lynnmatic

Giving up residence in the US to take up residence in another country effectively cancels the Green Card. If you knew your stay was to be temporary you could have applied for a re-entry permit before she left the country but it can't be done retroactively. I don't know what the Consulate will be able to do for her. You may be faced with having to re-start the immigration process when you want to return to the US. With both of you being resident in Canada at least you can do a DCF (Direct Consular Filing) which is the fastest process to get back to the US. The US is pretty strict about green card status - they expect you to be living in the US if you are a permanent resident - if you are not living in the US you are no longer a permanent resident. I think I would be prepared for them to confiscate her green card.

Thanks for the reply, Kathryn. I suspect you are right. She will have to give up the current card, and start all over when the time comes.

It was our dumb mistake not to exercise more care to apply for re-entry before coming back.

We will send the consulate in Calgary a letter and hear the verdict from them.

Thanks again,

Lynnmatic

My Canadian wife got Her US PR card in Summer of 07, and joined me in the US that fall, but due to job change, we moved back to Canada before She stayed a full year in the US.

This past Christmas we flew to US to visit family, and the US customs guy gave Her a hard time of course, but let Her enter. He advised we take our case to the nearest US consulate, which in our case is Calgary.

Can anyone here advise us on the process, please? Should we just show up there and plead Her case. There is a chance we will be moving back to the US in the near future, but not sure when.

Thanks in advance,

Lynnmatic

just an update.....all went well at the Border yesterday......my wife got Her IR1 visa stamped and we went on down to the nearest Social Security office in Montana, and got Her card applied for. No hitches and no problems!

Thanks for everyone's help here.

Lynnmatic

Sorry to add more confusion....I should have said IR1 Visa is what my wife has. Maybe that is what confused things when I called the POE at Sweetgrass. I will call back and get another opinion.

How long does She have to get back to the US if She returns immediately to Canada?

Thanks so much for the help,

Lynnmatic

Hi,

I am the USC, and my Canadian Wife has Her CR1 Visa packet ready to activate. Problem is, I am taking time off right now from my job in the US, and am staying in Canada with my wife for the next few months.

Her Visa package expires in November, and I want to get it activated at the border now. If we just go to the nearest border crossing, in this case Coutts/Sweetgrass in Montana, will there be a problem getting the package opened and the visa put in Her Canadian passport and stamped, even though I am not at present at my US address?

Thanks,

Lynnmatic

As an update:

I called the Sweetgrass, Montana port of entry and spoke to an officer there. He was very nice, but said my wife would not be able to leave the US until we got permission from US Immigration......I think He is under the impression we have been married less than two years and have to get the Conditions removed. We have been married nine years, so that should not apply to Her, should it?

And how could the US keep a Canadian Citizen from re-entering Canada?? That is not up to the US side, in my opinon.

I will call again and speak to someone else before we travel 600 km to the border to get this done.

Thanks for all the good responses!!

Lynnmatic

Hi Lynn,

They may be confusing it with a K visa.

BTW the CR-1 visa = married under 2 years - IR-1 visa = married over 2 years.

Good luck

I stand corrected....we do indeed have an IR1 visa, you are right.

Lynnmatic

Hi,

I am the USC, and my Canadian Wife has Her CR1 Visa packet ready to activate. Problem is, I am taking time off right now from my job in the US, and am staying in Canada with my wife for the next few months.

Her Visa package expires in November, and I want to get it activated at the border now. If we just go to the nearest border crossing, in this case Coutts/Sweetgrass in Montana, will there be a problem getting the package opened and the visa put in Her Canadian passport and stamped, even though I am not at present at my US address?

Thanks,

Lynnmatic

As an update:

I called the Sweetgrass, Montana port of entry and spoke to an officer there. He was very nice, but said my wife would not be able to leave the US until we got permission from US Immigration......I think He is under the impression we have been married less than two years and have to get the Conditions removed. We have been married nine years, so that should not apply to Her, should it?

