Help: Complicated I-130 situation

[darth vader 131]

I am a Canadian PR and an Indian citizen and my wife is an U.S.C. and Canadian PR. Our priority date for I-130 is January 04 2018, we were sent at Potomac Service Center. My U.S.C. wife received a job offer and has to start in a few weeks. We are really puzzled if (please feel free to share your opinions):

1. She should take the job and move ahead of me?
 

OR

2. Stay with me and we can try proving "intent to domicile" without moving?

----------------------------------------

Now, the tricky part is, given my research here in VJ it looks like I am likely to be put on AP due to my technical job in STEM field and Indian citizenship.

Considering that, if we turn down my wife's job offer that risks us getting AP for domicile reasons, which we are OK with because we can always address that by her actually moving but we are afraid of AP for both domicile and CV.

3. Has anyone seen such a case where a person was put in AP for both domicile and CV?

4. If we are given AP due to both domicile and CV reasons, can we ask the CO to let us know when the CV AP is over so my wife can stay with me in the meantime? And once the CV AP is done she can move and establish domicile?

Sorry for a long post but please consider answering if you have any opinion/advice. We are very worried.

Inviting the almighty @pushbrk, @TBoneTX, @NikLR to share their wisdom.

Edited June 2, 2018 by TBoneTX
evading profanity-filter

[Crazy Cat 39,375]

Domicile is much easier to establish by actually moving to the US.

[darth vader 131]

4 minutes ago, missileman said:

Domicile is much easier to establish by actually moving to the US.

I know. But we are afraid of the scenario where wife moves, we show domicile and I am put on AP due to my tech background? I wonder how common is it for folks to be put on AP because of that? and how long would it last?

Thanks for answering @missileman I really find your prompt answering helpful.

Edited June 2, 2018 by darth vader

[Crazy Cat 39,375]

2 minutes ago, darth vader said:

I know. But we are afraid of the scenario where wife moves, we show domicile and I am put on AP due to my tech background? I wonder how common is it for folks to be put on AP because of that? and how long would it last?

Thanks for answering @missileman I really find your prompt answering helpful.

I have never heard of anyone being placed into AP due to domicile issues.  However, a 221g requesting documentation is more common. 

[darth vader 131]

5 minutes ago, missileman said:

I have never heard of anyone being placed into AP due to domicile issues.  However, a 221g requesting documentation is more common. 

Agreed, thanks for correcting me. I meant 221g for domicile and AP for STEM background. I cannot edit this in my original question anymore so I hope folks see my comment here.

My question still stands: I wonder how common is it for folks to be put on AP because of STEM background (when they are asked for CV at the interview)? and how long would it last?

Edited June 2, 2018 by darth vader

[NikLR 13,220]

10 minutes ago, darth vader said:

Agreed, thanks for correcting me. I meant 221g for domicile and AP for STEM background. I cannot edit this in my original question anymore so I hope folks see my comment here.

My question still stands: I wonder how common is it for folks to be put on AP because of STEM background (when they are asked for CV at the interview)? and how long would it last?

Ive answered you a few times.  It depends on the ACTUAL jobs you've had.  A pharmacist or nuclear physicist or micro-biologist will be asked for a CV.  You're not a Canadian citizen either so your background will be more important.  You've said STEM but you haven't been specific.  PLUS no one can tell you how long AP will last.  it's impossible. 

Edited June 2, 2018 by NikLR

[darth vader 131]

1 minute ago, NikLR said:

Ive answered you a few times.  It depends on the ACTUAL jobs you've had.  A pharmacist or nuclear physicist or micro-biologist will be asked for a CV.  You're not a Canadian citizen either so your background will be more important.  You've said STEM but you haven't been specific.  PLUS no one can tell you how long AP will last.  it's impossible. 

My background: I work as a consultant for a big 4. I am a software engineer and have a masters degree from Canada where I published a research paper in a physics journal.

Regarding AP timeline guess being impossible, I understand that. I wanted to know what if folks have seen a case where someone was given a 221g for domicile and simultaneously put in an AP. Let's suppose such a case happens, is there a way to know when the AP is over while still waiting to answer 221g?

I ask because if we can track AP status without providing 221g documents, we can potentially stay together either while AP is conducted and then submit 221g docs, or submit 221g docs when the deadline of 1 year provided for 221g docs starts nearing.

