US Immigration from Canada

Hi there! My wife and I received confirmation October 19th, 2021 that USCIS had received our Form I-130 and I-130A. We'd originally planned on having my wife move to the USA in February (she is a US citizen), with me coming down to visit a few times. However, it seems like visiting during the time an I-130 is pending can be grounds for dismissal for our application. Also, I am limited by my visa regulations (no more than 6 months in 12 caN be spent in the USA) and we are trying to spend the least amount of time apart.

Therefore, we are now thinking that it may be best for us to continue to live in Canada until the I-130 is processed (my wife is a PR here). We had originally planned on having my wife move earlier because we thought she needed a US job to prove domicile. However, after speaking to an immigration lawyer, she suggested that my wife does not need to have a job in the USA at the time we are asked for a Visa interview. My questions are:

• Are there any other married couples on here who remained in Canada while awaiting the results of Form I-130? If so, what did your process look like?
• If we do remain in Canada until I-130 is accepted, what would my wife need to have ready to prove domicile when we are asked for the next steps? She has voted in every election, has maintained a US bank account even while living in Canada, has filed US taxes every year, and we have financial statements proving we have over 5x the poverty limit ($21,000).
• Does my wife need to have a job in the USA at the time we go for our Visa interview?

We are not trying to break any rules/skirt around the law, but rather just want to establish a plan over the next 12 months to set ourselves up to be successful in our application and not spend too much time apart. Any help would be greatly appreciated!

Hi everyone!

Back in July 2020 my fiance and I applied for the K1 fiance visa. At the time I was unemployed due to my industry shutting down from Covid and that route made the most sense for us... but in November I managed to land my dream job. Knowing that there's a period where I have to stay in the US until I have a green card in my hand and that the timeline for that is wonky due to covid delays we decided that it would be financially crippling for me to leave the job during that period. We withdrew our K1 visa, got married, and applied for the spousal visa. It'll most likely end up being the same timeline, but at least I can stay in Canada and continue to work while we wait for the GC.

After we submitted our withdrawal (we sent a copy to both the lockbox and the California office), I got an approval notice for the K1 visa and a notice saying that my case is being sent to Montreal. How can I ensure that the K1 visa is cancelled so someone else may have that place in line? I tried using Emma but it just sent me in circles. Do I simply just let it expire?

Thank you in advance!

My husband (beneficiary) and I (USC) had our initial interview yesterday, which I think went really well and I was hoping for our application to be approved on the spot. It seemed things were going that direction when the officer who interviewed us said there was a name spelling error on my husband's biometrics. This misspelling was present on the biometrics request letter my husband received in August, and when he went to give biometrics they said they recognized that they messed up his name but that they would fix it and they took his biometrics that day.

The interviewing officer said he put in a ticket to have the name fixed, but then he couldn't run the background checks until it was fixed and there was some possibility that my husband would have to redo the biometrics. He gave us a bunch of information very quickly if he approved the application, such and such would happen, we might get a letter in a couple weeks, we might get a call, we might get the green card in the mail, etc.

It was kind of a nebulous 'wait and maybe something will happen' answer. He said we could call the information number in 30 days.

Wondering if anyone else has been in this situation and how long it took to fix and get a final decision. It sucks that it felt like we were so close to being finished with the process and then because of their mistake we might have a major delay.

We are checking the online account for updates daily, right now it still says 'interview was scheduled.'

Any input is appreciated!

Starting a thread so us fellow November 2021 can get together and help each other.

Filed online under the 5 years rule on Nov. 1st in Atlanta GA.

Good luck to you all!

Hello,

Where can I find a list of doctors who can do the medical exam required for the interview? I live in a pretty remote area so I highly doubt there is one anywhere near me.

Should I get it in MTL while there for my interview? How many days in advance before my interview if I get it done while in MTL? It would suck to have to stay there for more than a week in a hotel...

Thanks in advance.