n86

I may have misinterpreted but there are still no official updates in regards to this EO extension right?

1 minute ago, GMDub said:

June 22 is circled on my calendar.

👍 technically the EO says it shouldn't be renewed after 50 days from the proclamation, so it should be June 12/13 the deadline, after which it would expire on June 22 from my understanding.

Any news on this EO expiration / continuation? I understand that the president may just sign a new one, but if this one is not renewed by June 12-13, it should expire on June 22nd right?

8 minutes ago, aaz said:

I pray to God that you are right. We have all waited so patiently for this. It would be so unfair. I tried calling USCIS call centre for Montreal but could not get connected to a representative.  If anybody else can get any definite answer please keep us updated.

https://ca.usembassy.gov/mission-canada-change-in-operations-due-to-covid-19/

Based on this info only non-immigrant visas are cancelled for now, immigrant visa are still being processed.

USCIS and Consulates are different entities so I don't think all interviews are cancelled due to USCIS closure.

Anyway, just wanted to update that our case (F2A) became DQ today, if you don't mind updating the table thanks!

55 minutes ago, gad33 said:

There's a huge difference between a green card holder and a Citizen. A US citizen can not be denied entry into the US. It is much more problematic if it is perceived that you have given up your permanent residency.

 

You state yourself that you are officially residing in Canada, so how can you be a Permanent Resident of the US?

I think these are two different problems
1) Being denied entry to the US whenever I fly/drive back to the states

2) My wife being approved for US Green Card at Montreal consulate

I understand that if 1) happens then 2) will be denied. However I would think that the probability of 1) is lower than other cases given my special situation.

In my experience the questions I get at the border have been fairly light. And I'm flying back to the states every few months for work reasons. My team is located in San Francisco, so the questions like "where do you work?" from US officers, I usually answer "in US". Which has been true until few months back, and technically my team is located in the states. Working as a software developer makes things a bit easier, since I don't have to be physically present where I work normally. So it would really require some heavy digging on their side, which I don't believe it would happen so easily at the airport customs. I would also be able to switch back to US payroll quite easily if I wanted to (a matter of weeks).

Regarding 2) all the documentation I've submitted at the NVC stage should be perfectly acceptable, provided last 3 years US Tax / W2 / US driving license. I am still technically on a US lease until June 2020, so I think this covers me a bit. At the interview stage I may have to provide additional more recent docs. I will have 2020 US Tax (was paid in US dollars for the entire year). Only 2021 Tax would show the Canadian payroll, but that's 2 years far out so I doubt it's going to take that long. I may not have up to date pay stubs, as those would be in Canadian dollars, which may a problem if it comes, but may be able to address it by relocating and getting a few paychecks before resubmission or interview.

I think the problem may come if they will look into my in-out entries into Canada and US and determine I spent majority of 2020 out of US. However I would doubt they would do this during for my wife's green card case (at the interview? likely not). Since most of the documentation checks are done for her, it's not like I'm applying for Naturalization where they ask you specifically about this. Perhaps if she gets refused first time and require more evidence, then they may do some more digging. I'm not sure what would be the procedure but I would think that if they would not deny my Green Card between now and the interview, I would have the chance to resubmit additional documentation after the first refusal. My lawyer seems to think similarly, so hopefully it's not just me being hopeful here  I'll definitely update this thread once the time comes!

I would like to hear some more feedback about what kind of documentation is usually recommended for proving domicile. From my understanding it's:
1) New or updated lease (presumably with only petitioner's name on it? Otherwise how could the applicant not living in US be even approved?)

2) US Job offer or pay stubs?

24 minutes ago, NikLR said:

You can't be a resident of both countries.  So you can't use Canadian health care, (you can't have any benefits only available to a Canadian resident) and you're supposed to make sure taxes from your job are taken off at a non-resident rate. 

I'm officially residing in Canada now (work for US company with Canadian branch) and planning to relocate back to US branch shortly before/after the interview.

58 minutes ago, Boiler said:

You make it sound like you are abandoning your US residency.

 

Anyway a high risk option but I guess you realise that as you are asking here, please let us know what happens.

Yes but I've seen lots of people here stating they are living abroad (in Canada) until the interview appointment. How is it different from mine, because of Green card holder vs US Citizen?

Hello,

I'd like to share my situation and hear some thoughts from you guys.

I'm US Green Card holder since 2015 and have filed I-130 for my wife in August 2018 which got approved in November 2019. We are currently at the NVC stage, we have submitted all the documentation and waiting for DQ, interview will be in Montreal. At the NVC documentation stage we’ve submitted all the US Tax, W2 as well as US driving license as proof of US domicile. My wife and I have been living on and off between Seattle and Vancouver for the past 2 years. Since I’m a green card holder I’m aware of the physical presence requirements, so I’ve tried to respect that as much as I could. Now we’ve decided to move together temporarily in Toronto, at least until we would get the interview. I am travelling to US every ~3months for a week or so. According to my lawyer that should be enough in the near term to maintain my Green Card status (avoiding staying +6mo outside US basically). Now I understand that it may be more challenging to proof US domicile since I relocated and am working for the same company but in Toronto (paystubs from now on would be in CAD). I still have all US banks, credit cards and driving license active, and will have until the time of the interview. I am technically still on my previous lease in Seattle, at least until June 2020. We have a lawyer following our case but still would like to hear second thoughts about the time of interview:

• Would be enough to show a lease staying with my wife’s sister who lives in the Bay Area? or a continuation of my current lease in Seattle?
• Would be enough to show a letter from my company stating the intent to relocate me? Or would it be necessary to have an official offer letter?
• Would they actually look at the border crossings to verify my activity in US (like when was last time I came, how long I stayed, etc)?

We would really prefer to not have me physically relocate me before the interview, since we want to make sure she will be able to be granted a visa first. To complicate things, my wife has an Iranian passport, and it's a bit unclear how the Trump/Travel ban will affect this. Since she's also a Canadian PR holder, it sounds like they may be able to grant visa through waiver, but I can't really bet on it.

Thanks in advance

Hello everyone, I'm a F2A 2018 filer, my I-130 got approved in November 2019, and sent all the required docs to NVC in mid January. Now waiting for DQ + interview appointment (in Montreal). It seems the interview queue at Montreal is so long! Based on the waiting time reported here seems averaging at ~8/9months, while I see other embassies in other countries seem faster.

Does anyone know if it's any faster if the petitioner/applicant are Permanent Residents of Canada? Wondering if they give any priority to Canadian citizens / PRs, but I doubt.

Hello,

I've received the I-797 approval notice for my I-130 (F2A), with notice date of November 14th, 2019, we are now waiting for the NVC e-mail to continue processing. My I-130 was processed in California. What's the expected timeline to receive email with instructions from NVC? My lawyer said they already sent an inquiry since more than 30days have passed and we are waiting to hear back from that. Is there anything else we can do in the mean time? E-mail/call?

Thanks in advance,

A*

Hello,

I'm a US permanent resident since 2015. I have Italian citizenship while my wife is Iranian, currently residing in Canada.
We applied for the I-130 petition for my wife last year, and we have a priority date of August 2018 at California Service Center.
Since my wife is an Iranian citizen I'm unclear whether she would be issued a visa post approval of I-130 or not due to the current Travel Ban in place? Does anyone have direct experience?
Also what is the average time post I-130 approval before Green Card granted?

Thanks,
A*