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kkg325

Asylum case in Canada / IR1/CR1 in US

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Hey everybody,

My partner is from an African country, and she emigrated to Canada in 2012 for political asylum. Her case in Canada has been backlogged for over 2 years, and the Canadian government has no timeline for when it will be completed. In the meantime, I moved to Canada and we lived together for 2 years, and we got married :) Now I have moved back to the United States, and we are applying for IR1/CR1 so we can live together here in the United States. We filed I-130, and received NOA-1.

I have a few concerns:

1. Does USICS communicate with Canadian immigration? Will USICS receive all the details of her case in Canada?

2. Will her asylum case be a red flag for them? How should we prepare for this for the interview?

3. Will her interview take place in Canada (she is not a permanent resident), or in her home country?

4. What happens if she ends up having to go back to her home country before our IR1/CR1 process is complete?

What do you guys think? Anybody have experience with a case like this?


I-130 process (CR-1):

Spoiler

I-130 sent: October 27, 2014

NOA1: October 30, 2014 (Nebraska Service Center)

NOA2: March 31, 2015

DS-261 completed and AOS bill paid: April 27, 2015

AOS & IV packages sent: May 20, 2015

Checklist for IV fee: June 26, 2015

IV fee paid: July 27, 2015

DS-260 completed: August 10, 2015

Checklist for benificiary's proof of legal residence: September 11, 2015

Beneficiary's proof of legal residence sent: September 15, 2015

Case complete (3 N/A's & confirmation via phone): October 13, 2015

Case complete e-mail received: October 20, 2015

Interview scheduled (P4 received): October 23, 2015

Interview: December 1, 2015 (APPROVED!)

Visa in hand: December 10, 2015

 

I-751 process (Removal of Conditions):

I-751 sent: December 5, 2017 (Vermont Service Center)

NOA received: December 8, 2017 (GC extended until February 2019)

NOA received: August 6, 2018 (GC extended until August 2019)

Transferred to local field office: April 9, 2018

Interview (combo with N-400): August 6, 2019

New card is being produced: August 9, 2019

 

N-400 process (Naturalization):

N-400 filed: December 3, 2018 (filed online; Hartford, CT field office)

Biometrics letter received: December 12, 2018

Biometrics appointment: December 27, 2018 (walked in on December 17, 2018)

Interview: August 6, 2019 ("A decision cannot yet be made about your application")

In line for oath: August 9, 2019

Oath: September 17, 2019

 

So grateful for visajourney, but so happy to not need it anymore! Good luck to all.

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Filed: Citizen (apr) Country: Nigeria
Timeline

Hey everybody,

My partner is from an African country, and she emigrated to Canada in 2012 for political asylum. Her case in Canada has been backlogged for over 2 years, and the Canadian government has no timeline for when it will be completed. In the meantime, I moved to Canada and we lived together for 2 years, and we got married :) Now I have moved back to the United States, and we are applying for IR1/CR1 so we can live together here in the United States. We filed I-130, and received NOA-1.

I have a few concerns:

1. Does USICS communicate with Canadian immigration? Will USICS receive all the details of her case in Canada?

2. Will her asylum case be a red flag for them? How should we prepare for this for the interview?

3. Will her interview take place in Canada (she is not a permanent resident), or in her home country?

4. What happens if she ends up having to go back to her home country before our IR1/CR1 process is complete?

What do you guys think? Anybody have experience with a case like this?

If she isn't a resident of Canada yes she would have to interview back in her country.


Case Complete to Interview spreadsheet

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Case Complete to Interview Form

 

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ROC I751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline

As long as she is living legally in Canada, you can proceed with the case there. She doesn't have to be permanent resident. But if her Canadian case comes back negatively and she has to return to her home country before the final outcome for US immigration, then she will need to continue the process there. She will need to advise USICS or NVC of change of address.

Good luck

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Filed: Lift. Cond. (apr) Country: China
Timeline

I have a few concerns:

1. Does USICS communicate with Canadian immigration? Will USICS receive all the details of her case in Canada?

2. Will her asylum case be a red flag for them? How should we prepare for this for the interview?

3. Will her interview take place in Canada (she is not a permanent resident), or in her home country?

4. What happens if she ends up having to go back to her home country before our IR1/CR1 process is complete?

What do you guys think? Anybody have experience with a case like this?

Answers:

  1. Most likely no
  2. No
  3. her home country
  4. It doesn't affect the US Immigration process

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Hi all, I just wanted to update this thread in case anybody has a similar problem in the future. We got our visa in hand today, without a hitch. The NVC did send us a checklist for for proof of her legal residence in Canada. The week before her interview, the US Embassy in Montreal called her to ask what her status was in Canada, and what the status of her case was. In the interview, nothing about her refugee status, or her pending asylum case came up. It was a run of the mill interview, and it took place in Montreal. So it looks like, as long as you're living in the country legally, that's all they care about.


