Can my Wife move to the US

[afmiller 0]

Hello,

I am currently living in Canada and got married to a Canadian. In a few months both my Wife and myself need to head to the US because of me being moved for the military. We originally thought that we could get the green card up here in canada, but the whole system is convulated and the Montreal Consulate and the DHL Courier have been screwing up and have caused delays. Is there any form I can fill out to have my wife move to the US and finish the IV in the US. I started to read about the 'Employment Authorization Document', is it possible to file for one of these while we have the IV process on going. We do have a case number already. Thanks for the help

[canadian_wife 1,785]

Your wife can only move to the US with an immigrant visa. And if you've started the process in Canada (which sounds like you have...where in the process are you?) you'll need to finish it in Canada

Did you file directly with the consulate? Could you give more information as to where you are in the process?

Good luck

[afmiller 0]

I'm till a little fuzzy on the DCF. I went to Toronto to file the I-130 which was accepted. Paperwork got sent to Montreal. Montreal sent me a pack which was late cause they misplaced the first one. After which I got the papers together the DS-230 I think it was. I had to fight with the CSC for about a month and 1/2 over e mail cause they didnt understand that the local DHL courier had no idea what to do. After that finally in december I recieved a letter saying that I forgot a Checklist pdf which I didnt see was required in the paperwork. After the christmas holiday I e mailed Montreal Consulate to ask them about the paper if it needed to be filled or left blank, got the auto gen reply, we will respond in 2 weeks if it meets our critera response, after 2 weeks I got no reply, cause of the message saying its not about certain stuff we wont even reply. So.... I e mailed the CSC to ask them about it, they said they only do the send of paperwork and scheduling appts for the consulate. After that reply (like 1 day) I e mailed the Consulate again, its been over 2 weeks and still no reply, I decided to send a paperwork in blank with a letter saying that I have tried to contact you via e mail with no response and I didnt know if it should be blank or filled. Yesterday I was having issues with DHL again. This entire process has beena big head ache :/

[Inky 1,110]

Sorry like CW said your wife cannot move to the US without Having a visa first. If you try to they will come down hard on her at the border and send her away.

I would continue with where you are at right now because it seems from what you describe you are fairly close to the end.

What with Checklists and IV bills. Have a look at this flow chart, are you somewhere on this? which point seems most like where you are at? http://www.visajourney.com/examples/NVC_Process_Flowchart_v1-2.pdf

The checklist does it have little square boxes on it and its asking if you have certain papers ready for interview? if so the boxes need to be checked off or N/A for the ones that don't apply and then it needs to be signed at the bottom so they know you have the forms and medical finished and ready for interview. If that is not what the checklist looks like what does yours look like?

[Penguin_ie 5,984]

***** Moving to DCF forum as that is the path the OP is taking *****

You cannot move your wife without a visa (the greencard comes later, once she is in the USA with the visa). But as a Canadian she can visit the USA for up to 6 months, she she could stay with you until her medical and interview. You could also try for an expedite as active duty military.

[afmiller 0]

http://montreal.usconsulate.gov/content/visas/pdfs/visa_checklist.pdf is the checklist, no where in the IV pack did it mention to print this and send it in :/. From that checklist I reasoned that I send it blank due to 2 reasons.

#1 The appointment letter showing the date and time of your interview

#2 Medical examination (do not obtain at this time, information will be sent with Packet 4, interview instruction letter) - I dont have an interview instruction letter

Edited February 16, 2011 by afmiller

[Inky 1,110]

When your case is complete at the NVC they will notify your of your interview OR you will have to book your own, i'm not sure which one.. Because I have seen some people who filed within Canada be given interviews and some booked their own.

That checklist is typically given out by the Montreal embassy via snail mail. I agree that Montreal is not organized, I think most people would agree lol.

I'm not sure if you have tried to call department of state, or national visa center, but calling them might shed some light on if you have an interview or if theres other things you need to do first.

The link I posted earlier did you get a chance to look at it and kind of see if you are somewhere along thos lines?

[NickD 202]

Not sure I want to get into this, anyone with a valid passport and a visa if required can come to the USA with certain rules, like can't work here, and have to leave before your I-94 expires. But also have the option to extend your I-94 for around 400 bucks or so. In regards to a spouse, in the I-130 petition asks if that person is in their home country or here, nothing wrong with being here if here legally on alike a tourist visa.

I went that route, but filed the whole bunch of works in one shot, they even wanted to know when my wife's I-94 expired, but she had six months, whole works by memory, the I-130, G-325A, I-485, I-693, I-864, that EAD form, think that was it, but these forms are well listed. Within two weeks, we got the NOA that stated she was no longer burdened by her I-94 so was free to stay forever, but again not permitted to work, couldn't add her to my bank accounts, etc., until she got her EAD.

Feel the people that really need a marriage visa are the ones that can't get a normal visa. Practically have to be a millionaire to get one.

Assume you are in the US military and a US citizen, was a time when men serving their country could bring there brides here without all this red tape. And just remember, you are guilty of fraud until you prove yourself innocent. Have buddies that married gals from Canada, they just came here, but catching up with them now with a lot of explaining to do.

[Susan&Daniel 0]

Surely your wife can move to the US if she's on your military orders?

[Darnell 8,478]

oh wow - how very cool ! DCF to Montreal ! YAY !

Uhm - those 'paperwork headaches' can be sussed out, easily - but you must get it right, at least on the 3rd attempt.

Forget any 'dialogue' with the Embassy IV Staff - assume for the moment they are unreachable -

and

POST HERE what you have already sent it - we'll try to suss out yer documents, and help you.

Seriously.

[Deputy Purple 1,294]

Surely your wife can move to the US if she's on your military orders?

Yeah, um... NO!!!

Military Orders do not convey an immigrant visa upon anyone.

[Darnell 8,478]

hey - what's going on ?

[afmiller 0]

Update,

Finally got the papers saying she is able to go for the interview in montreal. I read somewhere that they can possible bump up the date for when she has the interview, cause right now it stands for July, and I'm moving at the latest in June. Any idea where I can find the doc that said that or who I can contact to try to expidite the process.

[Darnell 8,478]

since the papers have an interview date -

that's the APPOINTMENT LETTER.

You can contact the IV Unit in Montreal, beg for an earlier date.

Good luck on the attempt - the IV unit in Montreal is historically lagged, and getting a human in any media (telephone, postal, fax, email) is tedious, at best, impossible at worst.

[Jojo92122 1,924]

Update,

Finally got the papers saying she is able to go for the interview in montreal. I read somewhere that they can possible bump up the date for when she has the interview, cause right now it stands for July, and I'm moving at the latest in June. Any idea where I can find the doc that said that or who I can contact to try to expidite the process.

The best you can do is request the interview be moved up. The general advice is for the applicant not to make any plans to move until a visa is issued. Your desire to move before the interview date is not something that the consulate needs to consider because all applicants are warned not to quit their jobs, sell their possessions, or make plans to move to the US.