Getting Passport/Visa Documents back after Interview

[newtothis 0]

Anyone who can help me with this. My spouse has just got an interview date for December 1st. Yay! But he is on non-immigrant L1 visa and working in the United States. I've read that Montreal Consulate has varied times when it comes to getting the passport and visa documents back. We are worried that he will be stuck in Canada indefinitely, with his job on the line. Can anyone tell me if it is possible to request to get the passport/visa back urgently and picked up at the Consulate?

[Boiler 43,804]

Why is he not just adjusting status?

[newtothis 0]

Because we had already paid all fees and were just ready to file documents to NVC when he received his L1 visa. So we were already at the last step. Do you think we should still adjust status now, even though he has his interview date? how long does adjusting status process take?

[Boiler 43,804]

Did this not come up with his Employer/Legal Team?

[falcngrl 3]

I asked about this issue and the guy who interviewed me said the exception could be made if you were employed in the US. I'd bring documentation about his work situation..

[newtothis 0]

His employer couldn't do anything about this, because it was a family based petition, and the job transfer was within his company. 2 separate issues.

@falcngrl-even in the packet 4 we got from the consulate says the exception may be made if the applicant holds a non-immigrant visa in the US. but the issue is that nothing seems to be guaranteed. And even though it says everywhere that it will take 3 days processing and 5 days to DHL passport and all, I see people are waiting for at least 2-3 weeks, even more for their stuff. No one has any timeline.

I'm just thinking that adjusting status might be better for peace of mind...

[Tater&Bugger 3]

I wouldn't make any plans. I'm currently stuck in Canada indefinitely with my two youngs kids. My husband moved out home to AZ in Jan and we went and stayed with him until my interview. Came back for an Oct 7 interview and was approved but no passport in sight. We just have a small suitcase of clothes and winter is coming, so that's great. It's been really hard on my kids and husband being separated too.

[gothie78 2]

tater&#######

Did your case status move to AP? Or something else? Did you get asked to provide additional documents or something?

I heard some couples status changed to issued and their interview was Oct 21-22 etc. so I don't quite understand what they base who gets their visas when.

[fellaamazing 72]

When they approved my visa on the interview date, I told that I had to go back to work. He asked me to come back at 3 PM, but said there is no guarantee that visa would be ready.

I went back again at 3 PM, and they told me there was visa printing issue, and asked me to come next day. (make sure you have return entry pass for right time, otherwise you won't be allowed by security)

That's how the exception for people already living in united states on non-immigrant visas work.

Make sure you don't miss any original document required by them. Otherwise there can be all sorts of delays and administrative processing.

[newtothis 0]

@fellaamazing Thanks so much for the information! Did you bring a letter from your manager or anything stating you had to go back to work or had limited vacation days to stay in Montreal?

Also, sidenote, it says in your timeline you went through Detroit Tunnel for POE-did you drive back to the States? Was it longer at Customs/Immigration?

[fellaamazing 72]

@fellaamazing Thanks so much for the information! Did you bring a letter from your manager or anything stating you had to go back to work or had limited vacation days to stay in Montreal?

Also, sidenote, it says in your timeline you went through Detroit Tunnel for POE-did you drive back to the States? Was it longer at Customs/Immigration?

I didn't need to for that particular purpose, since my application was employment based. But you should bring letter from employer I assume. But I suggest, don't mention it until they say you are approved.

Edit: I did need to bring latest job letter as a part of application. My employer mentioned that they have employed me for so and so years, and will continue to employ me after I become permanent resident.

Yes, POE takes at-least one hour, since they have to enter tons of information into the system from the sealed packet you hand them over. It was already mentioned that it will take that long. For me, I was allowed to enter from any POE, but I heard from VJ members, they had to declare which border they are planning to enter to the embassy.

Edited October 28, 2015 by fellaamazing