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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted (edited)

Just to add, if a border patrol or customs officer says directly that she may have more or is allowed less than the 180 days, then that is the amount of time she is allowed. They generally make the final determination on that. My husband manages to get a passport stamp on every visit up here, but I've only been stamped on one visit to the USA. Lol

That's weird. In almost 4 years, I've never been stamped to Canada.

I've had (1) I-94 type pass up here, but they didn't stamp it or staple it into my passport like they do my husband going into the US.

He has (5) Stamps in his passport, but doesn't get them anymore as of about a year ago.

Also, border patrol told me I could stay up here for a year if I wanted since we're married.

She told me it's technically allowed but they don't want to advertise it.

Edit: I wouldn't bank my crossings on what that lady said, just pointing out that someone told me I could in October.

Edited by KDH

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Filed: Other Country: Canada
Timeline
Posted (edited)

Welcome! You and I are in the same boat. I am a USC in process of sponsoring my Canadian husband. We were also married in the USA but we live together in Toronto. Sadly, the rules changed within the past year and a half. It used to be that folks like us could apply for DCF processing in Canada but now everyone in Canada has to file though the Chicago Lockbox and wait in line with the rest of the people applying from within the USA who are already there for whatever reason. Must be nice to be able to live in the USA with your spouse while your application processes. :(

Anyway, file your I-130 with the Chicago lockbox. From there, your case will be sent to one of the service centres like in Vermont, Cali or Texas. From *there* my guess is your app will travel to the US consulate in Vancouver BC. (I am assuming you live on the west coast.) They'll send you a NOA2 with instructions on other paperwork you'll need to fill out. You'll probably have your interview in Vancouver too and hopefully everything will go well for you and you'll be approved for permanent residency.

I'd file that I-130 with the Chicago Lockbox ASAP! There is lots of info on how to do that on this site. Good luck!!

Edited by SarahBear
Filed: Other Country: Canada
Timeline
Posted

Would it be better if I sponsor her here first then when she arrive here we can start the process to sponsor me to the US?

We're doing our applications for the USA and Canada at the same time. You can do that too if you want. I should be getting word from Canadian immigration any day now about my application. :) Good luck!

Posted

Happy New Year everyone!

What if she crosses the board then come back, will she get another 6mths? Would that be considered valid? Where can I get the outline for the income requirement (125%)?

No it is 180 days per year. So she could stay from about June to Dec, then Jan to Juneish but then not again for another 180 days. It rotates per calendar year. I only found put how it works because my ex's sister owned a house in Hawaii. Once she was turned away from going "home" because customs wanted her to prove that she hadn't spent mote time in the USA than in Canada. She missed her flight obviously, went back the next day and a nee guy let her through without asking for any of the paperwork the guy before had required.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted

Anyway, file your I-130 with the Chicago lockbox. From there, your case will be sent to one of the service centres like in Vermont, Cali or Texas. From *there* my guess is your app will travel to the US consulate in Vancouver BC. (I am assuming you live on the west coast.) They'll send you a NOA2 with instructions on other paperwork you'll need to fill out. You'll probably have your interview in Vancouver too and hopefully everything will go well for you and you'll be approved for permanent residency.

I'd file that I-130 with the Chicago Lockbox ASAP! There is lots of info on how to do that on this site. Good luck!!

Actually the petition goes to California or Vermont or more currently to National Benefits Center. An I-130 never goes to Vancouver. If it is approved by the USCIS then it is forwarded to the NVC. The AOS and visa application are looked at and if complete and okay are sent to the Montreal consulate. All immigrant visas in Canada MUST go through Montreal. The beneficiary then has an interview in Montreal (after having a medical by one of 4 panel physicians) where their visa is approved or denied or sent into ap or they're required to provide more evidence.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Ohh wow..good thing I live in Ottawa. She lives in Seattle, Washington, so the instruction said to submit to Phoenix, AZ. I've already submitted the Canadian sponsorship forms, so now i am starting the US sponsorship process for her to submit to the US Immigration. If everything goes smoothly she should get her Canadian PR by June. Which means she doesn't have the 180 Days restriction anymore.

Filed: Other Country: Canada
Timeline
Posted

Actually the petition goes to California or Vermont or more currently to National Benefits Center. An I-130 never goes to Vancouver. If it is approved by the USCIS then it is forwarded to the NVC. The AOS and visa application are looked at and if complete and okay are sent to the Montreal consulate. All immigrant visas in Canada MUST go through Montreal. The beneficiary then has an interview in Montreal (after having a medical by one of 4 panel physicians) where their visa is approved or denied or sent into ap or they're required to provide more evidence.

Thanks. So if you live on the west coast, you're just SOL and you have to go to Montreal? That's rough.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Kevin keep in mind that Montreal is VERY strict about domicile, if your wife is visiting Canada or a lengthy period of time or has PR status she will essentailly need to move back to the US before your visa will be issued.

Montreal is so strict about this, there is a sticky in the Canada forum to help others

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Kevin keep in mind that Montreal is VERY strict about domicile, if your wife is visiting Canada or a lengthy period of time or has PR status she will essentailly need to move back to the US before your visa will be issued.

Montreal is so strict about this, there is a sticky in the Canada forum to help others

good luck

^^^ what SHE said^^^ I suggest you come over to the Canada forum since it is advice from fellow Canuckers that would help a lot in your case. There is ton on information in sticky threads there that will help. I believe I mentioned this already so if you've already looked I apologize for repeating.

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2


NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

^^^ what SHE said^^^ I suggest you come over to the Canada forum since it is advice from fellow Canuckers that would help a lot in your case. There is ton on information in sticky threads there that will help. I believe I mentioned this already so if you've already looked I apologize for repeating.

I can't seems to find the Canadian forum. Can you provide the link to the forum?

 
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