KD20

Thanks for your reply!  It's comforting that you were able to get the kids expedited after the NOA1.  That would at least save a few months!  

My husband called a lawyer this morning and we have an appointment next week.  He said getting my kids their citizenship is probably the fastest way for us to deal with this mess.  He said he can help with that despite my ex-husband not being cooperative - it just makes it more difficult.  He estimated that we are probably at a minimum a year out now.  It's depressing and I'm struggling mentally now.  This feels like we will never get there - we started all of this over 3 years ago and everything has just gotten messed up from COVID and then us making a sting of mistakes, ugh  

1 minute ago, Kor2USA said:

I am so sorry. 

This is an issue a couple of people have encountered. You could try to expedite the cases after you submit the forms.

And if possible (I read your previous posts) maybe reach out to your ex again and see if you can get CRBAs and US passports for your children. 

Beg him/ nag him/ annoy him. 

I tried that, he's not cooperating with it at all 😕 he knows it will help us and he's unfortunately petty like that. 

We might try and talk to a lawyer and see if there is a way to get it without him being the one to apply for it. There might not be, but it's worth a try and will beat starting all over again. 

Thanks so much for your replies!

50 minutes ago, Kor2USA said:

Yes. Because your husband is a US citizen he needed to file 3 separate petitions for the 3 of you.

Only permanent residents can include derivatives on the form (when petitioning a spouse). 

You need file two separate I-130s for your kids. 

More experienced members can tell you how to pause your application while you wait for the other two I-130s to be approved. 

Once you submit the corrected forms, you go back to the end of the NVC queue. But, you probably do not want to submit the forms if you want your children to move to the States with you. 

 

Ugh that's what I was afraid of.

So if we have to submit the applications for them, are we looking at another 15 month wait, like as in starting right from the beginning with them? That's really pretty devestating if that's the case. 😭 I'm feeling pretty defeated right now.

Really hoping we didn't screw something up.  Today we got a notification that we had messages from the NVC.  It's been a few months since we submitted our documents.  I know what the issue is with the one document and it should be a quick, easy fix, but there is also a message that says "DS-260 Review Note -The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require his or her own petition to immigrate." 

This is causing me to panic a little bit.  I am the applicant (in Canada) and have 2 kids under the age of 18.  My husband (the American) is their stepfather, not their bio dad.  Did we miss a step somehow where we needed to file completely different applications for the kids? If so, is this something that will be able to just be attached to mine, or are we going to have to go all the way back to square one?  It's already been about 15 months and I feel physically sick at the thought we will have to wait that long again because we did something wrong with the kids part 😟

Also, once we do submit the one fixed document, how long does it take before they review it again? It took around 3 months for them to review the stuff we had submitted originally.  I'm hoping that is something that will only take a short time to re-review instead of going back to the start of the review process again.  Anyone have some insight into that?

I appreciate any replies.  Please be gentle. I'm feeling overwhelmed, frustrated and very anxious already.
 

11 minutes ago, Crazy Cat said:

My wife was 59 when we completed her DS-260.  She had a lot of different addresses.  You should be as accurate as you can, but estimated dates and "unknown" are acceptable if necessary.  Make sure you have an uninterrupted chronology for the entire period.  

So she just put "unknown" in the street address and that was okay? I was thinking of doing that but was worried they would reject it.  I can put the city and province, but no clue on the street names and postal codes.  I'll definitely be guessing at dates and years lol

I know the exact addresses and dates back to 1997...you think that would be enough, but apparently not 😬

We just got our NOA and are filling out the next steps with the online paperwork.  I'm (beneficiary) running into a problem with the prior address part.  It wants all the addresses and dates I lived there since I was 16 years old.  This is literally 30 years ago and between the ages of 16 and 21 I moved several times.  I can't even remember the street names never mind the physical addresses and I definitely have no idea of the dates I lived at each specific address.  I'm kind of stumped on how to proceed with this as it will not let me continue filling out the online forms until I fill in addresses to match the dates back to when I was 16.

Has anyone else had to deal with this and what did you do?  Any help is appreciated!

18 minutes ago, SusieQQQ said:

Ok then it may be an issue, if he’d been younger (under 16] he would not have met the requirements to pass on citizenship. Assuming he had lived most his life in the US then he is able to pass on. How uncooperative exactly is he? It seems there are court documents about custody- does he pay child support? (Trying to find an angle somewhere)

He's very uncooperative.  He doesn't do anything unless it benefits him in some way and even then he drags his feet.  His policy is to just ignore things and hope they go away.  He's not happy that we are moving and is even more annoyed that he agreed to it previously and it's now in our separation agreement and parenting plan and he's bound to it.  He could fight that if he wanted, and said he would, but it's been 2 years and he hasn't taken any action.  That's just how he is.

