mikegarycole

So, we're applying for the IR-1/CR-1 visa, and we just got an RFE: the marriage certificate we sent in wasn't the the registered copy. So, now they need the registered copy. No big deal, right? WRONG! The guy who performed our marriage forgot to send it in to the registrar. So now we're looking at an 8-week delay.

Has anyone had an experience like this? Is there any other kind of documentation that they'll accept instead of the registered copy?

I think the notary charges very. I'm in BC and they were ~$25-35 depending on who did them. It was a complete pain in the @ss but worth it! I sent a total of 7 letters with my I-130.

MrsJ

Wow, that's pricey. Oh well. All the people we're asking to do them are long-time friends. I've paid hundreds of dollars on tux rentals for their weddings, they can shell out $25.

The Affidavit of a Bonafide Marriage can be done by anybody that knows the couple as long as it has been notarized. I sent a mixture of letters from my family here in Canada and his family there in the US. Also, I had my US husband do one.

This is the inforamation that I included in my letter. I can email you the blank template, PM me if you like! I completed a standard for most of my friends and family and then had them fill in a few blanks. Note, that many US Banks will have a notary that will notarize your letter for free or a nominal fee vs Canada. I spent oodles having them done here by family/friends.

Good luck!

MrsJ

Hey, I sent you a PM.

I was referring to the Affadavit of a Bonafide Marriage, not the support one. Sorry for that confusion.

How much did it cost to get something notarized in Canada? I've never paid here in the States, always just take it to my bank.

Do these affidavits need to be from US citizens only, or can Canadians do it for us? Most of our long-term friends are Canadian.

That's your only option. She's not legally allowed to move before getting the visa.

If they don't issue her an actual visitor's visa, and just wave her through like they normally do, do they keep track of how long she's here?

I've always wondered that. They never stamp her passport or anything.

Oh yes, that's right, August. Well, since that's about 5 months away, you should be just getting to NVC (hopefully not stuck at USCIS still). And from there, it's only about 4 months or so to the interview, and since she'd have to come back and get a medical, I'd say she'd only have to be in the US for three months, which would be much better than 6 months in a border officer's eyes. Also, since she's driving, make sure she packs extremely lightly, like one suitcase and that's it. The more suitcases, the more the officer will think she's moving.

Yep, that's what I was thinking. We can do the 'big' move after she's got the visa.

Ok, great that she's working. Definitely get her to get a letter from her employer saying that she's been granted 6 months (or however long you choose) leave and is expected to come back on so-and-so date or she'll be fired.

Does she have her own apartment or live with others? Do the same thing with this and get another letter saying she's leaving for however long and expected back on so-and-so date otherwise she'll be kicked out (if she's renting an apartment).

Also, wait until you get the NOA1 from USCIS before leaving. Then get her a copy so she can bring this as well, showing that you both want her to immigrate here legally. Only show this though if the crossing is going bad. Same for the above documents.

There's a big difference of staying a week and staying 6 months. She might get scrutinized more since they stay is so much longer.

And only living two hours apart, I bet it's also much cheaper to just drive than flying internationally.

Sounds like a good plan. And since this won't be until August, we'll be well into the process. May not even need 6 months, could be 2 or 3 by that point, which I imagine would go more smoothly.

Just tell her to be honest. She wants to visit you for a few months while the process is going on. Be warned though, the officer might think she's immigrating (that's what happened to me the second time I was denied even though I was only visiting for 2 weeks and had a return ticket). Especially since she drives, so she has no proof of a return plane ticket.

Is she currently working? Cause she can get a letter from her employer saying she is expected back on so-and-so date.

What's the longest she's stayed before (while you two were married)? Has she ever had problems before crossing?

She is currently working, and I know her boss would be more than happy to write any kind of letter she asked for.

Since we just got married last month, she's only stayed for a week or so tops. She hasn't had any issues, but it may be because the time has been so short.

We've found that driving is always easier than flying, border-wise.

Hypothetically, sure. As long as she gets through the border and has a valid passport for when she returns to Canada.

Keep in mind, once you get to NVC (after the I-130 petition is approved), she'll need to get a police certificate for the IV package, so she'd have to return to Canada to obtain it. She'll also need her birth certificate for this package as well, so make sure she brings this with her.

Also, after your case is completed at NVC and an interview date is scheduled, she'll need to return to Canada to get a medical done. There are only 4 approved panel physicians in Canada: 1 in Vancouver, 1 in Toronto, and 2 in Montreal. This has to be done in Canada, NOT in the US.

And obviously, she has to return to Canada to attend the interview. But this is a given (I hope).

Other than that though, yes, she can stay and visit you in the US while this process is going on.

Awesome. I don't suppose you'd have any suggestions as to the verbage to use when speaking to the border guard...

We just don't want to do anything that would jeopardize the visa process. But if they let her through, it's kosher?

She can try. She just has to make sure she has a lot of proof with her that she's returning back to Canada (letter from her employer of her return date, lease, etc). If she's not prepared, she could get denied at the border, like I did... twice

Hypothetically, couldn't she stay for 6 months as a visitor while it processes? We're sending in the paperwork this week, but ideally we'd like to have her here at the beginning of August, even if she can't work. Could she stay as a visitor until she gets her interview or whatever?

The good news is that she lives in a border town, so any border-crossing attempts don't require a long drive.

If you're married, then the IR-1/CR-1 visa is the only way to go.

As for the wait time, it's about 9 months for Canadians. About 5 months in USCIS, about 2 months at NVC, and another 2 months until the interview. Of course, this can be longer or shorter as it always varies, but that's the average.

And with an IR-1/CR-1 visa, the foreign spouse will be able to work upon arrival as that is one of the benefits of that visa.

Do you think she'll be able to enter the US during the processing? She doesn't ever fly here, always drives. We're actually only 2 hours apart.

Hello! I am an American, and my wife is Canadian. We just got married in January in Canada, and now we're starting the CR-1 process. How long can we expect until she's able to move here? It's not so vital to us that she be able to work when she's first here, just that she's here. Is CR-1 the best route to go?