I-130 process (CR-1):

Spoiler

I-130 sent: October 27, 2014

NOA1: October 30, 2014 (Nebraska Service Center)

NOA2: March 31, 2015

DS-261 completed and AOS bill paid: April 27, 2015

AOS & IV packages sent: May 20, 2015

Checklist for IV fee: June 26, 2015

IV fee paid: July 27, 2015

DS-260 completed: August 10, 2015

Checklist for benificiary's proof of legal residence: September 11, 2015

Beneficiary's proof of legal residence sent: September 15, 2015

Case complete (3 N/A's & confirmation via phone): October 13, 2015

Case complete e-mail received: October 20, 2015

Interview scheduled (P4 received): October 23, 2015

Interview: December 1, 2015 (APPROVED!)

Visa in hand: December 10, 2015

 

I-751 process (Removal of Conditions):

I-751 sent: December 5, 2017 (Vermont Service Center)

NOA received: December 8, 2017 (GC extended until February 2019)

NOA received: August 6, 2018 (GC extended until August 2019)

Transferred to local field office: April 9, 2018

Interview (combo with N-400): August 6, 2019

New card is being produced: August 9, 2019

 

N-400 process (Naturalization):

N-400 filed: December 3, 2018 (filed online; Hartford, CT field office)

Biometrics letter received: December 12, 2018

Biometrics appointment: December 27, 2018 (walked in on December 17, 2018)

Interview: August 6, 2019 ("A decision cannot yet be made about your application")

In line for oath: August 9, 2019

Oath: September 17, 2019

 

So grateful for visajourney, but so happy to not need it anymore! Good luck to all.

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

Hi all, I just wanted to update this thread in case anybody has a similar problem in the future. We got our visa in hand today, without a hitch. The NVC did send us a checklist for for proof of her legal residence in Canada. The week before her interview, the US Embassy in Montreal called her to ask what her status was in Canada, and what the status of her case was. In the interview, nothing about her refugee status, or her pending asylum case came up. It was a run of the mill interview, and it took place in Montreal. So it looks like, as long as you're living in the country legally, that's all they care about.

Hi KKG325,

Could you please let me know what document she gave as a proof of legal residency for Canada ? I am on a work permit in Canada and immigrating to the US (my wife is American) and the NVC is asking me for a proof of legal residency.

Thanks.

Olivier

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Hi KKG325,

Could you please let me know what document she gave as a proof of legal residency for Canada ? I am on a work permit in Canada and immigrating to the US (my wife is American) and the NVC is asking me for a proof of legal residency.

Thanks.

Olivier

Hi kewelog, we sent NVC her refugee ID document and her current work permit. Both were valid for 2+ years. When she went for the interview, we got a letter from her lawyer explaining her status and her legal residence in Canada. I don't think they asked for it though.


I-130 process (CR-1):

Spoiler

I-130 sent: October 27, 2014

NOA1: October 30, 2014 (Nebraska Service Center)

NOA2: March 31, 2015

DS-261 completed and AOS bill paid: April 27, 2015

AOS & IV packages sent: May 20, 2015

Checklist for IV fee: June 26, 2015

IV fee paid: July 27, 2015

DS-260 completed: August 10, 2015

Checklist for benificiary's proof of legal residence: September 11, 2015

Beneficiary's proof of legal residence sent: September 15, 2015

Case complete (3 N/A's & confirmation via phone): October 13, 2015

Case complete e-mail received: October 20, 2015

Interview scheduled (P4 received): October 23, 2015

Interview: December 1, 2015 (APPROVED!)

Visa in hand: December 10, 2015

 

I-751 process (Removal of Conditions):

I-751 sent: December 5, 2017 (Vermont Service Center)

NOA received: December 8, 2017 (GC extended until February 2019)

NOA received: August 6, 2018 (GC extended until August 2019)

Transferred to local field office: April 9, 2018

Interview (combo with N-400): August 6, 2019

New card is being produced: August 9, 2019

 

N-400 process (Naturalization):

N-400 filed: December 3, 2018 (filed online; Hartford, CT field office)

Biometrics letter received: December 12, 2018

Biometrics appointment: December 27, 2018 (walked in on December 17, 2018)

Interview: August 6, 2019 ("A decision cannot yet be made about your application")

In line for oath: August 9, 2019

Oath: September 17, 2019

 

So grateful for visajourney, but so happy to not need it anymore! Good luck to all.

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