He only pays child support because it's forced.  He wasn't paying and was several thousand dollars in arrears.  He only started paying because I filed with the Family Maintenance Enforcement Program here in Canada and they took him to court and had it ordered.  He still didn't start paying until they put restrictions on his licence and insurance and such.  Now, he won't file his taxes so they can't increase the amount he has to pay for support based on his income now that he is working and not unemployed like usual.

He's an absentee father.  He literally has seen the kids once since COVID and only saw them once in the about 14 months prior to COVID.  He talks to them on the Xbox but that's it.  He can't even make the time to see his kids, he's definitely not going to make the time to get them citizenship to make it easier for me 😔

I'm not trying to be all negative here, just trying to see what my options are and how much of a problem this will be.  I really appreciate you taking the time to try and help me out here!!

11 minutes ago, SusieQQQ said:

How old was the dad when he moved to Canada?

He was in his 20s

19 hours ago, Chancy said:

 

If your ex is truly uncooperative, then your only option is to get visas for your children.  You will not be able to prove that your children have a claim to US citizenship now without the cooperation of your ex.

 

By the way, what's your question about police certificate?

 

Oh whoops! I was going to ask a question about the police certificate but managed to find the answer and forgot to change the subject when I asked this question 🤦‍♀️

17 hours ago, SusieQQQ said:

It appears Canadian long form birth certificates have place of birth of parents too. So either way it would probably be enough for the consulate to ask questions. 

Yep, my kids long form birth certificate does have their dad's place of birth on it.  Ugh, I really hope this isn't going to be an issue :( 

Hi, I have a question about my kids and this process. My current husband is not their biological dad. However, their bio dad is an American (living in Canada).

I was told by someone that because they are eligible for dual citizenship, I won't be able to get the CR2 for them. Is that correct? Do I have to instead get them dual citizenship? That's going to be next to impossible since my ex-husband is uncooperative and it will just never get done. It will be much easier and doable for me to be able to do it with a CR2.

As a side note, it's already in our court paperwork that I can move them to the US, so that shouldn't be an issue.

24 minutes ago, HTMW said:

I hate to drag out this thread longer; you asked a question and it was answered. Very well, I might add.

 

It assuredly came across as you wanting someone to uplift and tell you what you wanted to hear versus what is factually happening. It’s fair to say that we all get frustrated at some point along in this process; however, projecting it on @Greenbaum in this case (or anyone else for that matter) will lead you nowhere. He has been here for years and will most likely be long after your time here (knock on wood), taking the time out of his daily life to answer THOUSANDS of questions, hundreds quite similar to yours I bet. It may not be what you want to hear or how you want to hear it, but believe me and MANY, MANY, MANY others - he’s rarely far off and you should take his advice to the bank.

Everyone’s wait is most important to them and just how excruciatingly long of a wait is subjective. I don’t think 7 months is long AT ALL considering you just got approved. Speaking from experience. Count your blessings.

 

You’re a newbie, welcome to the forum and I hope you end up with your loved one as fast as the process allows. You will get there! 

 

 

He may have answered the question (which IS appreciated); however, he could have left out the condescending undertones (which were not appreciated).   As a newbie here, that kind of "tone" didn't feel welcoming or friendly; it just came across as condescending and/or snarky.  He's obviously a prolific poster with a lot of respect and I suspect many will feel he can say no wrong as a result.  It's always good to remember that it's not just about what we say but about HOW we say it, and that's especially important online when we can't hear and see how something is being said.  The "tone" people use here has obviously been enough of an issue that a mod made a post about it.  Anyway, his replies were enough that I don't think these forums are the place for me.  I was happier when we were just figuring it out on our own lol.

I know we will get there eventually.  Thanks for your response and take care!    

PS:  I hope those who are still waiting hear some good news sooner rather than later!

44 minutes ago, Greenbaum said:

The "whole process" is not frustrating. If you think about it USCIS, NVC or your embassy NEVER promised you a date that such and such would be completed. Just that they will give you a Yes or No answer. We all tend to bring on frustration because we set our expectations to high. Again, it's one of those things that I have learned along the way. Set your expectations lower and you will do much better. Trust the process!  

 

Good luck and stay engaged. 

I certainly wasn't asking to be coddled, but I do appreciate people being respectful and having some tact.  I'm a newbie here, but if snarky replies are the kinds of responses I'm going to receive I'm not sticking around.  There are ways to answer questions without being condescending and off-putting, especially to people are new to the forums and the processes involved.

ETA:  I just saw this in a pinned post by a mod .  I'm quoting it here because this is what my concern was with the "tone" of your reply - perhaps something to think about  "First, there is a tone difference between the Progress forums- which are mostly for support and cheerleading, and the Info forums, which are mostly to have questions answered.   While all our forums are supposed to be welcoming to all and friendly, this is especially important in the Progress forums, which are not to discuss politics, or be negative towards  those fortunate to have their case dealt with quickly, or  critical of those who voice sadness about their own slow progress. These forums are there to uplift each other!"