And how could the US keep a Canadian Citizen from re-entering Canada?? That is not up to the US side, in my opinon.

I will call again and speak to someone else before we travel 600 km to the border to get this done.

Thanks for all the good responses!!

Lynnmatic

Hi,

I am the USC, and my Canadian Wife has had Her CR1 Visa packet since June and it is ready to activate. Problem is, I am taking time off right now from my job in the US, and am staying in Canada with my wife for the next few months. I plan on going back to work in the US, and want to bring my wife down there too.

Her Visa package expires in November, and I want to get it activated at the border now. We are in Edmonton, but I don't think we can get to the US immigration people at the airport without a ticket.

If we just go to the nearest border crossing, in this case Coutts/Sweetgrass in Montana, will there be a problem getting the package opened and the visa put in Her Canadian passport and stamped, even though I am not at present at my US address? We would be coming right back into Canada after spending some of those $1 Plus Canadian Loonies shopping!! lol....

Thanks,

Lynnmatic

I called the Sweetgrass, Montana port of entry and spoke to an officer there. He was very nice, but said my wife would not be able to leave the US until we got permission from US Immigration......I think He is under the impression we have been married less than two years and have to get the Conditions removed. We have been married nine years, so that should not apply to Her, should it?

And how could the US keep a Canadian Citizen from re-entering Canada?? That is not up to the US side, in my opinon.

I will call again and speak to someone else before we travel 600 km to the border to get this done.

Thanks for all the good responses!!

Lynnmatic

There should not be a problem at all!!! Go activate that sucker!!!!

AND..... Since you are in Deadmonton.... how about helping us load our UPack??????

Oh that sounds like work!! lol....I have just come off working 12 hour days and being on call 24/7 for the last month. I think I will stay in front of the tv and watch football.

Hi,

I am the USC, and my Canadian Wife has had Her CR1 Visa packet since June and it is ready to activate. Problem is, I am taking time off right now from my job in the US, and am staying in Canada with my wife for the next few months. I plan on going back to work in the US, and want to bring my wife down there too.

Her Visa package expires in November, and I want to get it activated at the border now. We are in Edmonton, but I don't think we can get to the US immigration people at the airport without a ticket.

If we just go to the nearest border crossing, in this case Coutts/Sweetgrass in Montana, will there be a problem getting the package opened and the visa put in Her Canadian passport and stamped, even though I am not at present at my US address? We would be coming right back into Canada after spending some of those $1 Plus Canadian Loonies shopping!! lol....

Thanks,

Lynnmatic

Hi,

I am the USC, and my Canadian Wife has Her CR1 Visa packet ready to activate. Problem is, I am taking time off right now from my job in the US, and am staying in Canada with my wife for the next few months.

Her Visa package expires in November, and I want to get it activated at the border now. If we just go to the nearest border crossing, in this case Coutts/Sweetgrass in Montana, will there be a problem getting the package opened and the visa put in Her Canadian passport and stamped, even though I am not at present at my US address?

Thanks,

Lynnmatic

My wife had Her interview Tuesday, May 29th, and we stayed over in Montreal til Thursday to celebrate my birthday. When we got back to Edmonton on Thursday the 31st the notice to pick up the package was in our mailbox. We picked it up that evening.

For all of you that have had a Montreal Interview within the last 3 months I would very much appreciate if you could let the rest of us know how long it took for you to get the Visa in Hand.

So sorry to hear about the delay, and I hope it is resolved quickly. You are dead on about the whole process and all the insane "hoop jumping" that we have to go thru. Also I agree with your comments about paying attention and following the directions.

Good luck

Sorry it’s a little late but here it is….our interview experience on June 1st in Montreal.

We drove from Toronto to Montreal on Thursday and got to our hotel around 3:30pm, we had a decent hotel – The Fairmont Queen Elizabeth on Rene Levesque. It was not too bad and about a 5 minute walk to the Consulate. We ventured out Thursday night to get our bearings and to find out exactly where it was etc.

