IR-1 spouse visa and the student visa

[IgotSomequestions 0]

Hello,

my wife is from India and I'm a United States Citizen, if I file the forms necessary for a IR-1 in America, and she ends up getting a student visa to study in Canada as Graduate student (she is getting into a PhD program), can I transfer her embassy to Canada when she arrives (after DQ happens)?

[Chancy 6,243]

3 minutes ago, IgotSomequestions said:

can I transfer her embassy to Canada when she arrives (after DQ happens)?

 

Yes.  You may request NVC for case transfer even before DQ.  Just need to submit a scan of your wife's valid student visa as proof of long-term residence in Canada.

 

Reminder to get your wife's Indian police certificate from the Regional Passport Office before she leaves India, in case she hasn't already done so.

 

[JeanneAdil 6,670]

And understand the IR 1 will take 2 or more years so she could be back in India

that would mean a Canadian police report would be needed before she leaves for home

[IgotSomequestions 0]

22 minutes ago, JeanneAdil said:

And understand the IR 1 will take 2 or more years so she could be back in India

that would mean a Canadian police report would be needed before she leaves for home

Does it not take 1.5 years if her embassy changes to Canada? Assuming. She will be there for 4 years so I doubt that would be an issue. 

[Chancy 6,243]

2 minutes ago, IgotSomequestions said:

She will be there for 4 years

 

Oh, if she will be in Canada for 4 years, probably not a good idea to get her Indian police certificate yet.  Unless she does not intend to return to India (not even for visits) for the entire duration of her stay in Canada.

 

[JeanneAdil 6,670]

2 hours ago, IgotSomequestions said:

Does it not take 1.5 years if her embassy changes to Canada? Assuming. She will be there for 4 years so I doubt that would be an issue. 

plan on 2 or more 

Canada is also backed up

Last spring they promised it would take less time as filing online would make it more streamlined/haven't seen it happen yet

[Redro 4,612]

3 hours ago, IgotSomequestions said:

Does it not take 1.5 years if her embassy changes to Canada? Assuming. She will be there for 4 years so I doubt that would be an issue. 

Make sure you have the timing right. Will she complete her studies in Canada or will she transfer to the US? When do you plan to file the I-130? 
 My suggestion is to file as soon as she arrives to Canada and then delay at NVC stage if she wants to complete her studies in Canada. Or have her enter the US once the visa is issued and apply for a travel permit allowing her to stay outside of the US for 2 years. 

Edited January 19, 2023 by ROK2USA

[pushbrk 13,133]

4 hours ago, IgotSomequestions said:

Does it not take 1.5 years if her embassy changes to Canada? Assuming. She will be there for 4 years so I doubt that would be an issue. 

A 4 year masters program??  If she'll be in Canada 4 years, it makes no sense to start a spouse visa process now.  Once she gets and uses the visa, she needs to make the USA her primary residence and stay in the USA more time than she is out.

[Redro 4,612]

1 minute ago, pushbrk said:

A 4 year masters program??  If she'll be in Canada 4 years, it makes no sense to start a spouse visa process now.  Once she gets and uses the visa, she needs to make the USA her primary residence and stay in the USA more time than she is out.

PhD not masters. 

[pushbrk 13,133]

1 minute ago, ROK2USA said:

PhD not masters. 

Ahh.  Same advice though.

[IgotSomequestions 0]

4 hours ago, JeanneAdil said:

plan on 2 or more 

Canada is also backed up

Last spring they promised it would take less time as filing online would make it more streamlined/haven't seen it happen yet

Just for the sake of future readers, could you tell me where you learned of the back up in Canada? It seems like there is none, and note I’m just asking for the sake of future readers. Since past threads have helped me a lot.

 

thanks. 

[Chancy 6,243]

47 minutes ago, IgotSomequestions said:

could you tell me where you learned of the back up in Canada?

 

Canada does not have much backlog for CR1/IR1 cases anymore.  Wait time from DQ to interview letter is currently around 3 months only, based on updates from VJ members going through the process at Montreal --

 

 

[pushbrk 13,133]

40 minutes ago, Chancy said:

 

Canada does not have much backlog for CR1/IR1 cases anymore.  Wait time from DQ to interview letter is currently around 3 months only, based on updates from VJ members going through the process at Montreal --

 

 

Yes, but over time the backlog has been like a yoyo.  Who knows what it will be in 2024?  Hope for the best.

[pushbrk 13,133]

1 hour ago, IgotSomequestions said:

Just for the sake of future readers, could you tell me where you learned of the back up in Canada?

Check my member since date.  It's 2005,  Been around for 17 years.