klo2005

Hi there,

I have a question about whether visa's can be processed simultaneously.

I have an approved I-130 which is currently at the NVC stage and there is an opportunity at my work which may allow me to enter the US on an L1 sooner than when my I-130 will be approved.

If this happens, what do I do?

-Do I file an I485 only since my I130 has already been approved or do I have to file my I130 again?

-Can I continue with my I-130 (which has been filed outside of the US) at the same time that I'm legally in the US?

Any help you can provide would be greatly appreciated!

Thank!

K

you can certainly adjust status after your US entry but that would be lying to the immigration officers. here is why:

when you enter the US on a L1 visa you are entering the US on a non-immigrant work visa and convincing the officer that you are only there for work purposes and will return after the business is complete. the officer will then give you (at his discretion ofcourse) a I-94. there is no guarantee that you will recieve an entry as your immigration visa process is still pending. you will have to convince the officer by showing ties to your country and that you will return back. most people dont have any problems entering but the officer at the POE has the right to deny entry if he feels that you are going to stay behind and file for an adjustment of status (I485).

if you stay behind and adjust status, you will have to go through answering questions about what your real intention was when entering the US. if during the AOS interview they sense that you are lying and that your real motive behind the L1 entry was to stay behind and adjust status, they have the right to deny you a green card. in this case have your USC spouse speak with an immigration lawyer if you go through this route.

the next option for you (safest option) is to enter US on L1 and return back to your country for the interview when the date is provided. this way you do everything right and dont create any problems in your life.

option 3, if this is possible and my recommendation, ask your employer to postpone your travel until your interview is complete. this way your employer will have a permanent resource in the US when you get here.

i hope my explanation above is making sense. good luck in whatever you decide.

So I've been able to confirm that I can enter on a non-immigrant L1 visa and then have my immigrant CR1 visa in process. I think your idea to come back to Canada for the interview makes sense and my husband and I have decided not to move our finances, etc. until we are officially approved.

Do you happen to know what happens with SSN, etc when all that happens? I will be given an SSN number with my L1 and presume I keep the same one when I get my greencard, right?

Are there any other suggestions of things that I should do to prove intent to return to Canada while I'm on my L1? It sort of seems strange to me as they will also know that I have my I-130 in process which obviously says that I do have intent to immigrate eventually.

Hi there,

I'm looking for help from other Canadians who have gone through this process.

On the DS 230, Question 25 asks you to list all previous visits to the US, including approved visa number, etc.

As a Canadian, I travel back and forth to the US all the time for work so have no idea how many times I've been there and of course have never had to get a visa to travel to the US either since Canadians are exempt.

How does a Canadian answer this question on the form?

Thanks

K

I would say call NVC and see what they have to say

I called NVC but they didn't seem to be able to provide any help. They only process the paperwork.

Hi there,

I have a question about whether visa's can be processed simultaneously.

I have an approved I-130 which is currently at the NVC stage and there is an opportunity at my work which may allow me to enter the US on an L1 sooner than when my I-130 will be approved.

If this happens, what do I do?

-Do I file an I485 only since my I130 has already been approved or do I have to file my I130 again?

-Can I continue with my I-130 (which has been filed outside of the US) at the same time that I'm legally in the US?

Any help you can provide would be greatly appreciated!

Thank!

K

So I took Garu's advice and called the operator and got a live person who did in fact have both our case received and our INN number! Thanks for the suggestion. I think I will ensure that I get a live operator from now on for any updates on our case. Clearly the automated system is not reliable!

I had my I129F and I130 approved on September 8th. NVC received the I129F on September 15th and sent us a letter acknowledging receipt and its case number. We did not receive any such letter for the I130, and the automated system also did not have the I130 on it.

We're going the I129F route so not really following up on the I130. Not sure of its status.

I also not able to get 130 case number from NVC while I did for I129F yesterday. Hopefully they have it by next week.

Thanks Garu. That's good advice. I somehow presumed that the automated system was accurate but I'm seeing cases which were approved after ours and NVC already received and case number assigned. How frustrating!!

I love that spreadsheet. How do I become a member of that group to add my info in?

Thanks!

Hi everyone,

Just wanted to introduce myself as I just got approved from CSC in September too. Sadly, NVC has not yet received the case yet and therefore no INN assigned. I'm trying to be patient....when I called NVC and finally got a hold of an operator, they told me it could take up to 90 days! It doesn't appear based on timelines of others that it takes that long though.

Hi everyone,

I've been looking at the history of timelines and it looks like from NOA2 to NVC receipt is usually only a few days (even though they say on the NOA wait for 90 days). We had our I130 approved from CSC on September 20 and the case hasn't arrived at NVC yet.

Is anyone experience similar delays? Is there some sort of backlog at NVC that I should know about?

Thanks so much!

Hi everyone,

I've been looking at the history of timelines and it looks like from NOA2 to NVC receipt is usually only a few days (even though they say on the NOA wait for 90 days). We had our I130 approved from CSC on September 20 and the case hasn't arrived at NVC yet.

Is anyone experience similar delays? Is there some sort of backlog at NVC that I should know about?

Thanks so much!

Hi there,

My CR-1 case has just been sent to NVC and I'm in the process of getting the rest of the documents ready. I'm trying to figure out where to get the RCMP police name check done. Can you walk into any RCMP location to get that done on the spot? I live in Toronto and there doesn't seem to be an office in the city. Has anyone done this recently and can you go to the location by the airport?

I will likely do the fingerprint checking too just to be safe, but I hear this takes 4-6 months so want to have a back up in case my interview date is prior to getting this document?

Thanks so much!