Friday morning we left the hotel around 7:00am, stopped by Tim Hortons for a quick bagel and off we went to the Consulate. Got there at about 7:25a and there were already about 5 people lined up for the non-immigrant Visas and no one in line for the immigrant visas. So we got into the immigrant visa line and were quickly ushered through security/metal detectors etc by a very nice polite young female security officer. She gave us a little white square with a letter and number on it and told us to keep it until we got upstairs. She told us to proceed down the stairs and to wait in the waiting room until we were brought up to the 19th floor. When we got downstairs there were about 15 people waiting.

Around 7:45a the same security official came downstairs and asked for the immigrant visa applicants to follow her into the elevator, there were two other guys, the security officer, myself, and my wife (so we were basically 2nd in line). We got up to the 19th floor and were directed into a room off to the right where we were to go to the counter hand in our number along with our passport and documents etc. We went to the counter and were greeted by a very friendly and polite lady who took our number, asked for each documents which we had organized perfectly which she commented on not only our organization but also our the amount of documentation and how prepared we were. She took all the docs and gave us a slip to bring to the cashier so we could pay the fee. She advised us to return after we paid with the receipt and drop it off to her. So we did, paid $380US, brought the receipt back and were told to go wait in the waiting room until we were called.

At about 8:40a the guy in front of us was called into room D8, he came out about 10 minutes later with a huge smile on his face and gave the thumbs up…a successful interview! He took the elevator down and was done. 10 minutes later we were called to the same room and were met by a very friendly man behind a glass window. He said good morning and welcomed us etc, asked us how the process has been going and if it had taken more time than we’d expected etc. We replied back saying we were held up a bit by the Adam Walsh stuff but for the most part were just happy to hopefully be in the final leg etc. He was pleasant and really didn’t ask us many questions – basically where do we both work, what were our positions, etc. He didn’t ask anything at all about when we met, our history, or really anything about our relationship at all. Didn’t ask to see any of the documentation we brought (photos, joint apartment lease, bank records, etc). Things were going great….and then….He says that basically because we are both living and working in Canada and have no “US income” we are denied. He was super nice about it and said he used to be able to make the judgment call and just approve us but couldn’t do that anymore and that the rest of our application is absolutely perfect. He said that even though our joint annual income is over 10 times the minimum poverty level required it didn’t matter. He told us that the only way we could be approved is if we got a co-sponsor who had the required “US income” or if either of us had an employment offer in US dollars. He kind of shook his head at the process and basically apologized for it being so dumb that obviously we can’t get US employment until we are legally allowed to work in the US….but can’t be legal until we get a job in the US…it’s a catch 22.

Obviously our hearts sunk to our feet….all this year and half of effort, expense, and all for what…a BS loophole that obviously doesn’t have any bearing on our case as we’re both very educated, employable, and have earning potential far beyond what is required…We were extremely deflated.

Finally I recalled the I-864 and how you could declare your assets to offset the income level – so I mentioned it to him and he kind of perked up and said that definitely if we had financial assets that met the requirements we could provide proof of that and we’d be approved. So we were pretty happy…our petition just went from basically “denied” to “pending approval” So we asked him what dollar amount we needed etc and he typed up a letter stating what we needed to prove etc and gave it to us. We asked if we could provide account print outs and bring them back that day and he said we could and bring it to the Consulate and it would take about 7-10 business days to be reviewed and approved. So we rushed back to the hotel got all our accounts online and printed out all balances etc, copied them all and put them in an envelope and high-tailed it back to the Consulate. They took our docs at the front door and signed them in etc and we were done.

So now we wait...and hope to god that everything from here on in is smooth. I really think the guy felt genuinely bad that he had to follow the bureaucracy and deny us when it obviously shouldn’t have applied to us, but he had to do his job and we understood that. So now we’re in a spot where we’ve met the conditions he’d asked for and submitted the documentation to back it up and now we just wait….

