Folinskyinla

The following is from AILA. I note that the posting is limited to "filing." Do note that Montreal remains the only IV post in Canada.

"AILA has been informed by USCIS Service Center Operations that petitioners resident in Canada filing an I-130 petition for a spouse, parents and children may file their petitions with the US Embassy and consulates (other than Quebec). Instructions for the I-130 on the USCIS website provide the following:

"Petitioners residing in Canada can also file with the Vermont Service Center. United States citizens residing in Canada who are filing for their spouse, child, or parent, may now file at the nearest Embassy or Consulate, with the exception of Quebec City."

Rete

That is fantastic news, Mr. F. Thanks so very much for calling it to our attention.

So if I read it correctly, you can file at any of the US Consulates but the actual interview will be done at the US Consulate in Montreal.

Correct me if this is off base.

Rete

Folinskyinla

Hi Rete:

No, it is not what I said.

Two facts:

1. You can now FILE an I-130 at any consulate in Canada except Quebec City.

2. When it comes time for the Immigrant VISA, a STATE DEPARTMENT function, that is still in Montreal.

I have no idea if I-130 interviews or adjudication will be done in Canada or not -- and if so, where they would be done.

Rete

Okay call me dense, I'm not getting it.

I understanding the filing part. What do you mean by the 2 point "When it comes time for the Immigration VISA, etc., etc."

I equate that with the adjudication of the I-130. So what am I missing?

meauxna

It all depends on how they are going to handle adjudication of the I-130; there are a couple of choices.

* Since they state that the petition may be filed at any Consulate (besides QC) it may be a 'true' Consular filing where a CO adjudicates -or- petitions are accepted at these posts and forwarded to a USCIS Field Office (makes less sense to me).
For I-130s filed abroad, there is often an 'interview' at I-130 submission. For example, I had to appear in person to file mine, and my DAH had to attend with me. We were asked basic questions relating to my petition facts.
Remember that "DCF" refers *only* to the filing of the I-130. After that, the IV application is like any other. (some Consular posts aren't like this at all... in fact there is every flavor of combinations of appointments, personal appearances, doc submission etc)

Except! In this situation, NVC has been collecting docs and setting appts for MTL. We'll just have to see how the details shake out on this I suppose.

Folinskyinla

Hi:

The time change has us messed up I guess.

Immigration 101 -- immigrating on a marriage VISA is in essense a two-step process -- the first being the I-130 immigrant visa petition filed by the US Citizen, the second being the immigrant visa processing via the Department of State. Normally speaking, the I-130's are ADJUDICATED by the CIS within the DHS. However, there is an exception where the I-130 can be FILED with the consulate and the consulate MAY approve the I-130, if they don't approve it, then they send it to CIS for adjudication.

As I have also noted in the past, "DCF" is certain places is not true DCF -- some consulates, like London, have DHS offices in the Embassy and they do the adjudication.

All that I am saying is that the INITIAL step of filing the I-130 can be done at a consulate in Canada. As always, the FINAL "visa" step will have to be done in Montreal. What happens in between, I don't know.

Rete

Okay we are now in the same time zone. That is what I thought you meant but I phrased it incorrectly in my response.

Thanks Mexie for stating what I obviously knew but failed to vocalize. I will go to my corner now ;-(

meauxna

Updates and corrections to the above can be found from the Consular Services/Canada site here: http://www.amcits.com/immigration.asp

It looks like Vermont filings are for "U.S. citizens resident in Canada who wish to file I-130 petitions on behalf of brothers, sisters or adult sons and daughters or U.S. Legal Permanent Resident Aliens (who reside in Canada) and wish to file I-130 petitions on behalf of their relatives"

Which begs the aside, how many US LPRs would be "residing" in Canada?

The page includes info for each specific Consulate, entry to the US after an I-130 is filed on your behalf, and what is required from the USC to show residence in Canada.

There is a couple posting on visajourney who are going to Toronto next week to file the I-130. They were told by MTL that total processing time would be 2-3 months from I-130-->IV and indicate that the I-130 adjudication will take place at the Consulates, with the IV app forwarded to MTL on approval.

It all looks like good news for USCs residing in Canada who are moving to the US with their Canadian spouse.

Folinskyinla

Hi:

There is a little beastie called "commuter status" -- more common on the Mexican border than the Canadian. But it does exist -- I can easily envision it in Detroit/Windsor and Vancouver/Pt. Roberts. BTW, Pt. Roberts, Washingtion is a suburb of Vancouver surrounded on three sides by water and the north side by British Columbia.