Question about consulate interview

[cmkl 0]

Hi there, I was hoping somebody may be able to help me, I just had a couple of questions. 

Me and my fiance are living and working in Canada on a temporary work visa that expires October 2020. I am a UK citizen and she a US citizen. 

After a long consideration we have decided to get married next week while here.  

We can then apply straight for a CR-1 visa as opposed to the K1 visa which we were initially going to go for, but this makes more sense for us now.   

 

We are hoping to file the I-130 before the end of August this year, giving us just under 14 months to complete the process. 

My question however, was that if we choose the Montreal consulate as the interview location,  if in the event I have not had my interview yet, would I still be able to come back and attend the consulate interview on a visitor visa if the worst case scenario happens and I have to return to the UK. 

 

We are doing this ASAP to allow as much time as possible before the expiration of our visas, however I am aware processing times are taking longer than usual currently and can sometimes take longer than 14 months. 

 

I was also wondering about domicile - as we are on a temporary work visa, my fiance has kept ties to the US. She has bank accounts with funds in, drivers license, filing taxes, and we will be living in her mothers house for as long as required. Do you think this would be OK for the consulate to show intent to domicile, as on expiration of the work permit she would be returning to the US anyway as it is only a temporary work visa? She can also gain an offer of employment from her father as she will be working for his business on return. 

 

Any help would be much appreciated.

 

Thanks

 

 

[Crazy Cat 39,218]

52 minutes ago, cmkl said:

My question however, was that if we choose the Montreal consulate as the interview location,  if in the event I have not had my interview yet, would I still be able to come back and attend the consulate interview on a visitor visa if the worst case scenario happens and I have to return to the UK. 

Generally, consulates require that the applicant legally reside in country in a status other than a visitor.  In fact, the Montreal checklist i read a few months ago requires the applicant to submit a copy of the work permit, asylum permit, resident card, etc. at the interview.  

https://travel.state.gov/content/dam/visas/Supplemental/MTL - Montreal.pdf

 

[cmkl 0]

12 minutes ago, missileman said:

Generally, consulates require that the applicant legally reside in country in a status other than a visitor.  In fact, the Montreal checklist i read a few months ago requires the applicant to submit a copy of the work permit, asylum permit, resident card, etc. at the interview.  

https://travel.state.gov/content/dam/visas/Supplemental/MTL - Montreal.pdf

 

Thanks for the response. 

So should I not have my interview scheduled in time, what do you suggest I do? Could I still attend the interview as normal ?

This is very stressful as changing interview location for consulate would delay the application by a substantial period of time. 

Do you think they would make an exception due to circumstance? 

[Crazy Cat 39,218]

2 minutes ago, cmkl said:

Thanks for the response. 

So should I not have my interview scheduled in time, what do you suggest I do? Could I still attend the interview as normal ?

This is very stressful as changing interview location for consulate would delay the application by a substantial period of time. 

Do you think they would make an exception due to circumstance? 

I would email the Montreal consulate and ask.......

[Nitas_man 3,100]

10 hours ago, cmkl said:

Hi there, I was hoping somebody may be able to help me, I just had a couple of questions. 

Me and my fiance are living and working in Canada on a temporary work visa that expires October 2020. I am a UK citizen and she a US citizen. 

After a long consideration we have decided to get married next week while here.  

We can then apply straight for a CR-1 visa as opposed to the K1 visa which we were initially going to go for, but this makes more sense for us now.   

 

We are hoping to file the I-130 before the end of August this year, giving us just under 14 months to complete the process. 

My question however, was that if we choose the Montreal consulate as the interview location,  if in the event I have not had my interview yet, would I still be able to come back and attend the consulate interview on a visitor visa if the worst case scenario happens and I have to return to the UK. 

 

We are doing this ASAP to allow as much time as possible before the expiration of our visas, however I am aware processing times are taking longer than usual currently and can sometimes take longer than 14 months. 

 

I was also wondering about domicile - as we are on a temporary work visa, my fiance has kept ties to the US. She has bank accounts with funds in, drivers license, filing taxes, and we will be living in her mothers house for as long as required. Do you think this would be OK for the consulate to show intent to domicile, as on expiration of the work permit she would be returning to the US anyway as it is only a temporary work visa? She can also gain an offer of employment from her father as she will be working for his business on return. 

 

Any help would be much appreciated.

 

Thanks

 

 

Domicile:  She has enough

 

Location:  I would suggest mailing address Canada, permanent address UK, and interview in the UK.  That’s just me and why take the chance.

[pakImmi 21]

You can change your interview consulate at the later stage also. You will only have to prove that you are legally living in the country where you want to move your case. 

 

I moved my case to another country at NVC stage and it took around two weeks..

[JFH 12,189]

Montreal is probably the hardest place to get through on the domicile issue. For that reason alone you might want to consider nominating London as your embassy for the interview. Have a read of this - there have been many denials in Montreal for people in a similar situation:

 

Domicile is so huge at Montreal that we even have a whole sticky thread dedicated to it.  

 

The alternative is that the USC returns home before the interview and establishes himself here again. Yes that will mean being apart for a few months (most of us have survived longer periods apart) but that’s certainly less painful than a denial. 

[cmkl 0]

Thanks for the responses guys. 

After considering we are going to nominate London as the embassy for interview. Would this cause any conflict as our mailing address would still be in Canada?

I would basically schedule the medical and fly back to the UK when I get the interview. Am based in Vancouver so would have had to fly over to Montreal anyway (whats another 4 hours in a plane!) We just feel like this will have least risk involved with Montreal's track record on the domicile issue, and potentially not having an interview scheduled before expiration of our visa here. 

 

I still have a permanent address in the UK (my parents) and have a bank account etc in UK. 

 

Thanks again.