also assume that in the meantime EB's rate stays what is it now and is not further accelerated; so it goes ahead with a rate of 2 months on average. This means by the end of that 8 months (computed for FB to get cleared), they would pull 8*2=16 months, so the ppl with DQ at 6/2020 + 16months = 10/2021 would be called for interview. That's already pretty damn close to dec 2021.

So I would say 8-9 months from now is a safe bet. So June 2023 would be IL for DQ at Dec 2021, if not sooner:

We know as a fact that USCIS was pretty damn slow due to covid during 2020 past March and throughout 2021, most definitely in the first half of that year at least. I think the number of people ahead of you in EB is definitely lower than the typical number. Long story short, I wouldn't be surprised if you get IL before June 2023, March 2023 even. Let's hope :)

 

Another thing is, FB priority date hasn't really moved during FY 2022, so there may not even be that many FB's that are DQ'ed left to interview. 

 
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