From_CAN_2_US

No, unfortunately it is not unusual. When documents MTL wants are missing at the time of interview and sent to them later, it takes usually about 45 - 60 days to process and issue the visa. You haven’t indicated what visa class you are. It is unusual for MTL to ask for petitioner’s original birth certificate for IR1/CR1 (I assumed that’s what you meant by official?) unless petitioner is the child of the applicant (IR5 visa). I wasn’t asked for even a photocopy, but yeah, knowing MTL’s delays with any missing document, I carried any and every document with me to the interview that they could possibly ask. So I carried my Petitioner’s original birth certificate with me to the interview. But it wasn’t asked for.

General question - does anyone know if the petitioner’s background/ personal information can result in a DS-5535 for the beneficiary? I thought it was issued to vet only the beneficiary and only beneficiary’s information was factored in, but I have been watching Jim Hacking’s “Immigration Answers Show” lately, and when people come in with DS-5535s, he sometimes asked about the petitioner and their background (particularly about how they got their greencard / US citizenship and any criminal history/ fraud).

I don’t think visa class makes any difference to the timeline when it comes to DS-5535. From what I have read, working and having education in technical fields can result in DS-5535 when combined with other factors.

Yeah we can only speculate from the little we observe from this forum. “MTL is trying to keep an acceptable backlog for all categories” - yes, I agree. Whether this would be equal among the categories, I don’t know, but I doubt it. I looks like they are aiming to bring it back to pre-pandemic levels. Also yes, Tier 3 is already seeing a burst of ILs and reduction of backlog. So hopefully it will be the same for Tier 4.

Unfortunately not. You can email them, but chances are you will get a standard, canned response essentially saying they will get to it when they get to it. Regarding hampering ability to travel, you can ask for your passport back and they will send it to you. Then ask it back when they are ready to issue the visa, but all of that will just add extra time. So best to just leave it be. Maybe you will get lucky and get the visa approved within a week or two. That happens often as well. It isn’t illegal for them to keep your passport, because they will give it to you if want it. They are keeping it to be able to stamp your visa once it is processed. Montreal has kept people’s passport for even 9 months before… I know of consulates around the world that even keep it for years should you not ask for it back. But again your case would likely not fall under these as those are DS-5535 cases.

Usually about 45-60 days. Could be shorter if you are unlucky, or longer if you are lucky. There was someone here recently who was still waiting for about 6 months, but that is extreme… Unfortunately Montreal appears to shelve cases that have missing documents at the interview, and processes them at their own random pace…

No, because the wait time for CR1/IR1 is NOT reducing, not recently. It reduced from 12 months (from DQ to interview) in 2021 to 2-4 months in Feb 2022. Since then that has been consistent, and it reduced further. Why did the wait time reduce between October 2021 - December 2022? I understand it was because Montreal finally acted on the pressure they were receiving from state department from the March/ April 2021 DoS ruling to reduce wait times by adopting the tiered approach. To do this MTL borrowed staff from other consulates for 3 months to process the IR1/CR1/K1 cases in droves. I was there in November; the consulate was packed and wait times outside the consulate to get in was 3 hours or more. Now that tier 2 backlog is cleared, it appears Montreal is clearing tier 3 backlog. They will probably get to tier 4 (EB) next.

I see. AFAIK Normally expedites for interview are requested by emailing Montreal, not NVC. This is the first time I am hearing of NVC communicating an expedite approval on behalf of Montreal. When Montreal approves an expedite they schedule it for the very first slot of the very next month. In your case, you DQ’d (I think) just after interview letters were sent in April for interviews in May. So if Montreal had approved your expedite (directly) you should have been on the roster for May IL issuance (June interview). You appear to be delayed by a month, which might be because of the delay of communication from NVC to Montreal (which sucks ofcourse, but that’s how these agencies run). Regardless, the way cases are going right now for IR1/CR1 at Montreal, there is no backlog. 7 months ago, people were waiting 12 months from DQ for an interview letter. Now it is 1 to 2 months. So expedite does not make much of a difference (if any) in current context, when people are being scheduled so quickly anyway. Edit - I reread your post and realised MTL confirmed by email that you were on the track to expedite. If this email is from before you DQ’d then yes, it appears to be an oversight on their part. You should have interviewed in June.

