Any way to expedite the IR-1 process?

[robinde 0]

I'm an American citizen with a Canadian spouse. We have been married for 10 years and have 2 children. I started my husband's green card IR-1 process in May, and we moved back to the US in August. My parents and grandparents are aging and they need our help (I am an only child), and we wanted our own children to be able to start school in the US in September. I mistakenly assumed that the green card process for a spouse would take only 6-9 months to finish. After all, spousal visas for American citizens are supposed to be immediately available according to the USCIS website, and "family unity" is supposedly one of their priorities.

Well, as of now we have received the NOA1 but we are still waiting for the initial forms to be processed. In early December, our forms were sent from the National Benefits Center to a processing office in Omaha, Nebraska (because the NBC was apparently overloaded with applications and experiencing delays). My husband is now in a state of limbo. He has been returning to Canada every 3 months, but now the US Border guard who interviewed him this time said that he can only stay for 1 month in the US (he has been in the US as a visitor since August, but he did return to Canada in October for several weeks). She told him that he has done nothing wrong, but after this 1 month visit is over, she said that he must go back to Canada and not return to the US again, UNTIL HIS GREEN CARD IS FULLY PROCESSED, which could take some unknown amount of time (6 months? another year?). She said that after this visit, he will have been in the US for 6 months - adding up all the time from August through January - and that he isn't allowed to stay any longer as a visitor. According to her, this 6 month duration does not reset after each trip back to Canada and it does not reset with the start of the new calendar year in 2014.

This seems ridiculous to me. This is the only border guard who has told him this information. A previous border guard at the same crossing station told him in October that he could continue coming into the US as long as he was only a visitor and only stayed for 3 months at a time. So I'm feeling very frustrated.

He is currently living in the US only as a visitor, not working, and we need him as part of our family. Do you have any suggestions about what I can do to expedite his IR-1 process? Does anyone have any experience in asking a local congressman or congresswoman for help?

I have scheduled an appointment at my local USCIS field office to try to get further information. I also wanted to ask if anyone knows about the I-94 visa and whether he could get one of these temporary visas until his green card process is complete. Thanks for any advice you can provide!

[belinda63 3,038]

You said it all when you said "he is currently living in the US only as a visitor". He is allowed to visit the US, not to live here.Generally visiting means spending more time outside the US than in the US. Although I am not privy to all the rules for Canadian visitors generally six months out of the year is all that is permitted.

I suggest if he attempts any further ventures to the US that he have strong proof of ties to Canada such as employment and a home or lease agreement.

There is no expediate for "I need my spouse here with me" we all fall into that category. He can apply for a tourist visa but the duration of his stay would be limited to what CBP gives him which could be only one week to six months. They check the computer and can see if someone is "living" in the US on a tourist visa.

Edited January 26, 2014 by belinda63

[*Snowdrop* 604]

Unfortunately there is no way to expedite a normal case simply because you don't want to be apart. A senator or congressman can't do anything to speed up your case unless it's outside of normal processing times. (normal is what USCIS say is normal obviously, not what we consider normal)

However it might be worth getting your politicians involved even if all it does is to try to raise more awareness of the severity of the backlogs for spousal visas right now which are definitely bad.

On the 'bright' side you are surely very very close to your NOA2. I'm not sure what the wait times are for interviews etc in Canada but if I were you I'd be putting all my energy into making sure I have everything ready to go immediately for the next few stages.

I know that's not much comfort when it feels as though your family is being torn apart. My husband and I spent the first 15 months of our marriage apart because of similar backlogs in 2007 and it was horrible.

[NigeriaorBust 4,087]

Visiting is being in the US for less than 6 months of any rolling 12 month period. Be lucky that they let him back in . crossing the border for short periods resets nothing nor does a new calender year. You should be close to the turning point. Until then you may just have to visit in the other direct or do like many of us an wait it out,

[Hollyday 122]

If you interpret resetting as 'every time you go out of the US the counter resets' you can effectively live in the US for years on end, only going out for a day after each 6 months. This is not how it works. We all miss our loved ones. No, we can't expedite based on this unfortunately.

[robinde 0]

Thanks for all of your replies! I guess I'm looking for any suggestions that *might* help speed up this process (calling the USCIS? using an immigration lawyer? or maybe there is nothing to do but wait...) or advice on a legal way to extend my husband's visitor status. My relatives keep suggesting that I call an immigration lawyer, but it seems like that would be a waste of money. I do understand that this is a long process, and we're all stuck in the same boat waiting to be together with our loved ones.

Right now, we're waiting to receive the NOA2, but the Nebraska service center is still processing applications from March 2013 (we applied in May 2013). So it appears that we're likely 2 months away from even the NOA2, and then the rest of the process still has to happen. If there is a way to legally extend my husband's visitor status (for example the I-539 visa) for a few more months, I would like to try pursuing that option. I have made an appointment at a local USCIS field office to try to get some advice.

