smrowe

I just thought I'd briefly share our whirlwind experience. We packed hubby's stuff up in my car, drove from Toronto to Montreal the day before our interview to stay at a friend's north of town, had the interview at 8:30 on Tuesday morning (but we were in line around 6am - got C1)!. We finished there around 9am, and spent the rest of the day enjoying Montreal. On Wednesday morning we woke up to an email that Loomis had his visa but that it wasn't ready to pick up from the Dorval location yet. By 2pm we got tired of waiting for the status to change so we tried calling the central Loomis number to ask for the local Dorval number. The operator took our waybill # and checked on things for us and told us that even though it didn't say "Ready" in the system that it was in fact ready to pick up! So, we left Laval around 3pm, swung through Dorval to pick up his packet, and then continued south to the border. We POEd at the Champlain crossing around 5:30 pm. The guys there were totally relaxed, we were the only ones in secondary, and it all went very smoothly. We've stopped for the night and have about 10 more hours of driving tomorrow until we get home, but after all of that I only have one thing to say:

OMG, I can't believe that actually worked!
Now we're so happy that he's not just visiting and that we get to go home!!!

I just thought I'd briefly share our whirlwind experience. We packed hubby's stuff up in my car, drove from Toronto to Montreal the day before our interview to stay at a friend's north of town, had the interview at 8:30 on Tuesday morning (but we were in line around 6am - got C1)!. We finished there around 9am, and spent the rest of the day enjoying Montreal. On Wednesday morning we woke up to an email that Loomis had his visa but that it wasn't ready to pick up from the Dorval location yet. By 2pm we got tired of waiting for the status to change so we tried calling the central Loomis number to ask for the local Dorval number. The operator took our waybill # and checked on things for us and told us that even though it didn't say "Ready" in the system that it was in fact ready to pick up! So, we left Laval around 3pm, swung through Dorval to pick up his packet, and then continued south to the border. We POEd at the Champlain crossing around 5:30 pm. The guys there were totally relaxed, we were the only ones in secondary, and it all went very smoothly. We've stopped for the night and have about 10 more hours of driving tomorrow until we get home, but after all of that I only have one thing to say:

OMG, I can't believe that actually worked!
Now we're so happy that he's not just visiting and that we get to go home!!!

So nice for people to weigh in on the OPs personal life - especially the part where you are regaling us with religious beliefs or feelings of disgust that are totally irrelevant to this conversation. We live in a nation of secular laws. We do not live in a theocracy.
The OP is wanting to know what rights he and his long time partner have under (secular) immigration law, especially in light of the DOMA ruling yesterday.
So, same sex married couples are now federally-recognized, legally married partners in the eyes of the law. That is the reality. The focus should be on answering the OP's query and helping him find the info he needs.
This forum should be a place where people seek information, and not be insulted by other readers.

I think most of the Montreal guides say to show up around 6:30, no matter what time your interview is. They dont' really see you by interview time, but by first come first serve.

1. While you are waiting for the K1 or the CR-1 to be processed you can still travel into the States. Be prepared that you may be looked upon with greater scrutiny than you might be otherwise, because of your relationship to a USC. However, if you bring proof of ties to Canada (lease or mortgage papers, proof of employment) and show a return ticket, you should be okay.
2. Other posters are correct that you cannot come to the States, marry, and then adjust your status from tourist to spouse (or fiance) from within the States. You can, however, as a Canadian, stay in the US for up to 6 months out of a 1-year period. You will still need to travel to Montreal to complete your interview and the interview process (for a spousal visa) and Montreal or Vancouver (for the fiance visa, depending on where you reside in Canada). Your friend's experience from the UK may have also taken place when the immigration system was moving quicker - they customarily can stay for 90 days as a visitor, and maybe everything was wrapped up in this time.
3. You can apply for the K3 at the same time that you apply for the CR1. This may or may not get you down here quicker.
Even with the single entry on the K1, you could still come across the border with a UHaul to bring all your things, I believe.
We went with the CR1 because it meant only one round of waiting - when our visa is approved my husband will be able to work, rather than having to wait for many more months and another round of approval for that to happen. You can decide what works for you.
And no, the process is definitely not quick, or fair. Unfortunately that's just the way of the legal process right now.