I apologize for my questions, just trying to figure out all possible ways I can stay with my wife as long as possible and still navigate my way through the I-130 process.

[NikLR 13,220]

Software engineer? Depends on the software and who you work for specifically.

 

221g for domicile can last weeks to a year.

 

221g for CV and background checks can last a week to whenever... 

 

It's best for your wife to be living in the USA by interview.  If they give you a 221g you will have a timeline to reply.  If they keep your passport you can ask for it back for travel. 

Edited June 3, 2018 by NikLR

[TBoneTX 43,247]

The first post has been edited because of avoidance of the site's profanity-filter.  Keep the language clean here.

[pushbrk 12,150]

Technically, any 221g besides that can be responded to triggers "AP".  AP just means administrative processing.  It's also the status when all they are doing is producing and sending the visa package after a full approval.  No sense arguing about the use of the term.  It's a catch all.

 

The domicile issue will be a judgment call at the time of the interview based on the circumstances on the ground at that time.  Since it's months from now, just deal with it when the time comes.  Get your CV ready and as detailed and documented as you can.  

 

If you know how to build rockets, chemical weapons or bombs, etc., expect some AP time.  The more of that you have, the longer the AP.

[Ontarkie 13,924]

 Yes AP for domicile with Montreal is held at a much higher degree then any other Country I've seen. Take the job, one less thing for them to hold you back on. Plus anything you need to send Montreal later will add another 2 months before they even look at it. 

[NikLR 13,220]

4 hours ago, missileman said:

I have never heard of anyone being placed into AP due to domicile issues.  However, a 221g requesting documentation is more common. 

AP for domicile for Canada is quite common.  The US consulate in Montreal pretty much requires the USC to be living in the USA by interview.  Getting around this is very very difficult.  A 221g is AP. 

[JFH 12,189]

You said it was a complicated situation when in actual fact it's very simple. Your wife has been offered a job. She takes the job, moves here and domicile is well and truly sorted. The only complication is one that you are trying to make for yourself in that you want to stay together but at the same time satisfy the domicile requirements for Montreal (where the bar is set very high to stop border-hopping and misuse of the immediate family visas). How often is such a job opportunity likely to come around for your wife? Is she in a position where she is likely to receive numerous offers and can "take her pick"? 

 

I understand that you want to stay together but the Montreal embassy doesn't care about that. And you are fortunate, more fortunate than others, that you have been able to spend so much time together thus far anyway. Many people going through this endure months, even years, of separation. Depending on where you are in Canada and where the job is in the US, you could still spend weekends together in Canada. Probably not if you're in Halifax and the job is in Hawaii but if it's a Vancouver/Seattle type arrangement then you should be able to see each other every week. How I would have loved to have been able to see my husband every week during this process! 

 

If you are put into AP due to your employment history and field of work, well...that can't be helped. That would have happened no matter where you are in the world. All you can do us send the required documents as quickly as possible. The rest is out of your control so no point worrying about it. 

Edited June 3, 2018 by JFH

[Nitas_man 3,100]

This is not a complicated situation at all.  It is straightforward.  If you want to immigrate have your wife take the job and file the petition.  At least you can see each other whenever you want to unlike so many couples on this site.  You have provided no information that implies you would be singled out as a STEM applicant and if you want to stay with your wife through the process she has to show some serious ties to the US and some serious cash to sponsor you.  The ties and cash requirement disappear if she relocates and takes a job.

[fdhs 9]

Well, you could *try* an exceptional circumstance DCF using the "Short notice of position relocation" example - see the filing instructions for the I-130: https://www.uscis.gov/i-130. If you get permission to do this, the process is a lot quicker-your wife could take the job, and you'd be able to join her in a month or two. 

 

Apparently it is quite difficult to get permission to do DCF from Canada (so far using google, I found one case of this working from Canada on VJ - back in 2014). See below for a thread discussing this

 

On the other hand, since it only takes a few´days for them to decide whether to let you do this or not, there is no harm in trying (you would potentially only lose a few days time if they say no, and you have to send the I-130 to the Chicago lockbox).

 

It would also be another datapoint for VJers interested in this issue.

Edited June 3, 2018 by fdhs