So not the climactic ending to a horribly long and anxious process we were hoping for with the big rubber stamp saying “approved” did not happen…it was more of a lackluster hmmm….I guess we wait another 2 weeks to see if we’re good to go….so wait...wait…wait…we go…

A couple of observations…

The interview process is insanely overdone. To come all the way from Toronto (5 hour drive there and 5 hours back – 2 nights in a hotel, etc) is insane. We basically go through security, drop off our docs, pay the fee, and talk to the official for 10 minutes. All of this in my mind could be done via correspondence. The medical was never even opened from what I could see…they didn’t even want my X-rays. I lugged them all over the place and they never came out of the envelope. We were never questioned or asked to prove our relationship or any of that….I really don’t know what the purpose of the interview was.

People DON’T listen. Applicants are grown adults who can’t listen. Can’t read, and can’t follow simple instructions. Everyone talks about how rude or unhelpful the immigration officials are….if I worked there I’d be exactly the same way. People who are applying for immigrant visas were lined up directly behind the sign that said “non-immigrant visas” if you don’t know what kind of visa you are applying for….go home and read up. When the official says “go to the right” people instinctively turn left… There was this woman there who was wondering aimlessly all over the place – she’d go to one of the officials and ask where to go – they would tell her nicely where to go and point her in the right direction…she’d go the opposite direction. They told her to go to window 13 and she goes to the elevator…listen!!! If you have language issues – bring an interpreter. If you want to minimize the “attitude” you get from them….listen….read…observe…follow instructions!!! I can’t stress this enough. It was amazing watching these people do exactly the opposite of what they were told.

Take it easy….be patient…treat the immigration folks with respect. This one is self explanatory….I saw people there who strutted around like they were the most important people in the world and that the immigration people “owed” them something. This attitude will get you no where. Be polite, patient, and respectful and they will do the same to you.

Well guys that’s our story. Unfortunately it’s a work-in-progress instead of a completion, but we’ll keep our fingers crossed and let you all know when we get some good news!

Darryl

Thanks to all who replied! Yes, She checked off the box on the form mentioned, and the consulate officer in Montreal even mentioned that they would notify SS, so She would be in the system when She arrived in the US. Good info! We will report back on how it went so others can benefit.

Thanks again!

I am pretty sure that's what Derek did. He lived in Montreal only a few hours from the border, so as I recall he just took a day off to run down to the nearest Vermont town (can't remember which one), applied for his SS card and it arrived at our US address a few weeks later. Derek had already activated his visa though and may have even already received his GC. So while it should be possible for your wife, you may just want to call the closest office to her just to check what they will need for ID.

BTW, Derek also checked the box on the form, but like Flames it never arrived. Actually, has anyone ever had the SS card arrive without having to go to an office?

Thank you!

My Canadian wife just received Her CR1 visa from the Montreal Consulate, along with the mysterious sealed envelope to present at the border when She crosses to the US. She will be winding up Her job in Canada, and joining me later in the summer.

In order to shorten the wait for Her Social Security card, would She be able to make Her entry into the US, get the visa stamped, go to the nearest SS office, apply for Her SS card, then return to Canada to finish things there. That would cut out the wait for Her SS card, and enable Her to begin work as soon as She gets back to the US.

Thanks!

My Canadian wife just received Her CR1 visa from the Montreal Consulate, along with the mysterious sealed envelope to present at the border when She crosses to the US. She will be winding up Her job in Canada, and joining me later in the summer.

In order to shorten the wait for Her Social Security card, would She be able to make Her entry into the US, get the visa stamped, go to the nearest SS office, apply for Her SS card, then return to Canada to finish things there. That would cut out the wait for Her SS card, and enable Her to begin work as soon as She gets back to the US.

Thanks!

My Canadian wife just received Her CR1 visa and mysterious sealed envelope to present at the border when She crosses to the US. She will be winding up Her job in Canada, and joining me later in the summer.

