appleblossom

This thread is 3 years old, things may have changed since then.

For London, yes. Approx 3 months from DQ date to interview date there (at least for spousal applicants and EB1 - I'd assume EB3 too as well, but not 100% sure as I don't think I've seen any others). I'd reckon IL later this month, interview in Sept going on current timelines if EB3 is treated the same as other visa categories.

It doesn't count for Canadian citizenship requirements, only for PR residency obligations. Citizenship requires physical presence in Canada of at least 1095 days in 5 years. BC also doesn't require payment (MSP fees were scrapped several years ago) and most provinces just have a minimum amount of days you need to be resident. But the OP hasn't asked about healthcare and I'm assuming is just focusing on the visa/residency side of things for now.

I think the OP wants Spain though as it'll be much quicker, so him proving residency in Australia won't help. Maybe if he moves back to Spain at the end of the year he could transfer then, if he's not already had his interview in Oz by then.

Are you absolutely sure about that? There are lots of cases from people resident in one country but with citizenship of another who have tried to switch consulates to speed things up and and been refused. Here's an example -

No, from when you're DQ'ed ('documentarily qualified'). So you pay the fees, wait for that to go through (about a week), then you submit the DS-160 and documents (note you have to courier/post your docs as an EB1 applicant, so add on a week or so for that too). Then you wait for NVC to DQ you, and then you are placed in the queue for an interview and your case is handed over to the consulate. Hope that helps, good luck.

Provincial healthcare would be lost after x amount of time, yes (depends on the province, most are 6 months residency per year to maintain it). But any Canadian PR living in the US with a Canadian citizen spouse would absolutely keep their Canadian PR status, even if they don't set foot in Canada for many years. Here's the relevant Op Manual for a bit of light reading - https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf23-eng.pdf

You didn’t send them your actual passport I assume, or originals of any docs?! Just copies? Nothing else to do now but wait, you won’t hear anything from them until you either get a RFI or are DQ’ed. Good luck.

What’s her Priority Date?

No, it won’t be sent to the NVC until your petition is approved - you’re at step 1 in the link above.

Your reference/receipt number should start with three letters, and that’s what tells you where it’s being processed i.e. TSC is Texas Service Centre. Also, seems like maybe you haven’t found this page? It’s really useful and sets the process out well - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html Good luck.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1466&top=10 HTH.

More info is needed really. Is one person a Canadian citizen and one a USC? And you’re hoping the Canadian citizen can get a green card and the US citizen can maintain their Canadian PR status? If the US citizen resides with the Canadian citizen then they will maintain their PR status even if living outside of Canada. Time spent with a Canadian citizen spouse in any country counts as time spent inside Canada for residency obligation purposes. However, the US has no such leniency and is much more strict. So the US citizen/Canadian PR may be able to ‘have their cake and eat it’ and live in either place after any amount of time out of the country, the other person can’t until they have dual citizenship.

The student just pays it back from the US.

Ah, ok, so you're from India or China? I understand the delay now.

PD for EB2 ROW is 15th Feb 2022 in this months Visa Bulletin so only people with PD’s before that date will be scheduled for interviews. Their PD is 29th Sept 2022, so they’ve got a while to wait.

Yep, checked the thread - I edited my post above. Their PD isn’t current.

Looking at the table in that thread, the only EB2 person I can see who was DQ’ed on that date was ‘snm2122’, but their PD isn’t current so of course they haven’t received an IL yet, they probably won’t until the end of the year at the earliest. Unless you mean someone else? If so please give a link to a post or their username as I’m not sure who it is.

Don’t remember off the top of my head, mid April I think?

Her actually. And it could be EB1 is prioritised, but it could also just depend on DQ date. Most consulates only send out IL’s once a month so if you get DQ’ed after the cut off date for that month, you have to wait until the next.

No, we had no reason to expedite. It will depend on the consulate, ours was standard for London.

I'd forget what your lawyer did or didn't do. Frankly, you don't have time to waste on that. You say you have one extra document to submit, but unless it's a Nobel prize, I'm struggling to understand how that will overcome all the reasons you've been given for rejection? You'll need a heck of a lot more evidence IMO.

Somebody above mentioned Googling your name - have you done that, and if so, what comes up? That was the very first thing our lawyers did before taking our case, as they said it's the first thing the immigration officer will do too. You'll need to be at the very top of your field (awards, published material etc) to qualify for EB2 NIW. Our lawyers were Fragomen if you want another opinion, but Chen is supposed to be excellent too, I've only heard good things. And they'll tell you if you have a realistic chance or not. Just checking that you're not planning on carrying on working now? In all honesty, it would be much easier to go home. It took our lawyers 3 months just to put our case together, any decent application isn't going to be quick.

EB2 was current until recently, so 6 months is perfectly feasible. Our whole EB immigrant visa application will be approximately 5.5 months from start to finish if all goes ok at our interview next week.

You can reapply immediately, but in all honestly I'm struggling to understand why you would - as said above, you don't seem to qualify? Plus you'll be unable to work for a long time, so spending a lot on sitting around waiting for another potential denial. If you're really determined to apply again and do it yourself, I'd recommend you at least have a consultation with a highly experienced EB2 NIW attorney, and then you'll know if you have a chance or not.