Rod James - Montreal interview tomorrow

[trailmix 77]

Just wanted to say good luck with your interview tomorrow Rod. I know that you are going to attempt to prove reestablishing domicile for your wife - and as we have seen that can be a tough task in Montreal.

Good luck, you seem to have strong proof - please let us know how it goes!!

[Rhiannercakes 14]

Good Luck!

[slider100 8]

Good luck !!!

[Avery 0]

Good luck! My fingers are crossed! =D

[sdw 10]

Good Luck!!!

[Allie 5]

Good luck, hoping all goes well

[Hugglebuggles 60]

Good luck Rod!

[Carlawarla 1]

Best of luck!

[Kimbear 53]

Good LUck!!!

[Dan and Ali 3]

I know the interview is over already but I still wanted to say I hope it went great!

[Rod James 0]

Wow, it's so cool to see the army of support we have at VJ. Thank you all for your thoughts and wishes.

Our interview went well. I made sure to get there early...got to the door at around 6:00 am and waited an hour and a half in -20 degree weather. That was a first for this West Coaster! The next person showed up 45 minutes after me so I guess i was a little too eager, but this was one appointment i wanted to be first for. Being first got us into processing quickly and the whole thing was over in about an hour.

The only thing that scared me for a moment was at the interview when we began to prove my wife's domicile in the US. Our first piece of evidence was the lease agreement we signed for a home we found to rent in Oregon. She asked if we had put any money down on it yet and we hadn't because we had barely gotten the paperwork faxed to us in time for the interview (besides, I was reluctant to part with money before we knew I was approved). She said we needed to have money down for it to be considered. My heart sank for a moment, but then we presented an enrollment letter for our children for a music program in Canby...they are home schooled so we couldn't enroll them in a school for academics. And my wife piped up and said we had sold our house. That seemed to get a response and she asked for the contract and if we had cleared the mortgage. We said we had made a sizeable profit on top of clearing the mortgage and when I was going to produce a bank statement showing the amount owing so she could do the math, she said, "that's enough, you can put your papers away." I had almost reached the document and began to explain that i was just looking for a bank statement for the mortgage. She spoke over me, "I said STOP looking...you can put your papers away. Welcome to America."

I thought to myself "yes maam, whatever you say." We told her that was great news and thank you very much and then she allowed us a small smile. i then ventured a casual remark regarding all this paperwork i had prepared and what was i going to do with it. She simply smiled and said that it is good to come prepared and that was it. We mentioned that we were going to be in town an extra day and wondered if we could get the visa the next day. she filled out an appointment card to come back at 3:00pm the following day and said they would do their best. So, i picked it up the next day. Hallelujah! What an amazing relief for all this crazy preparation and stress this has been on top of our full lives. And i won some big points with my sweet wife for standing out in the cold so we could move our family back to where her folks live.

The one question that I haven't yet sorted is what this Visa actually does for me. Does the actual green card come after i enter the country at some point or is this basically it? It has an expiry date of June 2010 so I figured something more permanent would follow?

Once i cross into the US with all my stuff do I have to remain in the US for a certain length of time or can I return to Canada right away?

I had a former immigration officer tell me that after three years I could apply for citizenship but read elsewhere I needed 40 working quarters in the country before I could apply for citizenship. Can someone confirm the facts about this?

Again, thanks everyone for your thoughtfulness and I'm thrilled to have good news to report. This site has been a lifesaver.

Edited December 29, 2009 by Rod James

[Kathryn41 3,205]

Congratulations!

The June 2010 date is the one that says how long the visa entry is valid for - you need to cross the border and 'activate' the CR-1 visa before the process is complete and you need to do that before June 2010. Once you cross the border and activate the Visa that will trigger the production of a green card - I-551 Permanent Resident card - for you. They will stamp your passport with a temporary I-551 stamp that will have a specific date on it - it doesn't mean that your status expires on that date, just your proof of your status. You should have your green card by that time. If you don't you can get your passport re-stamped at a USCIS office in the States. With the CR-1 I believe you had the option to check that you wanted a SSN card as well. That may or may not happen . If within a few weeks you haven't received your SSN card, you can apply in person at the local SSA building. They need to have your information filed by immigration in order to issue the card.

Now, the 40 quarters of work and 3 years in Canada are two separate issues. You can apply for US citizenship as the spouse of a US citizen as long as you are still married to each other and living together 90 days prior to your third anniversary of becoming a permanent resident - eg, the day you officially crossed the border. To become a permanent resident your wife completed an Affidavit of Support ensuing you would not become a burden on US taxpayers and agreeing to pay back the government if you did. This Affidavit of Support remains in effect until you have earned 40 quarters of employment SSA benefits, you become a US citizen, you give up your permanent residency in the US or either of you passes away.

Once you activate the CR-1 Visa and get the I-551 stamp in your passport you are actually allowed to come and go as you please, as long as you are not living outside of the US or staying outside of the US for extended periods of time. A lot of individuals activate the visa and start the green card process and return to Canada in order to finish tying up loose ends (finishing employment contracts, selling property, finishing school, getting things ready to move, etc.). It is expected that you are now living in the US, though, and your presence in Canada is temporary. Permanent Resident status has mandatory residency requirements, although coming and going on short visits out of the US is not a problem.

Hope this helps.

[Lenie7 0]

Congratulations on your approval! It's good to see that they are actually looking at evidence and listening to the the interviewees instead of making up their minds beforehand.

[trailmix 77]

Congratulations to you and your family! Nice to hear of your approval

[Rod James 0]

Thanks for the explanation Kathryn. You all rock.