IR-1 Process when both spouses reside in Canada

[tsanborn 1]

Hi all,

My USC husband and I both currently live in Toronto. He recently accepted a job offer in San Francisco and so we are beginning the process of getting me an IR-1. I just want to confirm that the steps we should take as I am still reeling from information overload and some mixed messages.

1. As we no longer are able to DCF as advised in the VJ guide, should we be sending the I-130 to the Chicago lockbox?

2. At what point do we start dealing with the consulate in Montreal?

3. If we are dealing with the consulate in Montreal, will we have to deal with a service centre in the United States at any point?

4. We both currently live in Toronto and do not have a place to live in San Francisco, although my husband will be looking for a place when he goes ahead of me in November 2015. Will this affect any of my applications?

5. What is this magical auto-expedite line I hear about?

Thanks in advance for the advice!

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[Penguin_ie 5,985]

1. Yes. There is some evidence that many petitions where the USC spouse lives abroad get fast tracked, so you may get lucky.

2. Not until close to the end of the process; first you will deal with USCIS and NVC, both in the USA.

3. Yes, but the USCIS and NVC stuff will all be via mail.

4. No. You will have a place by the time your interview comes around, as that is extremely unlikely to be before November. Even if there is no permanent place, you can put a hotel or friend's address, then change it once you have somewhere permanent.

5. There is none, unless you are in a country where you can file DCF (directly with the embassy- Canada is not one), but cases where the USC petitioner lives abroad are often auto expedited. Hope for it, don't count on it.

[ChristinaG 91]

Hi all,

My USC husband and I both currently live in Toronto. He recently accepted a job offer in San Francisco and so we are beginning the process of getting me an IR-1. I just want to confirm that the steps we should take as I am still reeling from information overload and some mixed messages.

1. As we no longer are able to DCF as advised in the VJ guide, should we be sending the I-130 to the Chicago lockbox?

2. At what point do we start dealing with the consulate in Montreal?

3. If we are dealing with the consulate in Montreal, will we have to deal with a service centre in the United States at any point?

4. We both currently live in Toronto and do not have a place to live in San Francisco, although my husband will be looking for a place when he goes ahead of me in November 2015. Will this affect any of my applications?

5. What is this magical auto-expedite line I hear about?

Thanks in advance for the advice!

1 - yes... fill out the I-130, gather all the documents, only send photocopies, and a reasonable amount of relationship evidence...

2 - Montreal is where the US Consulate that processes spousal visas is located. It is the last step of this part of the process....

3 - yes... from the Chicago lock box the petition will be sent to one of the USCIS Service Centre's (Texas, California, or Nebraska)... once it is approved it will be sent to the NVC in New Hampshire....

4 - It won't affect your application in a negative way... but Montreal seems to be really hell-bent on making sure the US spouse has established domicile in the US before approving the Canadian.... as your husband will be living & working in the US by the time your interview comes around, this shouldn't be a problem

5 - Unofficially when both spouses are living abroad, the petition is fast-tracked through the USCIS phase (stage 1).... though I've not seen this happen for Canadians..... there is no rhyme or reason that I've seen, it may happen but don't count on it The USCIS phase is typically 4-6 months (on average - some get stuck up to 9-10 months...) and the magical auto-expedite cuts this wait down to about 2-3 weeks! Again, don't count on it!!

Most of all, best wishes!! There is a TONNE of info throughout this site (most of it good! LOL) and there are even more really good people received incredible assistance along their journey and pay it forward by helping those coming through it!!

Be aware that sometimes tempers flare and frustration gets the better of some folks - don't let that sour your journey! Patience is the biggest requirement. This is not an easy process and being separated from our loved ones is hard. But knowing that we will get to be together again, for good, makes it all worth while!

Best wishes!!