Anyway, I understand how "averages" work and when we started this process, it said the average time was 5-7 months.  Given that we have just gotten approval on the first part of our application and it's coming up on 7 months, we are clearly far on the long side of that average.  We assumed/hoped (obviously incorrectly) that we would have an "average" case.

I never said what it happening with us is unfair and that we should be approved.  I was simply asking if anyone else is in a similar position right now and if there are contacts that we may not be aware of to find out what is happening.  We are surprised at how long it's taking given that our application should be about as straightforward as they come. I am in a low fraud country, we submitted a completed package with no RFEs, we have been together 5 years and see each other at least 2-3 days a week (at least we did until the border closed), there are no issues in either of our pasts, both of us are financially secure and in long-term jobs, we had all the evidence that was asked for and so on.  That one case you posted had an RFE which of course will cause delays.  We didn't have that either 🤷‍♀️ 

On a side note, I do realize how very fortunate we are in being able to see each other as often as we do.  I am fully aware that most couples going through this process don't get anything even remotely close to that.  With the border closure, we haven't seen each other in 2 months.  That sure makes you understand how difficult it is for the couples who go this long, or even much longer, without seeing each other.  I certainly feel for them, it's hard!!

Finally, you may not feel like the process is frustrating (and it's easy to say that when yours is already completed), but we are finding it frustrating, right from when we started to fill out the forms which at times didn't make a whole lot of sense to waits that are proving to be much longer than predicted.  So yes, we find it frustrating.  We'll keep waiting because we have to.  That doesn't mean we don't wish the process was more efficient.

6 hours ago, Greenbaum said:

So, your case is following the current protocol. USCIS is approving and processing cases. NVC is assigning case number BUT the hiccup is that the embassies are closed to interviews and NVC has ceased to send out cases to the embassies. This is happening to EVERYONE. We are in a pandemic, why should anything be different. 

I sense that you are being somewhat snarky here.  If I'm being overly sensitive (very possible) and taking the tone the wrong way, I sincerely apologize.  If that is how you meant it, however,  it's uncalled for   I commented and asked a question because it seems like our case is well behind those who filed around the same time we did.  I'm sure anyone else in our shoes would be feeling the same way right now.

6 hours ago, Greenbaum said:

When the case is shipped from NVC is typically when they generate the letter to advise you of this action which also has your case number. Six months of being adjudicated between NOA1 and NOA2 is a normal processing time. Processing has stopped at the NVC point. Cases remain with NVC until such times as we see the embassies back to normal. 

I think I am misunderstanding the timelines (I know they are just estimates).  It took us 6 months just to get the notice that our case is approved. Judging by the others in this thread and the timelines I have seen, that seems well outside of normal?   There are people who filed when we did (or even after us) who have already had their cases through NVC and some are waiting for interviews.  I know that all experiences are not the same, it just seems odd that ours is so delayed, especially since it should be a really simple, straightforward case. 

It IS helpful to know that the cases are being stopped at the NVC point now.  I wish the letter they sent us saying we would hear within 30 days had been updated to reflect that it would be delayed until the embassies opened again - that would have alleviated some of the worry for us about the timeline at this stage (I fear that it may be awhile before the embassy opens in Canada as we are definitely taking a slow, measured approach to reopening the country - for which I am grateful!) 

Anyway, thank you for your input about the delay at the NVC stage.  I know that all we can do is try to be patient as this all works itself out.  This whole process is terribly frustrating  

13 minutes ago, Paul & Mary said:

NVC can't send the petition to Montreal so it is just sitting there.  Once things are moving you should get a letter with the case number.

Ahh okay.  I guess we thought we would get a letter from NVC with the case number and acknowledgement they received it, but it has to go to Montreal before that happens??  We were finally sent the I-797 (which took 6 months ?!?!) and I thought I read they were still doing all the processing up until the point of interviews.  Is that not correct?  

We filed our I-129F mid October and got the receipt letter on October 25th.  Then we heard nothing until March 25th when we got a letter saying our packet was approved and was being sent to NVC and we would receive information when they received it.  It said something about contacting them if it has been more than 30 days without hearing from NVC.  It's now May 8th and we still haven't heard anything.  We sent an email last week and got a forum letter response back today that was just an auto generated thing that didn't give any information.  I know COVID is causing issues, but we honestly thought we would have been near the point of scheduling an interview before that even happened, but instead it seems like our packet hasn't even been received by NVC yet.  Is anyone else having delays like this? Our case should be pretty straightforward so we aren't sure why there would be a big delay.  Is there a way to talk to an actual person to find out what is happening with our case?  We originally were hoping to move in August/September (for the kids to start at the beginning of the school year) and get married in October.  We started out worried we had filed too soon, but it now looks like we should have done it way sooner since it's been over 6 months just for the first step