Interview Problem. I'm so confused.

[FEW 0]

I have called the Montreal consulate in the past and been deflected and redirected by the voice answering menus.

I called again just now. According to the consulate automated answering system, they are open for immigrant visa services between 8 and 11 am. Unfortunately, due to staffing issues they no longer offer live operator assistance, and they refer questions to the montreal-iv-dv@state.gov email address. Their web site is amcits.com.

I'm going to send another email to the consulate... and I'll try calling the USCIS. All very good ideas, thanks! I've also sent a message to the (US) National Academy of Sciences, and my wife is starting to get in touch with her congressman.

Apparently if you want to listen to pre-recorded telephone messages about visa requirements, or to potentially speak to live operators, there are telephone numbers that charge 1.89$ per minute. They take both credit cards, and also have a 1-900 service that bills the phone line automatically. (http://amcits.com/phone.asp)

I called the NCV (603 334-0700). They referred me to the Washinton visa center (202 663-1225), which hangs up after the voice message system as 'all operators are busy'. The USCIS number can't be called from Canada (800 375-5283), and it gives a 'this number cannot be reach from your calling area'.

there is a customer service line for the mtl consulate 514.398.9695, they answer calls in the afternoon (maybe between 2-4). you'll have to try different options to actually get through. you could inquire about next steps or turnaround time etc. failing this, you could simply contact USCIS for info on your scenario.

The National Academy of Science sent me back an email that is not tremendously helpful.

Dear Mr. FEW,

Thank you for contacting this office about your visa case.

Unfortunately we do not deal with immigrant visa issues and do not have any expertise in that field. This is because we only deal with the State Department which deals only with non-immigrant visas. Immigrant visas are mostly processed by DHS.

But, then it seems to me that your case has not been delayed yet, considering that your interview was on Jan. 18, 2008 (5 days). I believe DHS is legally enjoined to complete the process within 120 days - I am not sure about the exact time limit but it is definitely more than 5 days. Alternatively, since Canadian citizens can stay in the U.S. for up to 90 days at a time, without a visa, it might be a good idea to come live here with your wife as you wait for the process to be completed. I am sure the process would be completed within 90 days. You could also contact an immigration attorney for expert advice.

Sincerely, ...

My reply:

Thank you for your timely reply.

For your information, I am not allowed to come and stay in the US while waiting for my visa to be accepted. See the paragraph attached below. Also, I'm currently in processing with the US consulate in Montreal. I'm pretty certain that the consulate is a branch of the state department, not the DHS (for example, their email address is montreal-iv-dv@state.gov). Furthermore, I have visited my wife several times for about 3 weeks each time, however Canadian citizens are not allowed to spend more than 6 months in the US without a visa. I am nearing the 6 month limit and do not want to risk exceeding the allowed time.

As far as I know, the only restriction on the time for completion of the processing is that if it hasn't concluded within one year, then the application as a whole is discarded, and must begin again from scratch.

By the way, while looking at the new Montreal consulate web page, I found a paragraph that explicitly describe their policy towards people who have immigrant visas pending and want to visit the US. See the last paragraph on this page:

http://www.amcits.com/immigration_usa_relative.asp

Entry to the U.S. while Petition is Pending

All persons traveling to the U.S. as visitors or students, Canadian or other nationality, under U.S. law are deemed to be intending immigrants and thus inadmissible for temporary purposes until they have an immigrant visa in hand. The burden of qualifying for any visa for entry to the U.S. rests solely with the applicant. Entry to the U.S. is solely up to a Department of Homeland Security/Customs and Border Protection (DHS/CBP) officer at the Port of Entry. While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

If you need to contact NVC about immigrant visa processing please phone (603) 334-0700.

[thermophile 0]

has your wife gotten any response from her congressman? If you haven't heard back from that office within a week or so, I'd suggest moving on to one of her senators.

you should be able to visit as long as you show ties to Canada-but since you've turned in you diss and aren't really employed anymore, the border may not believe that you don't intend to stay. Why they decided that those of us that are actually going through the process are more likely to try to sneak into the country, I'll never understand. If we were going to just lie our way across the border, wouldn't we do that before paying all the fees, filling out all the forms, and waiting for months/years?

anyway, good luck

[LadyJane 1]

I am contacting our Congressman's office today. He and his office are generally very much "on the ball" with these matters and are very nice folks.

[FEW 0]

We've spoken to people in the congressman's office. We have been put in touch with the immigration and passport caseworker in the congressman's office, and now we're filling out some forms. Luckily, LadyJane is somewhat involved in local politics and so she knew who to speak with.

