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

This is way over my head

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.

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.

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...

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.

double posted, sorry

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!

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.

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.

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.

Yikes. Let the lawyer go and don't spend any more money on them. Only you, the beneficiary, needs to go back to the UK.

Now that your case is complete the best thing to dos is Get rid of the lawyer, ask for your case to be transfered to the UK( You ask the NVC) Once you get Confirmation from the UK that they have all your case files you can go for the Interview. Co-sponsor is not required not even your wife is needed. Its very sad that a lawyer will misrepresent so much information. Good luck. Going to the UK Will be the fastest route I think

WOW... that lawyer is horrible. Dump that lawyer ASAP.

USC and sponsor are not required to go to the interview. Only the applicant (yourself) is required.

I'd contact the NVC soon and get it transferred to the UK. It may be expensive to have to go back to the UK for your interview but that's pretty much your only option since you don't have legal presence in Canada. You can use it as an opportunity to say goodbye to family and friends too.

Good luck!

OK,

Still trying to figure this out, I called the NVC and they said it shouldnt be a problem having a visitors visa. I sent an email to Montreal and they said "visitors cannot have their cases pending here. You will have to go back to your home country". That answer was a bit vague so not sure... Anyway, if I do transfer the case back home, whats the story with a medical. I would want to go for just a few days, get the interview and hopefully fly back into the US shortly afterwards. When you have a medical do you get the results straight away? Could I have the medical in Canada and go home with the results?
Also, the NVC has our lawyer as our contact, I don't want to slam my lawyer yet in case he decides not to forward any letters/docs from the NVC to me. Although since our case is complete, do I even need a lawyer anymore, as I can just call the NVC to find out when the interview is (I think).
This is all a bit messy, any thoughts or suggestions? Thanks everyone for your input on this so far. Wish I found this site before I found my lawyer.

I don't think there's a way to sugar coat this and by no means am I trying to be to harsh....but.

It sounds like settling in Canada hasn't turned out to be the appropriate approach when neither of you are truly residents here. Montreal's answer is probably the most direct and accurate since they are the ones who will eventually process you (or not).

Why would you want to continue living here (possibly illegally) while waiting for your interview in the UK? Why not return home and take advantage of being able to work while you wait?

I don't know how quickly the medical is done in the UK in comparison to Canada...here it is done after you receive a package 3 from the consulate, but before the interview - which it doesn't seem like you will be doing in Canada anyway. I would imagine it might be difficult for you to provide the appropriate vaccination records and any medical history if you aren't in the UK.

Good luck - I'm jealous of the shorter waiting period through the UK myself - sounds like a win-win situation if you return home - and yes, being apart from your spouse for potentially long periods of tiome can be very very hard....

Cheers

Your best bet is to ask other UK people on VJ about the panel physicians there and how long it takes to get the medical after your appointment. You should also inform the NVC about interviewing in the UK as opposed to Canada. Also ask the UK consulate if you can get your medical done in Canada instead of the UK.

Unfortunately, it doesn't matter that the NVC says that you're allowed to interview in Montreal because if Montreal says it's a no-go, it's a no-go. Every consulate is allowed to have their own rules for certain things. I think the answer they gave you is quite clear, "visitors cannot have their cases pending here. You will have to go back to your home country." Not sure what is vague about that.

You should also inquire with the NVC about ditching your lawyer and the choice of agent and how to change that with them.

Good luck with everything!

Again, like Udella & Wiz said, I am going to be a little harsh.

Neiks told you (and she used to work for Canadian border agency) and she's right, you are dangerously close to be deported. If you ARE, you will have mighty "X" in your file, not be able to file in Montreal and delay the process for God knows how long. Why? Because somewhere in the applications it asks you "have you ever been under immigration proceedings?" (though that may be for the US....)

Going back to the UK and transfering your case there assures not only a swifter interview time (ask folks in the UK forum), but give you the peace of mind of not having to be grabbed by CIC or Canadian Customs and shipped back to the UK.

As per the medical, a Canadian medical does not have bearing in the UK. Canadian medicals depend on who the doctor is (mine took a sweet 2 weeks, others take way less). Ditto what U&W said about vaccination records (though this can be cirumvented by a titration test). Also, if you don't have provincial health insurance, from the little I know about Canada's health care system, I would think no doctor will give you the medical anyways.- Or would charge you more than the usual 250-300 dollars.

Again my dear friend, seems you are playing with fire here. Do not put at risk your opportunity to be united with your wife. It's a hard decision but if you think about it, not that hard.

Good luck in your process and please be careful - wouldn't want you facing a ban for illegal stay in a third country - and that can happen, so why risk it?

Peace, L.

OK Thanks everyone for your repsonses again.
One thing I should make clear is: I do have a visa for Canada, I got it extended twice so far, so I'm not here illegal, just visiting. Another thing I can't figure out is this: Why would the NVC complete my case, assign me a MTLxxxx case number, and put me in the waiting list for Montreal interviews if I can't have the interview there?

I am sure NVC doesnt determine the applicant's eligibility and their status in the respective country, they leave that to the local consulates.

I do believe that there is not a spot on the I-130 appliation that asks if you are have "legal residence status" in Canada. They are just going by the Canadian address that you proviced on your application.... which I assume is the address you are "visiting" at. A visitor visa does not give you legal residence status in Canada. It gives you privledge to visit on the terms that you are not working or studying in Canada and have the means to support yourself while in the country. I believe in your original post you stated you were running out of funds. If you no longer have the means to support yourself in Canada and can not legally work, then your welcome as a visitor to Canada is going to run out.

One little thing to add. Even though you've gotten this far, all the documentation up to this point that you have received has said this does not guarantee a visa. I have read on here cases where the initial paperwork was approved by USCIS, but then when it gets to the Department of State, they have every right to deny the petition. I would go with Montreal's response and the others on here. Even if you end up "visiting" Canada until the interview.. it would be a whole lot of time wasted since Montreal has already given you their answer. I'm sorry this process has gotten so messy for you. Best wishes for you and your spouse.

I wish you luck as well, I'm sure this is tough on you.

The thing is and what I think you are asking? is - what if you just stay in Canada and wait for an interview to be scheduled by NVC and hope Montreal accepts it and you go to the interview in Montreal.

Although they have said they won't process it - let's just say that NVC requests it and it goes through and you get your interview.

There is nothing to stop them from denying you at the interview because they can't process your visa in Canada.

I guess what I am saying is that yes, sure, it could slip through - but you risk showing up in Montreal and being sent away with nothing - but of course if you think it is worth a try - well that's up to you.

OK, thanks everyone for your replies especialy trailmix, misa,len and bren, neiks. Very informative. I guess the proper way to do this without causing more problems would be to have the interview at home. Ill let you know what happens. Good luck with all your cases and interviews..