Processing Times for Canadians I-485 (living in Canada)

[bsd058 296]

Hi.

I'm new here, but I haven't been able to find an answer to my inquiry in this board or elsewhere. I've been looking for a couple of weeks.

I'm a Canadian, and my wife is American. We both would like to move closer to family and friends, and these family members and friends are in Florida, where my wife grew up. Anyways, we're planning on applying for the I-130 soon (already have it filled out and pretty much ready to go with all of out other forms and documents), because we would like to move to the US by next summer. That being said, I spoke to an immigration lawyer (only to see how much it would cost to have someone else fill out our forms and take care of the rest, and they said doing it this way takes about 2 years to enter the country.

I thought to myself when I read their email, either they are completely crazy or inefficient, or else I will have to apply for a K-3. Anyways, in saying all of this, I would just like to know how to go about finding the processing times for consular processing. Must I get them from my particular consulate/embassy?

I live in Canada (am a Canadian citizen), and wanted to file with the Chicago lockbox to get our I-130 approved.

All of the processing times on the USCIS website are for field offices and service centres and the national benefits centre. I'm trying to figure out which one of these (if any) I should look at for time frames, and if none of these, where would I find the proper timeframes for Canadians wishing to file I-485 once the notice of action is received?

Thanks to anyone who can help me.

[Harpa Timsah 13,258]

You don't file a I-485 from abroad. The spousal visa process takes 8-12 months. No I-485 involved. Look in the Guides section up top. if you both live abroad, you might see faster petition approval (making the overall time 4-5 months instead). Be sure to correctly note that you both live in Canada. Good luck.

Edited March 23, 2012 by Harpa Timsah

[bsd058 296]

You don't file a I-485 from abroad. The spousal visa process takes 8-12 months. No I-485 involved. Look in the Guides section up top. if you both live abroad, you might see faster petition approval (making the overall time 4-5 months instead). Be sure to correctly note that you both live in Canada. Good luck.

Oh! I didn't realize that. The guides are very helpful! I didn't realize they were even there. haha. Thanks a bunch!

[Harpa Timsah 13,258]

Oh! I didn't realize that. The guides are very helpful! I didn't realize they were even there. haha. Thanks a bunch!

Welcome. Also, read this thread. http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

[GitmeOuttaHere 0]

We are in the same boat you are. We both live here even though my spouse was born in US. She has been in Can. since she was 2 and both her parents are Canadian so she has both Canadian and USC.

We were a little concerned about proving domicile as we have no ties to the US at this time (other than a bank account), but I don't think this will be a major problem.

If you are/have been married to your USC spouse for 2 years or more it is an IR-1 visa that you are going to file for, and the I-130 is sent to Chicago LB to get the ball rolling. After that it will go elsewhere (but you don't know where until you get your NAO1) Ours went to CSC.

Our stuff was mailed from the US on Oct.31 and our NOA1 and 2 were processed and our stuff was at NVC by very early January. We are doing all our stuff via EP so no more snail mail for us We didn't want to have our interview until May at the earliest so just last night we sent all our DS-260 supporting documents in and got an email conformation that they were received. Hopefully we will have no RFE's. We are going to be sending the I-864 in by the end of March.

So far so good

I am sure Saylin will chime in as she is very experience in all of this and is an EXCELLENT source of reference...lol

Not sure where you live in Canada, but our interview will be in Montreal.

Good luck.

Also, please keep us all updated by making a timeline.

[bsd058 296]

We are in the same boat you are. We both live here even though my spouse was born in US. She has been in Can. since she was 2 and both her parents are Canadian so she has both Canadian and USC.

We were a little concerned about proving domicile as we have no ties to the US at this time (other than a bank account), but I don't think this will be a major problem.

If you are/have been married to your USC spouse for 2 years or more it is an IR-1 visa that you are going to file for, and the I-130 is sent to Chicago LB to get the ball rolling. After that it will go elsewhere (but you don't know where until you get your NAO1) Ours went to CSC.