In order to shorten the wait for Her Social Security card, would She be able to make Her entry into the US, get the visa stamped, go to the nearest SS office, apply for Her SS card, then return to Canada to finish things there. That would cut out the wait for Her SS card, and enable Her to begin work as soon as She gets back to the US.

Thanks!

Super congrats to both of you!!!!! When are you moving???? Where to? details! details!!!!

Thanks! We will be moving to Southern Wyoming. Pinedale is our address, but we both work for a company that provides camps to house and feed oil industry workers, so we move around alot between Colorado, Wyoming and Utah. The Gypsie life!! lol....

We started my Canadian wifes petition to join me in the US on about June 4, 2006, and received letter for the interview appt. in Montreal at the first week of April, 2007. We had the interview today, May 29, in Montreal, and now will await the visa to be sent to us in about one week. Hoooray!!! See the Canadian forum for the details.

Lynn & Judy

my Canadian wife got Her US visa thru the DCF process in Montreal today!

We stayed at the La Tour Centre Hotel, as many have on here, and found it to be just right for being right across the street from the US consulate, as well as close to shopping, bars, restaurants etc.

We got to the consulate at 7:30 am, just as the staff person came out and checked our letters of appointment (ours was for 8:30 am) and also to see if we were packing the forbidden cell phones, big bags, and the like. We passed that hurdle and went on in the search and x-ray machine area, much like at the airport, and got thru that area with no problems. I could not believe the people in the lineup that showed up with electronic devices, and big handbags and briefcases, only to be sent away to get rid of them. Thanks to this forum group for tipping us off in advance.

We were escorted by guards to the basement of the SNC Lavalin building where the Consulate is located, to board the elevator that whisked us to an upper floor where the offices are located. We waited a few moments in the waiting area, then were called by speakers to the windows (we were not told to watch the electronic board showing our letter & number asssigned earlier) and the lady behind the window was rather taciturn, but efficient in making sure we had brought the correct documents,(and copies of all originals) as outlined in the packet we were sent with our appointment notice.

We were asked to update our address since we had moved in the year since our initial filing of our petition in Vancouver. We were also asked to go pay our fee at the cashier window. They accepted major credit cards, and good old cash.

Then we went back to the window lady and showed we had paid, and gave Her the updated addresses. She asked us to wait again in the wait area until we were called back for THE INTERVIEW.

At about 9:30, we were called in to a small office, and a very nice guy named Matt asked about our situation, where I worked, and what my wife would be doing once She arrived in the US. He asked that I update my personal financial data since I had used an old form, and since it had been almost a year. He kindly printed the newer form off for us and asked us to return it to Him when He finished the next interview. We did so, and He had my wife swear Her oath that all the documents were truthful. Then He took fingerprints of Her index fingers, and that was it!

He said the visa would be mailed in the Express Post mailer we provided them, in less than a week.

All we have to do after that is have the visa stamped at the border, or the airport where we enter the US from, and apply for Her Social Security card at the nearest office in the US. They will have already informed the SS office of Her status.

A great day, and now we are off to celebrate the big day!!

Thanks,

Lynn & Judy

P.S. my wife says to remember to smile...the crankier you are during this, the nastier they get at the Consulate.

Mini Timeline: Filed for DCF petition Vancouver Approx. June 6, 2006

Received letter for interview: Approx. April 4, 2007

Interview in Montreal May 29, 2007

Member Name----------Visa Type-----NOA2------- MTL Rec'd-------Packet 3-------Packet 4------ Interview Date

lynnmatic DCF-CR1 05/27/06 05/31/06 06/05/06 mailing 04/10/07 05/29/07

How about a thread with a list of people waiting so it's easier to see at a glance how long it's taking... kinda like the one I'm upkeeping in the K3 forum.... I too read the Montreal Waiting Room thread, and it took me forever to read

I would be happy to start it... any other takers ?