I completely agree with you about the 'intent' portion. While things are in process, what is the chance that anyone would intentionally screw it up? I guess their (well-founded) fear is that if they do reject anyone after they have gone to all that trouble for the application, how difficult it would be for them to deal with (ie. remove) the person afterwards. Also, how frustrated people would be if they were *allowed* to screw up their application by going across more than allowed while things were in process. Then again, they already give people false information to get them to leave and bar them from the US for the ever-feared decadic lockout.

This experience is changing how I do email. I now look at gmail about once an hour in a lottery-number-checking fervor. heh.

Thanks!

has your wife gotten any response from her congressman? If you haven't heard back from that office within a week or so, I'd suggest moving on to one of her senators.

you should be able to visit as long as you show ties to Canada-but since you've turned in you diss and aren't really employed anymore, the border may not believe that you don't intend to stay. Why they decided that those of us that are actually going through the process are more likely to try to sneak into the country, I'll never understand. If we were going to just lie our way across the border, wouldn't we do that before paying all the fees, filling out all the forms, and waiting for months/years?

[FEW 0]

Yarg.

We heard back from LadyJane's congressional office today.

My case is now officially in Washington.

Estimated time: 2 Months.

From the email response:

His case has been sent to Washington, D.C., for additional review, and while this is not unusual, it obviously will cause a delay. The time line for completion could be as long as two months, they said, and that has been my time line experience.

I wonder if the consulate will email me at some point next week (7-10 business day delay), or if they'll just leave it at "we will complete our administrative work and advise you soonest" until the processing is done. (Sounds like a Mantis review.)

Edited January 25, 2008 by FEW

[Nutty 2]

On "administrative processing" forum...

I posted a US State Department doc from 2006 which is a guideline for Consular Officers. Goes into detail about Visa Condor, Visa Mantis, Visa Eagle and all the other animals (code) for special checks.

[FEW 0]

For what it's worth, here's a direct link to the administrative processing post with the PDF file link.

Thanks again Nutty.

On "administrative processing" forum...

I posted a US State Department doc from 2006 which is a guideline for Consular Officers. Goes into detail about Visa Condor, Visa Mantis, Visa Eagle and all the other animals (code) for special checks.

[thermophile 0]

sorry to hear that it's going to take 2 more months. hopefully your's will be quicker

[trailmix 77]

sorry to hear that it's going to take 2 more months. hopefully your's will be quicker

Yes - hoping it will be quicker than that! How annoying for you both.

[FEW 0]

Yeah, it really sucks.

Hopefully the university and congress people will be able to help in a few weeks. At the very least, the case might get some level of priority.

I hope you don't get AP'd in your interview! You must be getting excited.

[FEW 0]

Hooray!

Last week I was sent the following email...

Good afternoon,

Please be advised that we will be able to issue your visa. Unfortunately your Canadian police certificate will expire in less than two weeks

and you will require a new one. Once you have your new police certificate please send it to our office along with your passport so we may

complete your visa processing soonest. Please feel free to contact me if you require any assistance.

Thank you for your patience and understanding.

Operator 6

So ... soon ... now ...

For what it's worth, I looked around, and you *CAN* get police certificates directly from the RCMP for 25$ in one day, rather than the 50$ & 7-10 days that I had previously been told.

In Montreal the RCMP don't issue police certificates directly, but instead refer people to a company that charges 50$ to get the Charlottetown RCMP to mail certificates back to people.

http://www.rcmp-grc.gc.ca/qc/faq/faq_e.htm#certificat

However, if you go to other RCMP detachments in Quebec, they issue them on the spot for 25$. St-Jerome is the nearest. They only offer the service on Tuesday and Thursday mornings from 8:30 -11:30 AM. Valleyfield is open Monday to Friday, from 8:00 to 12:00 and 13:00 to 16:00, but they're further away.

http://www.rcmp-grc.gc.ca/qc/detach/detac_e.htm

Hopefully I can save someone else from this "stupid tax".

Few

[Chica Yeyé 41]

That's awesome news FEW!!!! Finally!

[Pappu1980 0]

Congrats

[TinTin and Samby 11]

Great news! Way to keep the faith and work the system!!!

Warm Regards,

Samby

[FEW 0]

I am definitely somewhat jaded by the random acts of delay (RAD?), but absolutely thrilled that it'll all be over soon. Thanks to everyone for all the support!

Few