Our stuff was mailed from the US on Oct.31 and our NOA1 and 2 were processed and our stuff was at NVC by very early January. We are doing all our stuff via EP so no more snail mail for us We didn't want to have our interview until May at the earliest so just last night we sent all our DS-260 supporting documents in and got an email conformation that they were received. Hopefully we will have no RFE's. We are going to be sending the I-864 in by the end of March.

So far so good

I am sure Saylin will chime in as she is very experience in all of this and is an EXCELLENT source of reference...lol

Not sure where you live in Canada, but our interview will be in Montreal.

Good luck.

Also, please keep us all updated by making a timeline.

Thanks for responding, Gitmeouttahere. Haha. I like your handle! My sentiments exactly! Thankfully, my wife has only been in Canada for about 3 years. I began my career in insurance just over 4 years ago, and we wanted to settle somewhere so I could learn the business before we moved. We were going to stay here for another couple of years, but the winters up here in Alberta are just too much for her. Plus, we would be so much closer to our friends and family if we lived in FL. Even my family in ON would be easier to get to. Right now I have to fly from Alberta to Ontario for something close to around $1200 round trip for both of us combined. If we lived in FL, we could get tickets for $400 round trip, or better, and we wouldn't have to fly to see her family since they live in FL. I've found tickets online for so cheap from FL, to Detroit and just think how nice it would be to be able to finally see my family that I haven't seen in like 4 years (except for a trip about 2 years ago).

So establishing domicile won't be difficult.

Thing is, it's not certain that our case will be expedited like the other cases I've been hearing about; but if it is expedited, then we might be approved too early since I think we would need to move next summer. May need to use my mad stats skills to determine the best time to submit.

Also the affidavit of support is a tricky concept. Technically, neither of us will be working in the US before we move, so we would have to put $0 as income I think. Also, our assets, while they might add up to the right amount, we would need to get them appraised and this costs quite a bit of money to get every little thing appraised just to add up to the right amount. Just not sure. I will be researching everything we need to do and then do it. I found out that I can drive to Montana (9 hour drive) to get the immigration medical done instead of flying out to Vancouver or Toronto or Montreal (2 day trip) to get the medical. It's little things like this that make all the difference to me. I wonder if there is a way around this for the affidavit of support. I wonder if we can use our current income or something. I think we can only use my income if it will continue from the same source when I move. If anyone has suggestions on this, it ould be greatly appreciated. I'm going to

[hikergirl 277]

Also the affidavit of support is a tricky concept. Technically, neither of us will be working in the US before we move, so we would have to put $0 as income I think. Also, our assets, while they might add up to the right amount, we would need to get them appraised and this costs quite a bit of money to get every little thing appraised just to add up to the right amount. Just not sure. I will be researching everything we need to do and then do it. I found out that I can drive to Montana (9 hour drive) to get the immigration medical done instead of flying out to Vancouver or Toronto or Montreal (2 day trip) to get the medical. It's little things like this that make all the difference to me. I wonder if there is a way around this for the affidavit of support. I wonder if we can use our current income or something. I think we can only use my income if it will continue from the same source when I move. If anyone has suggestions on this, it ould be greatly appreciated. I'm going to

Not sure where you found this out, but you must have your Immigration Medical done at one of the three medical clinics listed on the Department of State website. http://travel.state.gov/visa/immigrants/info/info_3739.html

I am looking at spending approx a week in Montreal due to the cost of the flights and the time it takes to get results from the clinic there. I'm in Lethbridge, so I would much rather go to Montana, but it's not an option.

Edited March 25, 2012 by hikergirl

[sheeshkabelle 153]

Not sure where you found this out, but you must have your Immigration Medical done at one of the three medical clinics listed on the Department of State website. http://travel.state.gov/visa/immigrants/info/info_3739.html

I am looking at spending approx a week in Montreal due to the cost of the flights and the time it takes to get results from the clinic there. I'm in Lethbridge, so I would much rather go to Montana, but it's not an option.

Yes you have to have the medical by a US civil surgeon in Canada. You can go to Vancouver, Toronto or Montreal. All CR-1 or IR-1 spousal visas go through Montreal.

