Wait here or not here?

[manda 1]

Hi

I posted a message complaining about my lawyer in another part of this forum. I have a serious problem and hoping someone can help me. i'm from the UK and tried to enter the US back in november to visit my girlfriend. I was denied entry (mainly because I had a one way ticket). I then came to Canada and she moved up here with me and we began to talk to lawyers. Evey lawyer we saw said the best thing we can to, so that we can live together in the us, is to get married and apply for a K visa. They all said this process should take 6 - 9 months. So we got married in December and used a lawyer to start the visa process.

Neither of us can work here and are seriously running out of money. Our case was only completed September 5th and from reading these forums it seems we have 6 more months to wait for an interview in Montreal. Our visa type is a CR-1. Our case is probably different from most, given that neither of us are Canadian, are we still in the same timeline as everyone else? I'm trying to figure out if I should move back home to wait it out or what? No lawyer has ever said it would be this long, 10 months so far. Isn't it the NVC that schedule the interview with Montreal? Will calling Montreal give any indication? the NVC aren't very helpful with timelines etc...

Any help, thoughts or suggestions would be greatly appreciated.. Thanks

[Jasman0717 9]

This is way over my head

[lynamon 0]

A lady that had started work at my office just before I left for the US had come from South Africa into the US and then came into Canada. She's applied for immigration to Canada and while her application is being processed she is legal to work in Canada (regardless to whether or not her application is rejected). You should look into this option while you wait for your interview in Montreal.

[Delicia 1]

Canada will provide an 'open work permit' for those people who have applied to Canada for immigration and have reached 'first stage approval.' The fee is $150 for the OWP application. First stage approval, at best, is a 4 month wait for people applying under family class (e.g. spouse of a Canadian). The wait is even longer if the application is for Skilled Worker class. I don't think this is an option since they are applying for immigration to the U.S. and not Canada.

It seems like it might be easier to attempt a border crossing into the U.S. again, so at least the U.S. citizen can work. The U.K. national will have to prove he is 'just visiting' and plans on leaving the U.S.

[misa 2]

Your timeline for an interview in Montreal should be the same as everyone else waiting for a CR-1 interview there. Unfortunately the NVC is at the mercy of Montreal as well and how many interview "slots" they have free each month so calling Montreal for a interview will be fruitless (they'll just tell you to contact the NVC).

Are you on any specific visa in Canada or just a visitor? Maybe someone can shed more light on this but there is a possibility that you may be asked to show legal presence at the interview in Montreal and I don't think visitors count. <--- someone else please correct me if I am wrong.

Have you checked the timelines for UK interviews? It may be faster to interview back in the UK...

Edited September 13, 2007 by misa

[Chica Yeyé 41]

Are you on any specific visa in Canada or just a visitor? Maybe someone can shed more light on this but there is a possibility that you may be asked to show legal presence at the interview in Montreal and I don't think visitors count. <--- someone else please correct me if I am wrong.

Have you checked the timelines for UK interviews? It may be faster to interview back in the UK...

Indeed misa, Visitor visas do not count and you need to prove legal residence in Canada in one of the following ways:

1.- Citizenship or landed immigrant status.

2.- Work permit

3.- Study permit

4.- Minister's permit

And yup, the processing in the UK seems to be way faster than MTL.

To the original poster: your case will go through the same channels as everyone else's. The only folks allowed expedited processing are members of the US armed forces (again, someone correct me if I am wrong).

You can always apply to Citizenship and Immigration Canada for a temporary work permit under the grounds of compassionate and humanitarian cases.

Good luck, L.

[Chica Yeyé 41]

double posted, sorry

Edited September 13, 2007 by Len_and_Bren

[misa 2]

Lenina, thanks for clarifying my thoughts about the "legal presence" issue because that would cause them problems once their case got to Montreal.

I guess the OP has two available options:

- apply for some sort of Canadian permit

- have the NVC change their address and interview in the UK instead

Good luck with your decision!

[neiks 19]

From the sounds of things you both are living illegally in Canada. Do either of you have residences in your home country? Have you been "visiting" Canada for longer than 6 months?

Why woudn't you return to the UK and bring your wife over there with you so at least one of you can work while the US process is going? I think your only option is either go back to your home countries and wait it out or get a good lawyer before Canada Immigration finds out deports both of you.

[manda 1]

From the sounds of things you both are living illegally in Canada. Do either of you have residences in your home country? Have you been "visiting" Canada for longer than 6 months?

Why woudn't you return to the UK and bring your wife over there with you so at least one of you can work while the US process is going? I think your only option is either go back to your home countries and wait it out or get a good lawyer before Canada Immigration finds out deports both of you.

OK, thanks for all your responses, got much more info here in one day than from my Canadian "lawyer" in a year. I just have a visitors visa for Canada, I've been here longer than 6 months but the "lawyer" has extended my canadian visa twice already. My wife just "visits" me as we are close to the US border. I never knew that having a visitors visa is not sufficent for going to the interview in Montreal. No lawyer has ever told us that. Looks like we'll have to put our thinking caps on.. Thanks again for the replies

[Glady 0]

From the sounds of things you both are living illegally in Canada. Do either of you have residences in your home country? Have you been "visiting" Canada for longer than 6 months?

