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HF & HB

Montreal Consulate - Evidence Request for beneficiary's Canadian citizenship for fiances born elsewhere

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Posted (edited)

Hi everyone,

 

Just wanted to see if anyone else has encountered this for Canadian fiances in the consular phase.

Our consulate receive date was April 5th and after approval from the USCIS without any RFEs I was surprised to find out that the consulate stopped processing our case since they mistakenly thought I had no legal status in Canada. This is not the case since I have been a citizen almost all of my life and apart from living in my birth country for a few years before arriving in Canada I never lived anywhere else. We only found out that they stopped processing our case by chance since I happened to email them regarding what to do with my NOA2 expiry date since it was becoming clear that due to not receiving Packet 3 I would probably not be able to book an interview by the expiry date. (Side note - I had also emailed them as soon as my papers reached the Consulate asking if they needed anything from me or if I could submit anything and at that point I wasn't made aware of any problem and was told to not submit anything).

After receiving the very disappointing email two Fridays ago that a Packet 3 letter had never been sent and that our case was not moving forward, we quickly sent all my citizenship and proof of residence documents via email. I received confirmation last Wednesday (5 days later) that it was received but beyond that no information or help whatsoever. We are very much hoping to hear back this week. I can definitely say that due to there being no assistance via phone (as was the case with the USCIS and Visa center) dealing with the Consulate has by far been the most frustrating part of this entire visa journey. 

 

My hope in sharing this is

1) To let fiances who are Canadian but born elsewhere know that they may also encounter this and that in the I-129 F there appeared to be no requirement for proof of beneficiary's citizenship ( Our USCIS approval with no RFE suggests this also)

2) To ask if anyone else encountered this, and if so how long did it delay your ability to book an interview/the rest of the process.

 

Thanks for reading, and good luck in your visa journey!

 

Edited by HF & HB

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Posted (edited)
20 minutes ago, HF & HB said:

that in the I-129 F there appeared to be no requirement for proof of beneficiary's citizenship ( Our USCIS approval with no RFE suggests this also)

Correct. The form is flawed regarding this.

20 minutes ago, HF & HB said:

To ask if anyone else encountered this, and if so how long did it delay your ability to book an interview/the rest of the process.

First time I've seen it. Seems they (very) wrongly assumed the beneficiary only had a Canadian tourist visa. Most embassies are strict regarding beneficiary's status in the embassy's jurisdiction.

Edited by treppenwitz

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Posted (edited)
27 minutes ago, HF & HB said:

Hi everyone,

 

Just wanted to see if anyone else has encountered this for Canadian fiances in the consular phase.

Our consulate receive date was April 5th and after approval from the USCIS without any RFEs I was surprised to find out that the consulate stopped processing our case since they mistakenly thought I had no legal status in Canada. This is not the case since I have been a citizen almost all of my life and apart from living in my birth country for a few years before arriving in Canada I never lived anywhere else. We only found out that they stopped processing our case by chance since I happened to email them regarding what to do with my NOA2 expiry date since it was becoming clear that due to not receiving Packet 3 I would probably not be able to book an interview by the expiry date. (Side note - I had also emailed them as soon as my papers reached the Consulate asking if they needed anything from me or if I could submit anything and at that point I wasn't made aware of any problem and was told to not submit anything).

After receiving the very disappointing email two Fridays ago that a Packet 3 letter had never been sent and that our case was not moving forward, we quickly sent all my citizenship and proof of residence documents via email. I received confirmation last Wednesday (5 days later) that it was received but beyond that no information or help whatsoever. We are very much hoping to hear back this week. I can definitely say that due to there being no assistance via phone (as was the case with the USCIS and Visa center) dealing with the Consulate has by far been the most frustrating part of this entire visa journey. 