I see, and was this expedite from NVC or Montreal?

When was your expedite approved?

Oh I’m sorry…. I think I misremembered…

Are you a K1 case? Please fill in your timeline. We have seen the status change this way for K1 cases before they are approved.

Montreal is known to take a long time to approve visa when documents are missing at the time of the interview. Your wait of 6 months after submission of documents is generally on the upper end of this timeline, so perhaps your approval is around the corner. It certainly is unfair that they make you wait so long. Sorry this has been so hard on you and your family.... Also sometimes in these cases, reaching out to the congressperson of the petitioner's state can help, especially if the congressperson is democrat.

Thanks for clarifying, OP. You need not worry about your immigration status. Even with a divorce, you would be able to keep your green card and eventually become a citizen. There is no reason for you to tolerate ill treatment or remain in an unhappy relationship, for the sake of your immigration status, as it is not in danger. On the immigration side of things, key is that the marriage was real while it lasted, and that’s what you will need to prove, should it dissolve. So best to document everything. But rest assured, USCIS can understand that marriages don’t always last.

OP, you are conflating several things: 1. As others have advised, you are not on a visa. You are a permanent Resident. The CR1 is relevant though, because if you entered less than 2 years ago, you are on a conditional green card, not 10 year green card. 2. Now I am guessing from some of your posts you are wondering what would happen to your status and future in the US, should things turn sour between you and your spouse due to these personal issues with regard to his parents. As you probably know you will need to apply for removal of conditions 1 year 9 months after your entry into the U.S. At this time you would need to prove that your marriage is ongoing. Should things go sour and you divorce, you can still be successful in removing conditions and getting a green card, by submitting a divorce waiver. This would also impact your timeline to file for citizenship, because you would be applying under the 5 year rule, because you would not be living with your spouse. 3. About what you should on a personal level about dealing with your spouse and his parents, that is not an immigration matter, and is beyond the scope of this forum. You are advised to seek marriage counselling or other experts in relationships.

It is valid for two years. Used to be one year, but around July 2021 that rule changed to two years. This has been confirmed multiple times. Please update your timeline.

Ok this is weird and I am guessing someone on their end messed up. You are still DQ’d right? So what I said earlier applies.

Oh also what do you mean the police certificate is missing. Is it just not visible on the CEAC portal, or did you get a message about it?

Not sure why your police certificate is missing, but if you are DQ’d you need not worry. You will be able to reupload on CEAC before the interview and you can take it to the interview. Now, I am confused by your post. If you DQ’d in April 2022, why do you think: 1. you will need a new police certificate? 2. You won’t get an interview until June 2023. Police certificates are valid for 2 years, and the backlog for IR1/CR1 at Montreal consulate has pretty much been eliminated leading to very short wait times from DQ to interview.

I think @caveman means someone permanently residing in the UK, not the immigration status of PR. It may be tricky… may require some proof of address. if @CaveMan2 has some proof of address linked to their grandparents (such as bank account in the UK with that address), perhaps that would help… If the wait at London consulate is not long maybe @Caveman could consider temporarily “living” with their grandparents, getting proof of address (eg: driver’s licence, bank account)….

This announcement is misunderstood on this thread. “the guidance to posts for the prioritization of consular services during the pandemic issued in November 2020 has been rescinded.” This refers to the guidance to the consulates given in November 2020 to prioritise immigrant visas over non immigrant visas. The tiered approach was not instructed until sometime in 2021, I think March or April 2021, so it is not referring to that. Nonetheless, 2 year waits are inexcusable. The consulate needs to get their act together…

This theory makes sense because Family Preference is tier 3 while employment based is tier 4….

Sounds like a nightmare getting an appointment at Telus Montreal. When I called to book an appointment for a medical at Dr Mascaranhes in Toronto, I got one within the same week of my call on the very first try. Note - they say it takes 5 -7 business days, and sometimes it’s true, but it has been known in the past to take longer, as much as 3 weeks.

Agreed… that’s what my gutt says too from all I have read here. @herecomestherain I encourage you to reach out to attorney Jim Hacking on his daily immigration answers show. He maybe able to give some insights to help you make a decision.