1. While you are waiting for the K1 or the CR-1 to be processed you can still travel into the States. Be prepared that you may be looked upon with greater scrutiny than you might be otherwise, because of your relationship to a USC. However, if you bring proof of ties to Canada (lease or mortgage papers, proof of employment) and show a return ticket, you should be okay.
2. Other posters are correct that you cannot come to the States, marry, and then adjust your status from tourist to spouse (or fiance) from within the States. You can, however, as a Canadian, stay in the US for up to 6 months out of a 1-year period. You will still need to travel to Montreal to complete your interview and the interview process (for a spousal visa) and Montreal or Vancouver (for the fiance visa, depending on where you reside in Canada). Your friend's experience from the UK may have also taken place when the immigration system was moving quicker - they customarily can stay for 90 days as a visitor, and maybe everything was wrapped up in this time.
3. You can apply for the K3 at the same time that you apply for the CR1. This may or may not get you down here quicker.
Even with the single entry on the K1, you could still come across the border with a UHaul to bring all your things, I believe.
We went with the CR1 because it meant only one round of waiting - when our visa is approved my husband will be able to work, rather than having to wait for many more months and another round of approval for that to happen. You can decide what works for you.
And no, the process is definitely not quick, or fair. Unfortunately that's just the way of the legal process right now.

All the best, and I hope indeed DOMA falls!
The only heads-up I can give, which you may have already considered but which many people do not until later in the process, is that since you are a currently a permanent resident of Australia you will need to make sure you have established residency back in the US in order to get the visa, and make sure that you've been paying taxes on your foreign-earned income all these years, or submit those tax returns and start making a plan to pay back taxes now!
Also, it was my understanding that if DOMA was pulled, then one of the possibilities is that federal protections would only apply to people living in States where same-sex marriage was legal...so even if you are legally married, if you don't live in a State that recognizes gay marriage you wouldn't have any protections. Seems asinine to me, but you might want to think about that when establishing residency and make sure you don't live in one of the stone-age states so that they can't deny you on those grounds (a similar case in which the federal immigration bows to state law is with cousin marriage. If you live in a state where it is legal, then you are golden, but if not then you get denied, no matter the legality of the marriage where it took place).

All the best, and I hope indeed DOMA falls!
The only heads-up I can give, which you may have already considered but which many people do not until later in the process, is that since you are a currently a permanent resident of Australia you will need to make sure you have established residency back in the US in order to get the visa, and make sure that you've been paying taxes on your foreign-earned income all these years, or submit those tax returns and start making a plan to pay back taxes now!
Also, it was my understanding that if DOMA was pulled, then one of the possibilities is that federal protections would only apply to people living in States where same-sex marriage was legal...so even if you are legally married, if you don't live in a State that recognizes gay marriage you wouldn't have any protections. Seems asinine to me, but you might want to think about that when establishing residency and make sure you don't live in one of the stone-age states so that they can't deny you on those grounds (a similar case in which the federal immigration bows to state law is with cousin marriage. If you live in a state where it is legal, then you are golden, but if not then you get denied, no matter the legality of the marriage where it took place).

I can't say for sure that they are connected, but I was able to log in just fine yesterday, then this morning, no luck. Another person on the May NVC thread said that after she got her case complete on Friday she started getting the same error message, so I went ahead and called, and yes indeed, my case is complete. I would call NVC.

I get the same error, but my petition has been completed since Friday.

Here is my story.
I was ready to take my bath, a good time to have another cry over this waiting.
Thought I check this forum before, feeling so bad for everyone still waiting.
Than I checked with USCIS, didn't think people want to work today.
I didn't expect me screaming and jumping.
I'm approved..... :D :D :D :D
I'm approved...... :lol: :lol:

Hey, I have one good news.
I've changed our address in the US to an POBOX circa 2 days ago.
This time around VSC accepted and updated the address.
Now please bring on my approval, and everything can be send to our correct address.
One step at a time. It sure feels good to have something done.

Haha! I get to finally make my annoying approved thread! Finally got NOA2!!!
It's been a long 284 days of waiting.
Woo hoo!!! Onto NVC!!!

We are the proud owners of a shiny approved I-130 that is at the embassy as of today.
:dance:

Well, I am going to just put updates here because I don't really belong in the February or November filers threads and I don't want to make any of the February filers confused.
My express mail package was delivered this morning to London and I received an email that they are now processing it and will forward it to Stockholm when done.

OMG GUYS OMG OMG OMG
London pulled through!
Dear ******,
We apologize for the erroneous information you have been given throughout this process. USCIS does have jurisdiction over cases filed abroad and your case should have been sent to the Chicago Lockbox for processing as there is no USCIS field office in your country of residence. Having said that, please go to the below website, utilize the checklist located there for filing I-130s, prepare another I-130 package with no fee, mail it to our address in London at the address located below under "International Mail". We will adjudicate your case and FedEx the case to the Embassy in Denmark.
Please enclose a copy of this email with your I-130 so there is no confusion when we see a case received from outside the United Kingdom.
If you have any questions you can call us on +44 207 495 0551.
Link: http://london.usembassy.gov/dhs/uscis/i130filing.html
Thank you,
:dance: :dance:

It's clear you don't know anything about the Deferred Action Program. Go learn something since you will be waiting, waiting, waiting (like all the rest of us) you have time on your hands: http://www.dhs.gov/deferred-action-childhood-arrivals .
FYI wait times are long from a combination of factors, not just this new program. It is mostly because USCIS has laid off half their employees and dramatically cut funding in the last 2 years. That you can thank Congress for.

