I need your advice

[Val2215 5]

So I filed for my husband beginning of this year. We should hopefully receive feedback about the I-130 by end of year. My husband put off traveling to Canada for grad school due to the pandemic. He really wants to go back to grad school, but he is afraid leaving the country He is in now to go to Canada may disrupt the filling process. Has anyone been in this situation or dealt with something similar?

[Rocio0010 5,572]

How long will he be gone to Canada?

[Val2215 5]

3 minutes ago, Rocio0010 said:

How long will he be gone to Canada?

He will be in Canada for his program which is a year and a half. It looks based on the processing time that I will receive feedback about the I-130 by end of year or early next year. So He does not know if He should start in Spring or defer his admission

[Rocio0010 5,572]

2 minutes ago, Val2215 said:

He will be in Canada for his program which is a year and a half. It looks based on the processing time that I will receive feedback about the I-130 by end of year or early next year. So He does not know if He should start in Spring or defer his admission

Does he know that he is jeopardizing his green card by staying away for so long?

If he is going to be outside of the US for so long, he needs to apply for a re-entry permit. Might or might not get extra scrutiny due to that and the fact that he is from Nigeria.

[Val2215 5]

2 minutes ago, Rocio0010 said:

Does he know that he is jeopardizing his green card by staying away for so long?

If he is going to be outside of the US for so long, he needs to apply for a re-entry permit. Might or might not get extra scrutiny due to that and the fact that he is from Nigeria.

So sorry for the mix up he is in nigeria waiting to come to the US. But wanted to apply for a student permit to go to school in Canada 

[Chancy 6,233]

*** Moved from Bringing Family of USC forum to IR1/CR1 Process & Procedures, where topics about I-130 for spouse of USC are discussed ***

 

1 minute ago, Val2215 said:

he is in nigeria waiting to come to the US. But wanted to apply for a student permit to go to school in Canada

 

Your spouse beneficiary studying in Canada will have no negative impact on the processing of your I-130 petition for him.  It might turn out to be better for him to be residing in Canada when it comes time to apply for his spouse visa as the wait time for interview in Montreal is currently shorter than that for the consulate in Lagos.

 

[Dashinka 23,355]

I say go to Canada and work on his education.  I doubt this will have any impact on his future CR1/IR1 process.

 

Good Luck!

[Rocio0010 5,572]

If the CR1 has not been approved yet,  and he's still in Nigeria, I don't see the issue.

 

Has he ever been married before?

Edited October 6, 2022 by Rocio0010

[Val2215 5]

5 minutes ago, Chancy said:

*** Moved from Bringing Family of USC forum to IR1/CR1 Process & Procedures, where topics about I-130 for spouse of USC are discussed ***

 

 

Your spouse beneficiary studying in Canada will have no negative impact on the processing of your I-130 petition for him.  It might turn out to be better for him to be residing in Canada when it comes time to apply for his spouse visa as the wait time for interview in Montreal is currently shorter than that for the consulate in Lagos.

 

Thank you for the advice!! 

4 minutes ago, Rocio0010 said:

If the CR1 has not been approved yet,  and he's still in Nigeria, I don't see the issue.

 

Has he ever been married before?

No He has never been married before 😁 We are a young couple

[Val2215 5]

6 minutes ago, Dashinka said:

I say go to Canada and work on his education.  I doubt this will have any impact on his future CR1/IR1 process.

 

Good Luck!

Thank you for the advice!!

[Rocio0010 5,572]

8 minutes ago, Chancy said:

it comes time to apply for his spouse visa

They already applied for the I-130.

Can he interview in Canada even though he's from Nigeria?

[Chancy 6,233]

2 minutes ago, Rocio0010 said:

They already applied for the I-130.

Can he interview in Canada even though he's from Nigeria?

 

As long as he has legal residency in Canada, he can interview in Canada, no matter his citizenship or residence at the time of petition filing.  Having a valid student permit counts as legal residency.

 

[Dashinka 23,355]

12 minutes ago, Rocio0010 said:

They already applied for the I-130.

Can he interview in Canada even though he's from Nigeria?

Yep, as long as he establishes legal residency/presence.

[Chancy 6,233]

30 minutes ago, Val2215 said:

Thank you for the advice!! 

 

You're welcome!  Also, make sure that your husband gets his police character certificate before leaving Nigeria.  Best to get copies of his other civil documents as well, like birth certificate and school transcript.

 

[Val2215 5]

1 minute ago, Chancy said:

 

You're welcome!  Also, make sure that your husband gets his police character certificate before leaving Nigeria.  Best to get copies of his other civil documents as well, like birth certificate and school transcript.

 

I did not think about that I will tell him to do this especially the police character certificate.