Filing CR1 in Toronto

[Johnnny 0]

Hi VJ friends,

After over staying of I-194 from Dec. 28, 2008 my wife is out in USA she's back to Toronto, she is not a Canadian citizen but she still have her working visa in Toronto and her working permit is still good she wants to stay in Canada and work instead of going back to her country ..here is my question is she can apply a CR1 visa in Toronto even she is not a canadian citizen? I know there are a lot of smart people about immigration thing in here so im hoping i can have my curiosity answered about this matter..thanks!

Edited June 5, 2009 by Johnnny

[YuAndDan 153]

Firstly, CR-1 REQUIRES a US citizen/spouse to file the I-130 Petition to USCIS and foreign citizen becomes the beneficiary.

Second, US citizen/spouse may file the I-130 directly to the consulate only if they have been resident in Canada for at least 6 months. If NOT resident in Canada for 6 months then they file the I-130 to USCIS in the USA.

Edited June 5, 2009 by YuAndDan

[Johnnny 0]

Firstly, CR-1 REQUIRES a US citizen/spouse to file the I-130 Petition to USCIS and foreign citizen becomes the beneficiary.

Second, US citizen/spouse may file the I-130 directly to the consulate only if they have been resident in Canada for at least 6 months.

Thanks Yuand Dan,

Here's the thing my wife been working in Toronto from Aug. 2007 to August 2008 she came to US as a tourist visa and i marry her...since it's risky to adjust her status from her tourist visa she needs to go out before 180 days of her over stay so since she still have her working visa and working permit in Toronto she decided to go back to work and apply her CR1 visa do you think we did a good move? This immigration thing is a headache...

Edited June 5, 2009 by Johnnny

[Nik+Heather 121]

You wouldn't be the first couple to specify a consulate in a different country than the country of citizenship of the beneficiary.

On the petition, there should be a spot to specify which consulate you want them to send the petition to when they are through with it (Like question 22 on the I-130). If your wife has an unexpired visa which you think will allow her to stay in Canada legally until the CR1 is through, then you can choose a Canadian consulate.

There are others who have done similar, user MARM comes to mind, her fiance is Pakistani, but a student in the UK, so they are going through London. That's for K1 though. You should double check to make sure it works for CR1 as well.

Edited June 5, 2009 by Nik+Heather

[YuAndDan 153]

One note, interview should happen in country of "Residence" Canada, so the consulate that will do it will be in Montreal.

[Johnnny 0]

One note, interview should happen in country of "Residence" Canada, so the consulate that will do it will be in Montreal.

Her two 12 and 10 years old kids are back in her country is anyone knows the procedure of their processing? away from their mom for their mom is Toronto. I understand they are on a CR-2. Thanks

[YuAndDan 153]

One note, interview should happen in country of "Residence" Canada, so the consulate that will do it will be in Montreal.

Her two 12 and 10 years old kids are back in her country is anyone knows the procedure of their processing? away from their mom for their mom is Toronto. I understand they are on a CR-2. Thanks

You file an I-130 for each person immigrating, so 3 I-130's

Better to specify interview will happen in her home country where the children are.

File ALL three petitions together.

For wife's I-130 follow this guide: http://www.visajourney.com/forums/index.ph...page=i130guide1

Each child's I-130 need a copy of marriage cert, and copy of the child's birth cert.

[Johnnny 0]

One note, interview should happen in country of "Residence" Canada, so the consulate that will do it will be in Montreal.

Her two 12 and 10 years old kids are back in her country is anyone knows the procedure of their processing? away from their mom for their mom is Toronto. I understand they are on a CR-2. Thanks

You file an I-130 for each person immigrating, so 3 I-130's

Better to specify interview will happen in her home country where the children are.

File ALL three petitions together.

For wife's I-130 follow this guide: http://www.visajourney.com/forums/index.ph...page=i130guide1

Each child's I-130 need a copy of marriage cert, and copy of the child's birth cert.

Thanks Yuand Dan...you really are a good adviser..thanks a lot

[Johnnny 0]

One note, interview should happen in country of "Residence" Canada, so the consulate that will do it will be in Montreal.

Her two 12 and 10 years old kids are back in her country is anyone knows the procedure of their processing? away from their mom for their mom is Toronto. I understand they are on a CR-2. Thanks

You file an I-130 for each person immigrating, so 3 I-130's

Better to specify interview will happen in her home country where the children are.

File ALL three petitions together.

For wife's I-130 follow this guide: http://www.visajourney.com/forums/index.ph...page=i130guide1

Each child's I-130 need a copy of marriage cert, and copy of the child's birth cert.

Thanks Yuand Dan...you really are a good adviser..thanks a lot

Is it every child petition seperated envelope?

[Johnnny 0]

One note, interview should happen in country of "Residence" Canada, so the consulate that will do it will be in Montreal.

Her two 12 and 10 years old kids are back in her country is anyone knows the procedure of their processing? away from their mom for their mom is Toronto. I understand they are on a CR-2. Thanks

You file an I-130 for each person immigrating, so 3 I-130's

Better to specify interview will happen in her home country where the children are.

File ALL three petitions together.

For wife's I-130 follow this guide: http://www.visajourney.com/forums/index.ph...page=i130guide1

Each child's I-130 need a copy of marriage cert, and copy of the child's birth cert.

Thanks Yuand Dan...you really are a good adviser..thanks a lot

So if she gonna file her IR/CR1 in her country each I-130 is seperates with the corresponding check on each form and put together in one envelope? together with all requirements that is on the CR1 guidelines and no need the birth certificate of each child?

Edited June 6, 2009 by Johnnny