You should be blaming the parents who came here illegally with their children in tow. Children who grew up here, went to school here, and are here by no fault of their own. These children want the opportunity to remain in the only place they know as home. Our government has a conscience...I find no fault in that. Obviously you don't know the first thing about this legislation. You are being selfish because it may take your case a month or 2 longer to get through USCIS, oh boohoo. Your case and check being lost has zero to do with Deferred Action.

My husband was just let in on the 21st for an extended visit - we gave a return date of May 15. Our situation is that he is a graduate student in Toronto and has finished all of his course work and now just needs to write his dissertation. We had a letter with us from his advisor that stated he was fine to be with me while writing his dissertation but that he would need to return to Toronto to meet with his committee by May 15 in order to get things settled before leaving for some research in Peru this summer. We described this letter to the officer in secondary, but he didn't ask to see it. We just showed him our hard copy of the NOA1 and literally said "We realize that this is a longer visit that normal, but we are committed to doing this all above board". The officer even seemed a bit surprised that we had even been sent to secondary.
For your situation, I think the important thing is to have a return date for your husband, and a reason why he has to return to Canada. It is a bit of a gamble, since you don't know who you are going to get at the border or what their mood may be, but certainly it makes sense that your husband would help you move, especially since you have a young child that you have to handle! And to be very upfront - you have a new job, he's helping you move and get settled, and also look after your child while you line up daycare, and after a set date he will go back to Canada. Show them that you have begun the visa process and are trying to do things the right way. Have a back-up plan to leave your husband in Canada and come visit you by a different method for a shorter period of time (roundtrip ticket) just in case things don't work at the border. Good luck!

My husband was just let in on the 21st for an extended visit - we gave a return date of May 15. Our situation is that he is a graduate student in Toronto and has finished all of his course work and now just needs to write his dissertation. We had a letter with us from his advisor that stated he was fine to be with me while writing his dissertation but that he would need to return to Toronto to meet with his committee by May 15 in order to get things settled before leaving for some research in Peru this summer. We described this letter to the officer in secondary, but he didn't ask to see it. We just showed him our hard copy of the NOA1 and literally said "We realize that this is a longer visit that normal, but we are committed to doing this all above board". The officer even seemed a bit surprised that we had even been sent to secondary.
For your situation, I think the important thing is to have a return date for your husband, and a reason why he has to return to Canada. It is a bit of a gamble, since you don't know who you are going to get at the border or what their mood may be, but certainly it makes sense that your husband would help you move, especially since you have a young child that you have to handle! And to be very upfront - you have a new job, he's helping you move and get settled, and also look after your child while you line up daycare, and after a set date he will go back to Canada. Show them that you have begun the visa process and are trying to do things the right way. Have a back-up plan to leave your husband in Canada and come visit you by a different method for a shorter period of time (roundtrip ticket) just in case things don't work at the border. Good luck!

My husband and I were talking about that option, but we're right on the cusp...could be three more months to get approved at VSC, could be three months to get approved if we file again, so it's not clear that we'd actually save all that much time. There's also some important things that we could do with that $420, which makes reapplying a less appealing option. They do seem to be stuck on May for a long time - if you look at their volume chart it looks like they got a lot of applications between March and May, declining somewhat in June onwards, so it's possible that once they make it through those higher May numbers that things will pick up. It's also possible that the approvals showing up on here are an unlucky subset, or that a lot of people aren't reporting back on their NOA2s, and so this is making the process look slower when in fact it is (slightly) faster. I believe there is a way to find out directly from VSC which date they are working on (which includes two weeks to either side), but since I haven't reached the magic 5-month mark yet I don't know if they will talk to me.

Can't believe all your responses are so harsh. She said he was sweet before she came. This is a horrible situation for her. She needs help and encouragement - not critisism!
Hang in the OP - you need to focus on what you will do - not what he is doing. And you need to provide for your child's care if and when you can work. Is his extended family around? Perhaps they can "up side the head" to him and get him to accept his responsibilities.
I wish you all the best and I wish you good help and support from this forum.