I-130 in Canada if no longer resident
May 8th 2004, 8:19 am
#1
BE Forum Addict
Thread Starter
Joined: Dec 2003
Location: Waukee, Iowa
Posts: 1,583
I-130 in Canada if no longer resident
Will the Montreal Consulate complete processing of an I-130 if the beneficiary has moved to the US on a K-3?
Obviously, provided you have the time and money, there is a clear time saving to completing processing in Canada instead of doing AOS in the US. But if you're no longer resident in Canada, having moved to the US, will the Montreal Consulate allow it, or just bounce the petition?
Obviously, provided you have the time and money, there is a clear time saving to completing processing in Canada instead of doing AOS in the US. But if you're no longer resident in Canada, having moved to the US, will the Montreal Consulate allow it, or just bounce the petition?
May 8th 2004, 8:27 am
#2
Concierge
Joined: Apr 2001
Posts: 46,474
Re: I-130 in Canada if no longer resident
Originally posted by CalgaryAMC
Will the Montreal Consulate complete processing of an I-130 if the beneficiary has moved to the US on a K-3?
Obviously, provided you have the time and money, there is a clear time saving to completing processing in Canada instead of doing AOS in the US. But if you're no longer resident in Canada, having moved to the US, will the Montreal Consulate allow it, or just bounce the petition?
Will the Montreal Consulate complete processing of an I-130 if the beneficiary has moved to the US on a K-3?
Obviously, provided you have the time and money, there is a clear time saving to completing processing in Canada instead of doing AOS in the US. But if you're no longer resident in Canada, having moved to the US, will the Montreal Consulate allow it, or just bounce the petition?
Yes. There is that option available to K-3 visaholders. You are given the choice when the NVC lets you know they have your approved I-130 that you want to either complete AOS in the States or complete it at the US Consulate. If at the Consulate level, then NVC sends your USC spouse the I-864 to be completed and sent back and the foreign spouse the packet of forms to be completed and sent back to them. The NVC is the one that will send you the interview date at the US Consulate in Montreal It is my understanding Montreal is not involved with the process until you get that appointment and walk through their doors.
If I am incorrect folks, please let me know.
Rete
May 8th 2004, 8:29 am
#3
SUPER CRUNCHY BALCONY COW
Joined: Jul 2003
Posts: 9,476
Re: I-130 in Canada if no longer resident
Originally posted by Rete
Yes. There is that option available to K-3 visaholders. You are given the choice when the NVC lets you know they have your approved I-130 that you want to either complete AOS in the States or complete it at the US Consulate. If at the Consulate level, then NVC sends your USC spouse the I-864 to be completed and sent back and the foreign spouse the packet of forms to be completed and sent back to them. The NVC is the one that will send you the interview date at the US Consulate in Montreal It is my understanding Montreal is not involved with the process until you get that appointment and walk through their doors.
If I am incorrect folks, please let me know.
Rete
Yes. There is that option available to K-3 visaholders. You are given the choice when the NVC lets you know they have your approved I-130 that you want to either complete AOS in the States or complete it at the US Consulate. If at the Consulate level, then NVC sends your USC spouse the I-864 to be completed and sent back and the foreign spouse the packet of forms to be completed and sent back to them. The NVC is the one that will send you the interview date at the US Consulate in Montreal It is my understanding Montreal is not involved with the process until you get that appointment and walk through their doors.
If I am incorrect folks, please let me know.
Rete
I heard someone did it a few months ago.. I don't think you are wrong Rete
Lucky you CalgaryAMC!!
May 8th 2004, 8:34 am
#4
BE Forum Addict
Thread Starter
Joined: Dec 2003
Location: Waukee, Iowa
Posts: 1,583
Re: I-130 in Canada if no longer resident
Interesting. Thanks.
I am just wondering what the catch is - with Montreal being so close, I would assume that all petitioners from Canada would do this instead of AOS...but many don't.