My husband is in Calgary and we too will be spending a week in Montreal to get the medical and interview done in one trip.

I wonder if there is a way around this for the affidavit of support. I wonder if we can use our current income or something. I think we can only use my income if it will continue from the same source when I move. If anyone has suggestions on this, it ould be greatly appreciated. I'm going to

Nope. Your income from Canada will not count. Either try to gather all your asset documents, or the USC moves a few months early to get a job and establish a US income. As much as that would suck, it might have to be done. You could also look into getting a joint sponsor to help you out. Canada has no problems with the USC using a joint sponsor.

At the moment my income is $0 because I lost my job in November and I'm a full time college student. They only way to get my husband here is with a joint sponsor.

That being said, I spoke to an immigration lawyer (only to see how much it would cost to have someone else fill out our forms and take care of the rest, and they said doing it this way takes about 2 years to enter the country.

That lawyer is a fool. At the most it takes a year. You don't need a lawyer for the process unless one of you are on probation for murdering someone or have any other felonious Background.

where would I find the proper timeframes for Canadians wishing to file I-485 once the notice of action is received?

I-485 is only to adjust status once you are in the US, doesn't apply for you.

After your I-130 is sent to Chicago you don't know where it will end up. California is a little slower than Vermont, cross your fingers for Vermont. Sometimes it is expedited if the USC lives abroad with the spouse, sometimes it isn't. Sometimes (like us) you're stuck in USCIS limbo for eight and half months. It's a dice game.

NVC usually goes pretty quick if you send in all the documents and do not get a checklist. Montreal is eligible for electronic processing, so everything is done on-line and by email. The average for Canadians in NVC is about 22 days. After NVC you will be scheduled an interview in Montreal. It's about a month and a half to two months AFTER NVC the interview will be scheduled. You will probably look at mid to late summer.

Keep in mind if you are expedited through USCIS, you can take your sweet time submitting documents to NVC to meet your schedule.

We were going to stay here for another couple of years, but the winters up here in Alberta are just too much for her.

HAHAHAHA Alberta winters are nothing! I spent two winters in Winnipeg, I was outta there! -45 for two weeks straight is enough to make anyone move! Hubby said he moved to Calgary for the nicer weather. Now he's moving south for even better weather.

Edited March 25, 2012 by sheeshkabelle

[gad33 47]

the winters up here in Alberta are just too much for her.

:rofl: maybe that's why we're moving to So.Cal.

Hubby and I are both living in Canada so we were auto-expedited. Although this does not officially exist so no one knows if this will continue. Couples where one lives in the US and the other in Canada have taken much longer to get through the USCIS stage. Once your petition has been approved by USCIS and passes to NVC you have a year to send docs to NVC so you have a certain amount of control over the time taken.

The medical and the interview are the expensive part of the process. (Not cheap) flight to Montreal and hotel for 8 nights as we're arriving the day before the medical, which has to be carried out 3 business days before interview, and leaving the day after the interview.

[sheeshkabelle 153]

:rofl: maybe that's why we're moving to So.Cal.

The medical and the interview are the expensive part of the process. (Not cheap) flight to Montreal and hotel for 8 nights as we're arriving the day before the medical, which has to be carried out 3 business days before interview, and leaving the day after the interview.

I agree. That trip to Montreal is going to be a killer on the wallet.

We saved for a year before we filed the I-130 to make sure we had enough. (losing my job in the middle of it all didn't help much since now we have to maintain two households)

After everything; filing fees, cost of documents and fed ex, hubby to have some immunization boosters, medical, trip to Montreal and the actual move, our estimate for the whole process to get to my front door is going to be about 10 grand. We budgeted 5 of that, just for the week we have to spend in Montreal. We might be going over board, but we have a cushion for surprises.

Being apart for two years has not been fun. We've had brief visits with each other, but I can't wait for the day he's here and I don't have to worry about when he leaves.

[gad33 47]

I agree. That trip to Montreal is going to be a killer on the wallet.