[Darnell 8,478]

I suggest something else.

Take a copy of the I-130 receipt notice,

submit an Adjustment of status set, from Guide 2 in the Guides, minus the big I-130,

and he can stay until the green card is issued.

[imse 82 8]

Agree with Darnell your husband obviously entered as a visitor with no intention of adjusting status but if he changed his mind and want to adjust status from the US the option is there.

[Ketsuban 1,034]

Thanks for all of your replies! I guess I'm looking for any suggestions that *might* help speed up this process (calling the USCIS? using an immigration lawyer? or maybe there is nothing to do but wait...) or advice on a legal way to extend my husband's visitor status. My relatives keep suggesting that I call an immigration lawyer, but it seems like that would be a waste of money. I do understand that this is a long process, and we're all stuck in the same boat waiting to be together with our loved ones.

Right now, we're waiting to receive the NOA2, but the Nebraska service center is still processing applications from March 2013 (we applied in May 2013). So it appears that we're likely 2 months away from even the NOA2, and then the rest of the process still has to happen. If there is a way to legally extend my husband's visitor status (for example the I-539 visa) for a few more months, I would like to try pursuing that option. I have made an appointment at a local USCIS field office to try to get some advice.

My family also keep pressuring me to hire an attorney even though it's a waste of time, money and effort. As a result, they think I want to be apart from my husband. As if I'm not stressed enough They won't listen when I say that an attorney cannot obliterate the backlog, and even if he somehow did, that would be so unfair to everyone who filed way before we did.

As Darnell said, since your husband is with you now (and I assume did not intend to immigrate on that visit), you can legally apply for adjustment of status so he doesn't have to go home. Well, he won't be able to go home until he receives AP (if you choose to file for it).

[r060106 109]

I know that's not much comfort when it feels as though your family is being torn apart. My husband and I spent the first 15 months of our marriage apart because of similar backlogs in 2007 and it was horrible.

Did you ever get the feeling that the separation would never end? My wife and I are almost five months into the process and are anticipating another year before she's here. It feels like it's never going to end and really makes me despair sometimes. Any coping advice?

I suggest something else.

Take a copy of the I-130 receipt notice,

submit an Adjustment of status set, from Guide 2 in the Guides, minus the big I-130,

and he can stay until the green card is issued.

If only we all could do that....

[Expensives 3]

Well, we have a lawyer, a great option and we are glad to have the added support, advice and weight of evidence he gives to our case so we do recommend a good lawyer. But I do not think having a lawyer will speed up the process of getting a green card. Once the paperwork is in the system, it's a matter of waiting and really there is nothing a lawyer can do to speed up the wait. :/

[Kaylara 814]

Some people in my family were trying to tell me to get a lawyer, too. I keep telling them that I wasn't stuck in a backlog because I didn't have a lawyer, and no, they didn't pay more attention to cases with a lawyer. Then I pointed out several people who have lawyers because their cases are more complicated than mine who were waiting in the backlog just as long as me. (Or longer.) And the cases where the lawyer screwed up and the petitioners had a serious problem because of it. That stopped those comments. I've explained the situation in painful detail over and over again to them, but nothing proved my point better than showing them that I was telling the truth about the lawyers.

[Angela256z 30]

If you applied in May and you have already been transferred you will prolly get an NOA2 soon. We were May 5 and we were just approved. Good luck to you and your spouse. I don't know any way to speed up the process and I personally think a lawyer at this point would just be a waste of money.

[Hypnos 6,576]

Your husband is de facto living in the US on a tourist visa, which is Not Allowed.

The easiest solution, as stated above, is simply to have him file for adjustment of status. It won't be cheap (I-485 filing fee is $1,070, plus medical fees of ~$200) but if you have the resources then have at it: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Doing this would protect his status until the I-485 was adjudicated, but he would not be able to depart the US until he had received Advance Parole (or his green card), which would be approximately three months after application.

Was his passport stamped or was he issued an I-94 on his most recent entry? Usually Canadians don't get I-94s, but if you tick CBP off as it seems he has done then they can give them. The only reason I ask is that you will need to provide proof of lawful entry to file for AoS, and this is usually either a copy of the alien's passport stamp or I-94.

If you do choose to go the AoS route, enclose a copy of the already-filed I-130 NOA so that the I-485 can be matched up to it and will let it proceed as a concurrent application.

Edited January 27, 2014 by Hypnos

[Avery Cates 1,141]

There is no way to expedite, and the border guard is correct, tourist visas are for tourism, not living for months at a time, returning, and coming back to live again. He's been abusing it just a bit and now they've caught on.

As others have mentioned your options are for him to go back at the end of the visit and wait it out, or try to AOS while he's here, however there's no going back to Canada if he needs to by doing that unless he's going to stay.