Why woudn't you return to the UK and bring your wife over there with you so at least one of you can work while the US process is going? I think your only option is either go back to your home countries and wait it out or get a good lawyer before Canada Immigration finds out deports both of you.

OK, thanks for all your responses, got much more info here in one day than from my Canadian "lawyer" in a year. I just have a visitors visa for Canada, I've been here longer than 6 months but the "lawyer" has extended my canadian visa twice already. My wife just "visits" me as we are close to the US border. I never knew that having a visitors visa is not sufficent for going to the interview in Montreal. No lawyer has ever told us that. Looks like we'll have to put our thinking caps on.. Thanks again for the replies

Manda I think the best thing to do Now ISgo back to the UK and have montreal transfer your case there for the following reasons

1. The consulate in montreal will ask you for your legal residency In canada tha is are you a citizen or landed immigrant.

2. You will get an Interview faster than waiting on montreal.

3. There was a lady here with similar aproval date to mine which is may. She transfered to Romania and is already got the VISA and into the US. AT this rate you will be looking at 6 months on montreal vs. 2 months from UK.

[Jeremy + Kristy 0]

From the sounds of things you both are living illegally in Canada. Do either of you have residences in your home country? Have you been "visiting" Canada for longer than 6 months?

Why woudn't you return to the UK and bring your wife over there with you so at least one of you can work while the US process is going? I think your only option is either go back to your home countries and wait it out or get a good lawyer before Canada Immigration finds out deports both of you.

OK, thanks for all your responses, got much more info here in one day than from my Canadian "lawyer" in a year. I just have a visitors visa for Canada, I've been here longer than 6 months but the "lawyer" has extended my canadian visa twice already. My wife just "visits" me as we are close to the US border. I never knew that having a visitors visa is not sufficent for going to the interview in Montreal. No lawyer has ever told us that. Looks like we'll have to put our thinking caps on.. Thanks again for the replies

In order to help alleviate their backlog, Montreal had just recently (June, I think) stopped accepting visa applications from third-country nationals such as yourself.

[manda 1]

From the sounds of things you both are living illegally in Canada. Do either of you have residences in your home country? Have you been "visiting" Canada for longer than 6 months?

Why woudn't you return to the UK and bring your wife over there with you so at least one of you can work while the US process is going? I think your only option is either go back to your home countries and wait it out or get a good lawyer before Canada Immigration finds out deports both of you.

OK, thanks for all your responses, got much more info here in one day than from my Canadian "lawyer" in a year. I just have a visitors visa for Canada, I've been here longer than 6 months but the "lawyer" has extended my canadian visa twice already. My wife just "visits" me as we are close to the US border. I never knew that having a visitors visa is not sufficent for going to the interview in Montreal. No lawyer has ever told us that. Looks like we'll have to put our thinking caps on.. Thanks again for the replies

In order to help alleviate their backlog, Montreal had just recently (June, I think) stopped accepting visa applications from third-country nationals such as yourself.

OK,

Still trying to think about this, or lawyer has told us lots of untrue stuff. We have a co-sponsor who filled out an affidavit of support. Our lawyer told us that all 3 of us (My wife and I, and our co-sponsor) HAVE to go to the interview in Montreal. I read somewhere that only 1 US citizen is allowed into the interview with the benificiery. If I do go back to the UK would all of us have to go?? or just me?

Thanks

[Jeremy + Kristy 0]

From the sounds of things you both are living illegally in Canada. Do either of you have residences in your home country? Have you been "visiting" Canada for longer than 6 months?

Why woudn't you return to the UK and bring your wife over there with you so at least one of you can work while the US process is going? I think your only option is either go back to your home countries and wait it out or get a good lawyer before Canada Immigration finds out deports both of you.

OK, thanks for all your responses, got much more info here in one day than from my Canadian "lawyer" in a year. I just have a visitors visa for Canada, I've been here longer than 6 months but the "lawyer" has extended my canadian visa twice already. My wife just "visits" me as we are close to the US border. I never knew that having a visitors visa is not sufficent for going to the interview in Montreal. No lawyer has ever told us that. Looks like we'll have to put our thinking caps on.. Thanks again for the replies

In order to help alleviate their backlog, Montreal had just recently (June, I think) stopped accepting visa applications from third-country nationals such as yourself.

OK,

Still trying to think about this, or lawyer has told us lots of untrue stuff. We have a co-sponsor who filled out an affidavit of support. Our lawyer told us that all 3 of us (My wife and I, and our co-sponsor) HAVE to go to the interview in Montreal. I read somewhere that only 1 US citizen is allowed into the interview with the benificiery. If I do go back to the UK would all of us have to go?? or just me?

Thanks

One US citizen is allowed, but not necessary. Many people go to their interviews by themselves.

[trailmix 77]

OK,

Still trying to think about this, or lawyer has told us lots of untrue stuff. We have a co-sponsor who filled out an affidavit of support. Our lawyer told us that all 3 of us (My wife and I, and our co-sponsor) HAVE to go to the interview in Montreal. I read somewhere that only 1 US citizen is allowed into the interview with the benificiery. If I do go back to the UK would all of us have to go?? or just me?

Thanks

Ok that's just weird. The co-sponsor does not attend the interview - obviously this 'lawyer' and I use the term loosely - knows nothing about immigration.

Only the beneficiary is actually required to go to the final interview.