My wife and stepchildren have already been issued K3 and K4 visas and joined me in the United States. They had their Visa interview at the Montreal Consulate in May 2006.

We have recently received a letter from the U.S. Department of State, National Visa Center, to appear in Montreal for ANOTHER interview, this time for "immigrant visa processing."

The letter does not say, but I assume it is related to the I-130 application.

We are confused and were not expecting another Montreal appointment. I called the Montreal consulate and they were of little help in explaining the purpose of this interview.

The appointment is in one week, it would be very difficult for us to make it there on time.

Does anyone know what this second appointment is for?
Is there any way to avoid it?
Can we proceed with applying for AOS without attending the appointment in Montreal?
Other thoughts?

Any help/insight on this would be greatly appreciated!!

Sounds like it is for the CR-1, the IMMIGRANT VISA as the K3 is the non-immigrant visa. If you don't go then you would have to do AOS, I would think.

Huh?

It doesn't work that way ..............does it?

You must have been sending money and forms to the NVC all this time? Big chunks of money?
If this is not for the Immigrant Visas, I can't imagine what it is for. What do you mean MTL couldn't explain the purpose?

You can abandon the IV application and interview (if that is what the appt is for) and file AOS, but it would be throwing out hundreds of $$$. And spending them again for the AOS. And they have your original documents, too, don't they?

Sorry.. once the file is at the consulate.. you cannot file for AOS unless you go through the entire process all over again by filing a new I-130 and I-485 to the Chicago lockbox... That would waste precious time and money...

I suggest you get in contact with Montreal to either

1) Get the appointment rescheduled.. or if they wont do that...

2) Get your butts up to Montreal. Do whatever it takes. I am serious in saying that there is probably little more important in your lives than making it to this appointment. If you miss your appointment, your K status will be cancelled and you will be in the US without status.

Yikes, looks like I may have made a big mistake. I thought I was following proper procedures but I think not. I HAVE been sending big hunks of money and documentation to the NVC, but I thought you had to pursue both the K visa and the I-130 at the same time.

So what happens after the Montreal Consulate appointment for the immigrant visa? Is this where my spouse and stepchildren get a green card?

I thought I had to file an I-485 regardless of the disposition of the I-130, is this the case?

Very confused and feeling very dumb...

awwww
Don't feel dumb, everyone gets confused and misunderstands sometimes........just get ur fannies to Montreal and get those greencards!!!! Move heaven and earth if you have to.
Good Luck to ya!!

Yes.. this is where your spouse and stepchildren get their Immigrant Visa... They will become Permanent Residents of the US once they enter the US on the Immigrant Visas at the POE. The Green Cards will follow in a few months.



You could have taken two routes to get Permanent Resident Status when you got the K3..

1) (the route you chose) is to get your Permanent Resident Status by getting an Immigrant Visa from the COnsulate in your home country

2) File an I-485 with the Chicago lockbox and get an interview at your local USCIS DO. To do this, you would have had to call the NVC and get them to transfer your I-130 back to USCIS after you filed the I-485.