The dreaded DS-5535 thread for Montreal Only. Post here and support each other (PART 4)

[Homayounfar 0]

My wife and I are both citizens of Iran. I am already a Canadian citizen too, and my wife is expected to naturalize as a Canadian citizen in approximately two years.

We expect to get our consular interviews in Montreal soon, but considering all the recent bans, would it be more advisable to proceed now and notify the officer that we will submit my wife’s Canadian passport once she receives it (in 1-2 years), or should we delay the interviews until her citizenship is finalized? If we choose to wait, what is the maximum allowable period to delay an interview at the Montreal consulate?

 

Furthermore, as I am the Principal Applicant and my wife is a derivative beneficiary, is it possible for me to complete the consular process and receive my immigrant visa now, while she waits to finalize hers later? Or is it legally or procedurally required for both of us to do our interviews and receive our visas concurrently?

[Ontarkie 15,140]

I would go to the interview, with your country of birth expect a long delay due to AP (background checks). Montreal is low with just about everything. If by chance you both get through AP fast, hers will be delayed until the ban is over or she gets her Canadian passport. 

[appleblossom 5,913]

6 minutes ago, Homayounfar said:

My wife and I are both citizens of Iran. I am already a Canadian citizen too, and my wife is expected to naturalize as a Canadian citizen in approximately two years.

We expect to get our consular interviews in Montreal soon, but considering all the recent bans, would it be more advisable to proceed now and notify the officer that we will submit my wife’s Canadian passport once she receives it (in 1-2 years), or should we delay the interviews until her citizenship is finalized? If we choose to wait, what is the maximum allowable period to delay an interview at the Montreal consulate?

 

Furthermore, as I am the Principal Applicant and my wife is a derivative beneficiary, is it possible for me to complete the consular process and receive my immigrant visa now, while she waits to finalize hers later? Or is it legally or procedurally required for both of us to do our interviews and receive our visas concurrently?

 

You can get your IV, but unless you're ok with risking having to live apart, it may be easier to postpone for both of you. Have you been DQ'ed? It would be super helpful if you filled your timeline in. 

 

Hopefully the ban will be lifted long before your wife becomes eligible for Canadian citizenship.

[Homayounfar 0]

18 minutes ago, Ontarkie said:

I would go to the interview, with your country of birth expect a long delay due to AP (background checks). Montreal is low with just about everything. If by chance you both get through AP fast, hers will be delayed until the ban is over or she gets her Canadian passport. 

Thanks for your response! Do you know for a fact that the background checks will be initiated before she submits her Canadian passport? My concern is the risk of an outright rejection, which is why I’ve been considering whether it makes sense to delay her interview. Have you seen similar cases in the past?

[Homayounfar 0]

16 minutes ago, appleblossom said:

 

You can get your IV, but unless you're ok with risking having to live apart, it may be easier to postpone for both of you. Have you been DQ'ed? It would be super helpful if you filled your timeline in. 

 

Hopefully the ban will be lifted long before your wife becomes eligible for Canadian citizenship.

Why living apart? Wouldn't it be possible to get a re-entry permit to cover the residency requirements?

[mam521 3,011]

5 minutes ago, Homayounfar said:

Why living apart? Wouldn't it be possible to get a re-entry permit to cover the residency requirements?

Iran is on the banned list.  Your documents would be issued because you have more than one citizenship and that one of those citizenships is from a country that isn't banned.  If your visa is issued, you are expected to move to the US and reside permanently.  Considering the current administration and the thin line you're walking of being accepted simply due to Canadian citizenship, there is no way I'd contemplate applying for a reentry permit immediately after receiving your American PR.  Even if a re-entry permit were issued, there is no guarantee it would be issued with a 2 year expiration.

Edited 16 hours ago by mam521

[Ontarkie 15,140]

26 minutes ago, Homayounfar said:

Thanks for your response! Do you know for a fact that the background checks will be initiated before she submits her Canadian passport? My concern is the risk of an outright rejection, which is why I’ve been considering whether it makes sense to delay her interview. Have you seen similar cases in the past?

I cannot say 100% that you both will end up in a long AP. From watching the forums over the years it is a very likely scenario. You should browse the other forums of the banned countries to see what is happening. If they are just on hold or outright denied. I don't think they would be outright denied, but I'm just guessing. 

 

Mam is being cautious with recommending delaying the  interview, and avoiding re-entry permit. Applying for re-entry is the right way to go, and what it is meant for, but I do want to add to be careful with that as Montreal is a stickler for domicile. If they think you have not really moved to establish domicile they could deny the visa for your wife. 

[appleblossom 5,913]

1 hour ago, Homayounfar said:

Why living apart? Wouldn't it be possible to get a re-entry permit to cover the residency requirements?

 

Possible yes, guaranteed no.