I need your advice

[mam521 2,062]

Tell him to go study   It will make it far easier for you to visit, further strengthening your case of a bonafide relationship and as long as his studies are legitimate, it will help him find work in the US once he is able to join you.  Chancy made an excellent point about gathering his civil documents prior to arriving in Canada.  

[carmel34 3,626]

3 hours ago, Val2215 said:

He will be in Canada for his program which is a year and a half.

Montreal is very backed up for spousal visa interviews, so plan on about another year from I-130 approval to interview.  You can also delay things at the NVC stage if he needs a bit more time to finish the program in Canada.  Hopefully you can time things right so that he still has legal status in Canada for the interview in Montreal.  Once the visa is granted, he will have six months from the medical exam to enter the US, so that will give him more flexibility.

[Val2215 5]

1 hour ago, carmel34 said:

Montreal is very backed up for spousal visa interviews, so plan on about another year from I-130 approval to interview.  You can also delay things at the NVC stage if he needs a bit more time to finish the program in Canada.  Hopefully you can time things right so that he still has legal status in Canada for the interview in Montreal.  Once the visa is granted, he will have six months from the medical exam to enter the US, so that will give him more flexibility.

Thank you for this advice as well. I think our best option is to act once We get the initial decision from I-130 which crossing fingers for end of the year 

[Val2215 5]

3 hours ago, mam521 said:

Tell him to go study   It will make it far easier for you to visit, further strengthening your case of a bonafide relationship and as long as his studies are legitimate, it will help him find work in the US once he is able to join you.  Chancy made an excellent point about gathering his civil documents prior to arriving in Canada.  

😁 The biggest benefit would be the ease of visiting. The flights back and forth from Nigeria to the US do take a toll.

[mam521 2,062]

2 hours ago, carmel34 said:

Montreal is very backed up for spousal visa interviews, so plan on about another year from I-130 approval to interview.  You can also delay things at the NVC stage if he needs a bit more time to finish the program in Canada.  Hopefully you can time things right so that he still has legal status in Canada for the interview in Montreal.  Once the visa is granted, he will have six months from the medical exam to enter the US, so that will give him more flexibility.

Montreal has improved dramatically on the wait time.  It's down to about 3-4 months from DQ to interview for IR/CR-1's.  

 

53 minutes ago, Val2215 said:

😁 The biggest benefit would be the ease of visiting. The flights back and forth from Nigeria to the US do take a toll.

Definitely!  And things like a 3 or 4 day weekend aren't out of the question if flights are available!  It definitely improves the marriage situation when you can actually be a couple!  

[pushbrk 12,882]

Big picture here.  Sure, he can go study in Canada, but if his program takes a year and a half from when it starts, you must consider that in how you time y our responses to NVC once the petition is approved.  He cannot both immigrate to the USA AND study in Canada.  His visa interview should be timed so that in comes no more than six months before he finishes his studies.  Immigrant spouse visas are for residing in the USA not for studying in Canada.

[Val2215 5]

13 hours ago, pushbrk said:

Big picture here.  Sure, he can go study in Canada, but if his program takes a year and a half from when it starts, you must consider that in how you time y our responses to NVC once the petition is approved.  He cannot both immigrate to the USA AND study in Canada.  His visa interview should be timed so that in comes no more than six months before he finishes his studies.  Immigrant spouse visas are for residing in the USA not for studying in Canada.

That is a great point I will also ask him if the program has a bit of flexibility in terms of being hybrid so he can leave. But possibly waiting for a decision for the I-130 would be best what do you think?

[Iamornext 29]

On 10/6/2022 at 7:43 AM, Chancy said:

*** Moved from Bringing Family of USC forum to IR1/CR1 Process & Procedures, where topics about I-130 for spouse of USC are discussed ***

 

 

Your spouse beneficiary studying in Canada will have no negative impact on the processing of your I-130 petition for him.  It might turn out to be better for him to be residing in Canada when it comes time to apply for his spouse visa as the wait time for interview in Montreal is currently shorter than that for the consulate in Lagos.

 

Are you saying he can get a  us visa  interview if he has legal presence in Canada? Like a visa? 

[Chancy 6,241]

8 hours ago, Iamornext said:

Are you saying he can get a  us visa  interview if he has legal presence in Canada? Like a visa? 

 

Legal presence has to be longer term, to be allowed to interview for an immigrant visa at Montreal.  So a visitor visa will not work, but a student permit will.

 

[Iamornext 29]

1 hour ago, Chancy said:

 

Legal presence has to be longer term, to be allowed to interview for an immigrant visa at Montreal.  So a visitor visa will not work, but a student permit will.

 

Thank you for the info 

 

1 hour ago, Chancy said:

 

Legal presence has to be longer term, to be allowed to interview for an immigrant visa at Montreal.  So a visitor visa will not work, but a student permit will.

 

 Thanks for the info, are you saying a student visa would work? 

[pushbrk 12,882]

4 hours ago, Iamornext said:

Thank you for the info 

 

 Thanks for the info, are you saying a student visa would work? 

A student visa will work.  Just examine your priorities and make your own decisions about his educational goals.  If he wants to go to school in Canada for a year and a half, you can delay the visa interview until less than six months from the end of his studies.  The visa is good for six months.

[Val2215 5]

On 10/8/2022 at 6:22 PM, pushbrk said:

A student visa will work.  Just examine your priorities and make your own decisions about his educational goals.  If he wants to go to school in Canada for a year and a half, you can delay the visa interview until less than six months from the end of his studies.  The visa is good for six months.

Thank you for the advice. We got further advice as well with some perspective, so I think it's best for Us to be a bit more patient.