Member Name----------Visa Type-----NOA2-------MTL Rec'd-------Packet 3-------Packet 4------Interview Date

amarceau----------------K3---------10/06/06---??/??/??

Lynnmatic wanted to say congrats on the interview!

I also wanted to ask if by chance you used to be in a Canadian Immigration group on Yahoo? The Group was started by Royann... If this is you wanted to say HI! (I used my nickname "Kiki" in the group) I immigrated to Canada 5 years ago and now my husband and I have started the process for him to move to the US...

again congrats to you!

Kimmbo

Yes, that is me!! I remember you too! I am still happily married and got my Canadian Citizenship. My company wanted me to go to the US and I told them I would if they would let me bring my Canadian wife. They agreed to re-reimburse me and here we are!

Good luck with getting your hubby to the US. The process feels like deja vu all over again!!

Lynnmatic

Hello all,

Just wanted to post an update...we have been waiting for 3 months for our interview in Montreal and we received the following letter today:

Your immigrant visa petition (I-130) was previously approved at a US consulate. Congress recently pass the Adam Walsh Child Protection and Safety Act, a law requiring that all I-130 petitions undergo a further screening to determine if the US Citizen petitioner has ever been convicted for certain types of crimes. Because of this new requirement, the Department of state has instructed embassies and Consulates worldwide to suspend processing on any I-130 petitions that were filed through a US Consulate after the effective date of this act and to forward these petitions to the Department of Homeland Security's Citizenship and Immigration Services (USCIS) for further processing. To meet the requirements of the Adam Walsh Act, every I-130 petition filed since its effective date (July 27, 2006) must undergo an additional law enforcement check to determine whether the petitioner has a criminal record relevant to the act. Consular officers do not have access to and by law are not authorized to obtain petitioners criminal history records, which must be reviewed to establish eligibility under the Adam Walsh Act. Consular officers, therefore cannot run the checks now necessary to approve a petition,

You are waiting for an interview but we are required to send the petition to USCIS for their review and approval. Unfortunately, we have no idea right now how long this action will delay your case. As soon as we receive additional guidance on handling these petitions, we will inform you. Please do NOT submit any documents to us at this time because we cannot proceed with processing your case and any documents submitted may be outdated by the time your case is eligible for processing. We understand that this change may cause significant delays for some families, but it is based on legal requirements that we cannot disregard. We sincerely regret the additional delay and inconvenience this will cause you.

Sincerely,

Immigrant Visa Unit Chief

So there it is....

I guess the only thing I can say is that I'm deflated and very disappointed. I was so excited to finally get this mystical letter from the US Consulate - tearing it open to see that big fat interview date....this was what I was let down with instead. "No idea how long this will delay you case" Days??? Weeks??? Months??? Years??? No estimate...no indication of how long this may continue to keep new wife and myself in limbo....

Sorry if this same thing is happening to you, we sympathize. Lets just hope for a quick resolution to this issue and get things back on track.

Darryl

Did you have any RFE's?? Congrats on the interview date!!

The email did not mention any RFE's but we shall see when the letter arrives....it's being mailed April 10th

Did you have any RFE's?? Congrats on the interview date!!

Oh, and thanks for the congrats!! We are happy campers around here!!

We started the process to get my wife down in the US with me by Filing at the US Consulate in Vancouver May 26, 2006, and just today got the email from Montreal to come for Her interview on May 29, 2007.

As with most of the others on here, our patience was growing thin, but we hung in there!!

Stay tuned......

Hi Freda,

First, Congratulations on your visa. And I am sorry to hear about your horror experience in Montreal. I've never been there, but have heard the similar story several times from different people. Hang in there till tomorrow, looking back it will all be like a bad dream, but reality is that you will have your visa in your passport and be on your way to be with your loved one.

I guess I was so lucky to have my interview in Vancouver.

Good Luck with the rest of the process.

Senka

How did you get your interview in Vancouver? I thought we had to go to Montreal. I live in Victoria.