sk23

11 hours ago, Chancy said:

Not true.  No need to worry about this.

 @Chancy Thank you very much for your answer! That's a relief! By the way, I heard this from an immigration lawyer, so people, choose your lawyers wisely.

Hi everyone, would appreciate some input from the community. I have searched on the forums but have not found anyone in my specific situation.

I have an ongoing CR-1 petition for my wife which we started in Canada a few years ago. The petition is now at the NVC stage. I have been keeping it active by maintaining contact with NVC via the AskNVC method.

During this time my wife went to Russia for medical treatment, and acquired Russian citizenship (through parents) so that she could stay long enough for the treatment to complete. When the war with Ukraine started, she and the kids moved to Armenia. But she does not have a residence permit there yet. Armenia lets visitors stay for 180 days and then reenter.

Question 1 - "Is the petition still good?": I heard that acquiring a third country's citizenship may constitute abandonment of the immigration petition. We didn't know it at the time and that was not the intention. Is this true? And if so - is there any way to prove that she did not intend to abandon the petition?

If the answer to question 1 is yes, then

Question 2 - "Can we change the consulate": I imagine that even if she could travel back to Russia to do an interview there, Russia is probably not going to work now because of the sanctions. Is there a way for us to transfer the interview to a consulate in Armenia? (She has no intention to move back to Canada for the foreseeable future.)

Hope this makes sense, and please let me know what you think.

sk

I know most people here are trying to reunite with their loved one as soon as possible. I've been there before, and my heart aches for you. But now I am having an opposite problem.

We received NOA2 in February 2017, but by that time our circumstances had changed and we now need to stay in Canada for a few years before moving to the US. I've gotten a nice job here and the kids are at the age where moving would be best postponed, perhaps to 3 to 5 years from now. 

The instructions on the NOA2 said vaguely something about "making contact with NVC at least once a year to keep your visa number". What does it mean in reality? How long we can really drag our feet with this process? What are some of the actions we need to take in order to make sure we are in good standing?

At which point (if ever) closing the current petition and starting a new one when we're ready becomes preferable? We had previously closed a fiancee petition so I'm slightly hesitant of doing this again.

Thanks for your input!

Just to let everyone know, my petition has finally been approved, exactly 1 year and 1 week after the NOA! Phew!

Everyone's assistance was super helpful. I had submitted requests to both CT senator and the ombudsman. The USCIS performed a tier-1 review on the case within a month, and made a decision shortly thereafter.

On 3/13/2017 at 6:41 PM, raiser said:

Did your case ever show up on the myCaseStatus? Seriously, I'd be banging down doors by now. Can you stop the current paperwork and then start again? Might be faster if they really did lose your file. Don't be "Canadian" about it! 

I just got the notice that they've finally approved my petition. I think the senator's involvement is what helped. Thank you for your encouragement

On 3/13/2017 at 6:41 PM, raiser said:

I'm going to register my kids for school down there. I'll have to move down without my husband if it gets too close to the end of the summer. Not looking forward to that too much. 3 boys, new house, city, school, and me. Fab.

That's the kind of thing I might have to do as well. Hopefully you can find a better solution!

58 minutes ago, raiser said:

That's WAY too long! Why is yours taking so long for you to get an NOA2? They are processing August 2016 now! Have you called? Submitted an inquiry? That's crazy.

I've called, and got a senator to call, and applied to the ombudsman with no results so far. The case doesn't even show up on the USCIS website despite NOA1 having been received in March 2016. The funny thing is, our case is really straightforward, kind of like the OP's. Canadian spouse, kids are US citizens through CRBAs, and all that. I must have fallen through the cracks... So it does happen.

1 hour ago, raiser said:

Thanks everyone.

I already filed last September and I'm waiting for the NOA2. It's just taking FOREVER and I didn't know if there was some way to speed it up. I'd like to have my kids in school this coming September and it would make my life infinitely easier if my husband was with us.

Any other differences with filing the IV and AOS? Interview?

If this makes you feel any better -- mine was accepted in March last year, and still nothing. It seems to be an exception rather than a rule though, so you might have better luck. I'm telling you this because a year ago I was pretty sure that my wife and children would be in the US by school year. When that didn't materialize I had to scramble, and the situation is still not looking very good in terms of finances, storage, job prospects, and most important of all, the patience of the person who agreed - a year ago - to be my sponsor.

So my advice to you is, don't think like I used to that the process from Canada to the States should be quick an easy. Plan your affairs for at least one more full year in Canada from now; if things go faster, you'll be pleasantly surprised.

3 hours ago, NikLR said:

From google:

 

https://www.dhs.gov/topic/cis-ombudsman

Thanks! Just sent a request for assistance to the ombudsman. Will report on the progress.

