Schmelle

Hello..
My husband(USC) and I have filed both the I130 and I129F from Toronto. Unfortunately we did not get to go the DCF route because of the timing of our application...DRAG!!! Anyway, my husband has since moved to Florida and I'm actually here visiting from Toronto. ( FYI....I didn't have to show any of my supporting Canadian documentation to customs at Montreal Airport even though I have pending applications).

So I plan to visit with my husband as long as possible...I guess as a Canadian I can stay up to 6 months?. Is there anything I can do from here when my petitions get approved ...ie...medical, police check? Or any documents I can get ready while I'm waiting?

Also, will the VSC send our packets to my husband's address in Florida if we call and ask once the petitions are approved? I know this is the issue that everyone has...they don't want to be separated from their spouse....so sorry if this seems redundant. I'm just looking for the best possible angle.

Thank you to anyone who has any advice/comments/related experiences!!!

ian-mstm

Yes, Canadians can *visit* the US for 6 months with no formal visa.


I don't believe so. Your medical needs to be done in Canada by a USCIS-approved physician, and your police check will require photo ID before it can be started.


Unless he has updated his address with USCIS, any approval notices will go to his previous address... and any notices they send you will go to your address in Canada. If no one is there to receive mail, you may find your case closed or considered abandoned without you even knowing about it.

Ian

Schmelle

Thank you Ian. I'm very aware that if no one is in Canada to pick up our mail that we will be up sh@* creek!!! Of course our Canadian address is still active....what I was asking is if I can have our packet sent here at all....we applied from Canada so can we change the address to US?

Noorah101

It's best not to change address mid-way through the process, in my opinion. Especially changing it from a Canadian to a US address. You can download all the visa application forms you need and fill them out ahead of time, if you want, from the USA. That way you'll be a step ahead of the game. When your packet arrives at your address in Canada, then you can return to Canada and submit whatever it is you need to back to the embassy, get your medical done, and attend the interview.

Best Wishes,
Rene

Noorah101

You should find out how long your police check will take, if you haven't done that already. The one in the UK takes 6 weeks, so if yours in Canada takes that long or longer, make sure you get back in plenty of time to get that done before your packet arrives and you need to return a checklist or documents to the embassy.

Rene

Schmelle

Thanks Rene,
I have not yet done my police check but I read that you can apply by mail through Winnipeg which is great. You are probably right about changing the address. So just to confirm...which forms can I download exactly? We have applied for I130 and K3. I thought I had to use the forms that they send me because they are barcoded? Am i wrong about that?
Thanks Rene

meauxna

You haven't "applied" for I-130--it is a petition which leads to an application. Be clear that by sending the additional I-129f you are applying for a K-3 visa--learn what the implications of your choice will be.
You'll need the I-130 for after you move to the US.

Also, be very clear that you may VISIT the US while you are waiting for your case. Canadians are allowed 180 days per year in the US as visitors; have you kept track of your previous time 'in'? If the officers hears you are coming to the US to wait with your husband, if it's interpreted as you 'hanging out til your visa comes' you could very well be denied entry to the US. (since you're now in, this may be a moot point for you)

You will probably not get to the barcoded NVC forms phase, because you've now petitioned for a K-3 visa. USCIS will assume that is the visa you want and they will not do more processing toward your immigrant visa.

ian-mstm

Okay, just so I understand what you're getting at... you want to change things so that instead of USCIS sending the information to *your* address in Canada, it goes instead to your husband's address in the US? If that's what you're asking, I don't think it's going to happen. USCIS will usually deal only with the consulate in the foreign country (in this case, Canada)... and the consulate usually only has jurisdiction from within that country. IOW, the consulate in Montreal will not send information to an address outside of Canada.

Of course, if this isn't what you meant, then my reading comprehension isn't what it used to be!

Ian

Schmelle

Thanks Ian....rest assure that your reading comprehension is fine....thanks for the info. M

Schmelle

Just to clear things up....we have applied for 130 (we had to of course because we are married) and the K3 because we are hoping for the fastest route to get me here. If the I130 petition come through before the K3 we will cancel the K3...I have read many people doing this. Isnt this a possibility?

meauxna

No, it is no longer an option to pursue both visas.

The I-130 is a petition that leads to an immigrant visa.
The I-129f (when filed after I-130) leads to a K-3 visa.

Many people think the I-130 is a type of visa; it's not.

Currently, CIS is holding I-130s at the Service Center, when there is an I-129f also filed. Often, both petitions are approved on the same day, but the I-130 is 'retained'.
They are holding it for your eventual AOS application. You don't get the option of going ahead for the IV immediately. If you would much much rather get the IV, you can file an additional form for about $200 and another 6+ months worth of processing time before the I-130 will be forwarded to the NVC and another 3 months of previsa processing there, PLUS whatever wait there is for an appointment date in Montreal.

Not as neat and clean as previously.

Schmelle

wow..thanks for telling me that. it's really infortunate. well i guess K3 will be our option and we are fine with either as long as we can be together to be honest. any idea how long it has been taking K3's to process? i literally just sent it so i havent even recieved a NOA yet. i'm assuming that it will take at least 6 months if not more?to

meauxna

Well, you know the timeline drill---the answer is "who knows". You can keep an eye on visajourney if you'd like to obsess over it.

One benefit for you might be a quicker interview. Montreal is quite backed up with the IV appointments; a K-3 might get called up more quickly.

It seems that ALL petition+visa processes are taking aboiut 6-9 months now. Add variation for individual circs and some country-specific slowdowns, but it's more or less the same at the moment.

Schmelle

I'm laughing because you definately called me on it!!! I'm undoubtedly OBSESSING!!! It's difficult not to.

ian-mstm

Sheila and I had a relatively easy time with immigration. I also moved from Canada to the US. Above all else, we looked at the immigration process as an adventure, not as a burden. I think that made it about as tolerable as this infernal process can be!

Ian