We saved for a year before we filed the I-130 to make sure we had enough. (losing my job in the middle of it all didn't help much since now we have to maintain two households)

After everything; filing fees, cost of documents and fed ex, hubby to have some immunization boosters, medical, trip to Montreal and the actual move, our estimate for the whole process to get to my front door is going to be about 10 grand. We budgeted 5 of that, just for the week we have to spend in Montreal. We might be going over board, but we have a cushion for surprises.

Being apart for two years has not been fun. We've had brief visits with each other, but I can't wait for the day he's here and I don't have to worry about when he leaves.

It's worth it for the end result but that trip to Montreal is a killer. As neither of us have been there before we decided that that would be our vacation this year. It would be pretty miserable if I had to be there for 8 days on my own. I don't object to centralising the interviews but why can't they have the medicals in more places then you wouldn't be waiting in Montreal for the medical results?

[sheeshkabelle 153]

It's worth it for the end result but that trip to Montreal is a killer. As neither of us have been there before we decided that that would be our vacation this year. It would be pretty miserable if I had to be there for 8 days on my own. I don't object to centralising the interviews but why can't they have the medicals in more places then you wouldn't be waiting in Montreal for the medical results?

It's going to be our honeymoon, we never got one. When we got married we were both working like crazy, I could only get two weeks off work. The first week in Calgary was planning the wedding, the second I sat around his apartment while he went to work. (he almost had to work the day of our wedding!)

Way back in the day, they did do medicals in Winnipeg and Calgary and have the CR/IR-1 interview in Calgary, but alas, we're all about seven years too late.

[tekkon 0]

Also the affidavit of support is a tricky concept. Technically, neither of us will be working in the US before we move, so we would have to put $0 as income I think. Also, our assets, while they might add up to the right amount, we would need to get them appraised and this costs quite a bit of money to get every little thing appraised just to add up to the right amount. Just not sure. I will be researching everything we need to do and then do it. I found out that I can drive to Montana (9 hour drive) to get the immigration medical done instead of flying out to Vancouver or Toronto or Montreal (2 day trip) to get the medical. It's little things like this that make all the difference to me. I wonder if there is a way around this for the affidavit of support. I wonder if we can use our current income or something. I think we can only use my income if it will continue from the same source when I move. If anyone has suggestions on this, it ould be greatly appreciated. I'm going to

My husband just had his interview in Montreal last Thursday. Although this goes against what is technically supposed to happen, I can tell you that our interviewer used my Cdn based income to approve my I864. I planned on qualifying with assets, as I am in the same boat as you- I don't currently have any US sourced income so I wrote $0 USD on my I864. The interviewer flipped back to my 1040 and circled my worldwide income amount, double checked it against the chart on his wall, and then approved the form. He never even looked at the assets.

I'm not suggesting you should count on this happening at your interview, but just letting you know it has happened.

Good luck!

[GitmeOuttaHere 0]

OMG I hope we get luck like that. We are doing it on assets, as neither of us has ever worked in the US. We are selling our home and my classic car as well so we will be OK.

We are only an 8hr drive away from MTL so we could easily go and stay over night, come back home and go back 3 or 4 days later if we had to. Somehow makes me glad I don't live as far as AB.

[Udella&Wiz 325]

I agree. That trip to Montreal is going to be a killer on the wallet.

We saved for a year before we filed the I-130 to make sure we had enough. (losing my job in the middle of it all didn't help much since now we have to maintain two households)

After everything; filing fees, cost of documents and fed ex, hubby to have some immunization boosters, medical, trip to Montreal and the actual move, our estimate for the whole process to get to my front door is going to be about 10 grand. We budgeted 5 of that, just for the week we have to spend in Montreal. We might be going over board, but we have a cushion for surprises.

Being apart for two years has not been fun. We've had brief visits with each other, but I can't wait for the day he's here and I don't have to worry about when he leaves.

Wow - I'm going to Paris(France) for a week and its costing me 5k-ish...what the heck are you doing in Mont while there?