6 hours ago, NikLR said:

You can also contact your ombudsman.  If your Canadian spouse isn't originally from Canada, that can lead to more background checks, but it shouldn't have taken this long.  

I am sorry but who is my ombudsman and how do I contact this person?

A quick update: the office of Senator Chris Murphy (CT) was very helpful. They called USCIS on my behalf, and it only took them a couple of days to do that.

The information they got is that my case is waiting for some background checks to be completed. They said it's nothing to worry about, since there is always a backlog for background checks. What I fail to understand is - don't other people need background checks also? They have to check three countries for us: the US, Canada, and Ukraine. Perhaps Ukraine is slow right now...

Maybe "background checks" is just their way of saying "damn, we totally forgot about that folder over there!" They said check again in 30 days, that's what I'm going to do.

17 minutes ago, agripa said:

Try contacting Senator Chris Murphy. Here is a form for assistance with any federal agency. Fill it out and follow up with a phone call. 

Thank you so much. I'll do that and see where it takes me.

28 minutes ago, agripa said:

Your are WAY behind normal processing deadlines. Nebraska, according to their very own "official" estimates, is processing applications with a priority date of July 2, 2016. More over according to VisaJourney's immigration timeline tracker nearly everyone from March 2016 has been approved; more over many people on the July - September I-130 flier threads have already been approved. Here are concrete steps you need to take right away --

1. Call the National Customer Service center and ask to speak to a Tier 2 representative. Don't let yourself be pawned off on a regular customer service representative. Insist on speaking to a Tier 2 representative. This will take some persistence, but keep on it. When you finally get through tell them you're WAY behind normal processing deadlines and ask for an immediate update on your application. They will like ask for a supervisor review of your application, try and get them to give you a concrete date by which they will get back to you.
2. I notice you are from California. Contact Senator Diane Feinstein and Senator Kamala Harris and tell them your application is way beyond normal processing time. Senator Diane Feinstein has a convenient form for you to fill out and fax to her office. Follow up with a phone-call to each and ask to speak to their immigration aide. They will likely have a waiver for you to sign after which they will contact USCIS on your behalf. This does not guarantee the success of your application, but it will definitely help to shake things up.

Good luck!

Thank you! I will call them tomorrow and report back here.

Re: point 2. I am not technically a California resident anymore. Is there a comparable way to ask a senator in Connecticut to intervene on my behalf?

Hi everyone,

I sent my i-130 package last February and received the NOA1 from Nebraska Center on March 10, 2016. It's been almost 11 months since then, and nothing. We are applying from Canada.

The receipt number is not recognized by the USCIS web-site. I called them three times, every three months or so, and got a callback from the immigration agents. They all were blaming the election, said that the website tracking is 'hopelessly behind' and that there's nothing to worry about. However, I suspect that they may have been giving me a generic answer; I can't tell if they really looked at my case. Last time was in November, and they told me to definitely expect the NOA2 in December or January. Well, January is almost over, and still nothing is happening.

Is this a cause for concern? Are there other channels of information I could use to find out what is going on?

Thank y'all,

Sebastian

Hi all,

This is not a question but just a piece of information that someone may find useful. I just spoke to an immigration officer at USCIS (not the first line of customer service, but the one that you have to schedule a callback from) about the fact that my status is still not showing on the website even though almost 6 months have passed since receiving the initial confirmation (I-797).

He said that the USCIS website often lags behind in reflecting the case status, and it's not a cause for concern. He was able to see that the case was entered into the system back in March and is currently being reviewed. I specifically asked if it was some sort of administrative or special review, but he said no, just a regular process. So I guess if you're in the same boat, you should not worry too much.

The representative also informally mentioned that USCIS is glutted by a wave of applications for naturalization from people anxious to vote in the upcoming elections.

Hope this helps someone,

Sebastian

Change the names during processing if you can, it will be less expensive that way. If the name change process is complete before you submit documents to the NVC, then name change documents will be included with the package that is sent to the NVC. Otherwise, bring the name change documents to the interview.

Thank you. So we can make the name change in September, but -- Would it be a problem if her passport is still in her old name at the interview? Will they be able to issue a visa?

Getting a new passport in Canada after a name change takes about 5-6 months, because since 2014 you have to apply and wait for a new citizenship certificate before renewing the passport. So there's a strong chance that we won't have her new passport in hand by the time of the interview. (However, we might have it by the time of entry.)

My assumption is that if all name changes are legit and documented, this by itself should not create any troubles however confusing it may seem. But maybe I'm missing something...