I am just wondering what the catch is - with Montreal being so close, I would assume that all petitioners from Canada would do this instead of AOS...but many don't.
May 8th 2004, 8:35 am
#5
SUPER CRUNCHY BALCONY COW
Joined: Jul 2003
Posts: 9,476
Re: I-130 in Canada if no longer resident
Originally posted by CalgaryAMC
Interesting. Thanks.
I am just wondering what the catch is - with Montreal being so close, I would assume that all petitioners from Canada would do this instead of AOS...but many don't.
Interesting. Thanks.
I am just wondering what the catch is - with Montreal being so close, I would assume that all petitioners from Canada would do this instead of AOS...but many don't.
Canadian are lucky!!
Have a nice weekend!!
May 8th 2004, 8:37 am
#6
Concierge
Joined: Apr 2001
Posts: 46,474
Re: I-130 in Canada if no longer resident
Originally posted by CalgaryAMC
Interesting. Thanks.
I am just wondering what the catch is - with Montreal being so close, I would assume that all petitioners from Canada would do this instead of AOS...but many don't.
Interesting. Thanks.
I am just wondering what the catch is - with Montreal being so close, I would assume that all petitioners from Canada would do this instead of AOS...but many don't.
Montreal is not that close for someone living in the Southern States or the West Coast. Perhaps they don't want to return to Canada and leave their spouses or families or they live in a district office jurisdiction where AOS is rather quick. Or money is very tight. We have seen this problem numerous things on the forum when people cannot be financial sponsors and/or two jobs are needed just to float the household.
Rete
May 8th 2004, 8:39 am
#7
BE Forum Addict
Thread Starter
Joined: Dec 2003
Location: Waukee, Iowa
Posts: 1,583
Re: I-130 in Canada if no longer resident
So it is not a matter of driving/flying up there for the appointment day and returning the next with GC in hand?
May 8th 2004, 8:43 am
#8
SUPER CRUNCHY BALCONY COW
Joined: Jul 2003
Posts: 9,476
Re: I-130 in Canada if no longer resident
Originally posted by CalgaryAMC
So it is not a matter of driving/flying up there for the appointment day and returning the next with GC in hand?
So it is not a matter of driving/flying up there for the appointment day and returning the next with GC in hand?
Some people can't afford it.. even if it's for a GC.
May 8th 2004, 8:46 am
#9
BE Forum Addict
Thread Starter
Joined: Dec 2003
Location: Waukee, Iowa
Posts: 1,583
Re: I-130 in Canada if no longer resident
Originally posted by Hypertweeky
Canadian are lucky!!
Have a nice weekend!!
Canadian are lucky!!
Have a nice weekend!!
May 8th 2004, 8:51 am
#10
SUPER CRUNCHY BALCONY COW
Joined: Jul 2003
Posts: 9,476
Re: I-130 in Canada if no longer resident
Originally posted by CalgaryAMC
DCFers are lucky
DCFers are lucky
That too, but it is easier for Canadians to get in the US
May 8th 2004, 8:58 am
#11
Concierge
Joined: Apr 2001
Posts: 46,474
Re: I-130 in Canada if no longer resident
Originally posted by CalgaryAMC
So it is not a matter of driving/flying up there for the appointment day and returning the next with GC in hand?
So it is not a matter of driving/flying up there for the appointment day and returning the next with GC in hand?
Honestly not sure. Since you would have had a police clearance for the K-3 will another be required? Will you require another medical? If so that is a day or more in itself if it has to be done by a Canadian AOS approved physican. Or then again, it might be as easy as crossing at Lake Champain, NY and going to straight to the US Consulate that morning and returning home later in the day. For me that is about a 6 hour drive and I would rather than a few days in the area then doing it in one day. But that's me.
I suppose the US Consulate is the one to ask about the questions asked above. They would be the ones to tell the Canadian what is or is not required.
Rete