 

My hope in sharing this is

1) To let fiances who are Canadian but born elsewhere know that they may also encounter this and that in the I-129 F there appeared to be no requirement for proof of beneficiary's citizenship ( Our USCIS approval with no RFE suggests this also)

2) To ask if anyone else encountered this, and if so how long did it delay your ability to book an interview/the rest of the process.

 

Thanks for reading, and good luck in your visa journey!

 

I've read on a few forums where the beneficiary was asked for proof of citizenship out of the Montreal consulate (if the beneficiary wasn't born in Canada), so I think it's quite common for them to be asking. Good luck!

Edited by LOve17

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Posted (edited)

Thanks treppenwitz for your reply, it really helps to have a second opinion and input! And yes you are correct, in the email I got the impression that they thought I was a visitor. Hopefully this info helps others who may be doing their I-129 F. 

Edited by HF & HB

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Posted (edited)
3 hours ago, HF & HB said:

I was surprised to find out that the consulate stopped processing our case since they mistakenly thought I had no legal status in Canada. This is not the case since I have been a citizen almost all of my life and apart from living in my birth country for a few years before arriving in Canada I never lived anywhere else.

After receiving the very disappointing email two Fridays ago that a Packet 3 letter had never been sent and that our case was not moving forward, we quickly sent all my citizenship and proof of residence documents via email. I received confirmation last Wednesday (5 days later) that it was received but beyond that no information or help whatsoever. We are very much hoping to hear back this week.

Sorry to hear about your case. Form I-129F is made to be unfair to foreign-born Canadian citizens. I'm also foreign-born and had my case held up for 3 weeks because they wanted to see my proof of citizenship before P3. What surprises me is that they didn't initially ask you for proof of citizenship.

Edited by Vans

04-16-2019 - K1 AOS mailed (USPS)

04-18-2019 - AOS delivered

04-23-2019 - Texts received, NOA

05-17-2019 - Biometrics, Fingerprint Completed status

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Moved from K1 Process & Procedures to Canada regional forum; issue is country specific.


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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Montreal is quite slow. Wait a week or two then send packet 3.  You dont need to recieve it to send it.  You also dont need all the items on the checklist to send it either just have them all by interview.  


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Posted (edited)

My fiance was a Canadian PR at the time of filing our petition. We sent a copy of his PR card with our I-129f packet, though looking back, I'm not sure what exactly prompted us to do that. He was never asked for further proof of status from the Consulate, while many others on our timeline were. So it is good to note that sending proof of status with the initial petition likely helps prevent that. 

 

And like others have said, MTL is super slow. Even at consulate received April 5, you're really not that far beyond averages of late. Also keep in mind, if your birth country is a high fraud country, you may expect to see an extended Administrative Processing time after interview even though you spent hardly any time there. Just in case you need to mentally prepare. 

Edited by MeghanK

4/14/2018 - Mailed I-129f

10/16/2018 - NOA2

11/13/2018 - NVC received 

11/29/2018 - Consulate received

12/12/2018 - P3

1/10/2019 - P4
3/27/2019 - Interview

4/4/2019 - Visa received 

 

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7 hours ago, HF & HB said:

Thanks NikLR for the suggestion to  send off Packet 3. I did actually include those documents in the same email as my citizenship proof in the hopes that maybe they would proceed with Packet 4. 

You included a signed packet 3 checklist and the DS-160 confirmation? Good. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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I received Packet 3 today visa email requesting me to resubmit Packet 3 info since they now want to proceed with my case after submitting citizenship/residency proof.  In total we have been set back roughly 3-4 weeks. It seems that it is similar to the set back previously mentioned by VansThanks everyone for your input. 

 

 

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Posted (edited)

I received Packet 4 today via email, and I have the interview set for July 10. For anyone that is waiting for Packet 4 and wondering what the availability of interview dates looks like, as of today the soonest interview is July 10. It seems though that the Consulate is allowing people to book an interview pretty far in advance and even now mid-month, which is good, since I read in some comments, people saying that the scheduling wasn't open until the last week of the month. 

Edited by HF & HB

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