And yes, I did know about the conviction but I read information about "moral turpitude" a few months ago and didn't think a drug possession charge was so serious. Sadly I think I was wrong but I would still marry her many times over. Not sure about living in Belarus though

Small consolation for you perhaps, but there are other (and nicer) places in the world besides Belarus where you and your wife could live, and where immigration laws may be more liberal. Think Cyprus, Jamaica, Mexico, Thailand... I firmly believe that if you guys are truly getting along well, you will be happy anywhere, and with time everything will sort itself out. Laugh at it if you must, but you might want to take this opportunity to actually spend some time in Belarus with her, hang out with her family, friends etc. The cost of living is ridiculously cheap, you will do well with any Elance-style internet work or even teaching English to locals. This will straighten your relationship and will serve as a source of good memories for many years.

Heck, you could probably live there for a year with the money you're about to spend on lawyers!

You will also have a chance to see how your relationship fares without your American income or immediate relocation prospects. Not to imply anything personal, but many people are desperate to leave that region and marriage is a good way out. I was born in Ukraine so I know. Feel free to PM me if you ever have more questions.

Question:

Can -- and should -- my wife (the beneficiary) change her name during the process (we're currently at a NOA1 stage)?

Situation details:

I (the USC) had changed my name to a more American-sounding one in a US court a few months ago, before filing the petition. I of course attached the name change court decree to the application. My Canadian wife had also changed her name previously, to match my old last name. (Are you still with me?) Our children have our old name and are USCs via CRBA.

So my application (in my NewName) now includes the following name-related papers:

• Marriage certificate -- OldName for both of us
• Children's birth certificates and CRBA's -- OldName for both children
• Name change for wife from VeryOldName to OldName
• Name change for myself from OldName to NewName
• My passport in OldName (still valid)

This isn't as confusing as it may sound when I explain it. The name progression is straightforward and documented: wife's name change -> marriage -> my name change. We had our reasons for doing it this way, and apart from the confusion from multiple changes, everything is legal and legit.

We now would like to change each and every name in the family to match the NewName. We can only do it in September this year due to the Ontario name change regulations. This is the reason why it was not done prior to filing the petition, as we didn't want to wait that long. Now we face the choice: to wait with the name changes until we are all in the US, or to do it during the processing and bring a few more name change papers to the interview.

The disadvantage of doing it during the visa processing is the added confusion (although everything is 100% legit).

The advantage would be that everyone would have the right names on the papers upon entering the US, and we will just forget about the whole matter once and for all.

Please share your thoughts! Thank you

6 months from medical. No just a new medical wont extend it. A new interview would also be needed and that's likely not going to happen unless required.

Easier to extend the NVC time to CC than reschedule interviews, get new medicals, etc.

Makes sense, thanks.

Hello,

Someone mentioned the possibility of extending the date of entry by scheduling a new medical exam. That sounded fishy to me. Could someone comment?

The entrance date should be within 6 month from... what exactly? What are the ways it can be extended?

Thanks

You're welcome. I'm glad you found the link. It will be ypur bible for the NVC stage.

Please take some time to also read in Canada forum about domicile. If you guys live together then this will be a sticky issue.

Thanks, proving the domicile should not be a problem for us as I maintain the accounts, phone number, mailing address etc., and hoping to have a job before moving. The way things are, I might even find myself already back to the States by the time of my wife's interview.

Here's the link again for anyone who might be interested (and too lazy to google it): http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Have you looked at the NVC process? A year between each submission is allowed.

Actually no, I haven't. Thanks for referring me to a very useful page. Here's the url for anyone else who might be interested: http://www.visajourney.com/wiki/index.php/NVC_Process

With the interview wait times, I see now that we're not likely to have the CR problem anyway Thanks for all your help.

You have a year between each contact. Realistically you could extend it for at least 3, if not 4 years.

It is very nice to know, thank you!

Specifically, is there a time window like this after getting an affidavit of support signed? I have enlisted a co-sponsor and I don't want to drag my feet too much for fear of his changing his mind or getting carried away with other stuff. However, after he signs the form, we can easily wait for a little longer.

Also, you can slow your petition down yourself if you want to ensure the IR1 visa by just replying to the NVC slightly slower (only in the case your petition is approved super fast).

Could you expand on this a bit? I think it's a very important idea, possibly deserving a separate topic. What are the time frames (validity periods) they give you at each step? This would be useful to people who for whatever reason find themselves in need of stretching the process a little.

$590 and you have to collect evidence of financial co-mingling for the next two years. Then you submit it to the USCIS to see if they think you still have a genuine marriage. If you can avoid it without hassle, do it.

Filed for:Removing Conditions (approved)

^^ You are clearly speaking from experience

I don't anticipate any problems with this however. We are going to financially co-mingle for the foreseeable future, and proving the genuine marriage should be straightforward. We also have two children.

I can see you point however; if it's a matter of a couple of months give or take, it definitely makes sense to avoid the hassle.

I take it as the answer to my original question: their ways are based strictly on marriage, is that correct? If you've been together all your life and have a zillion children, it's still going to be conditional.

Depending on where you end up living it can take 6 months or up to a year or two to get the 10 year card during ROC.

Point taken.