Action against CIC? (Legal or otherwise)

[epmarshall]

Just a side note again about the American green card. The 125% wage a sponsor must show is essentially waved if both parties are outside the USA. My wife and I were both living abroad. We brought pay stubs and got my wife's parents to sign the co-sign application, but it was all ignored and given back to us. I don't believe any forum on here discusses how stream lined the Green card process is if both parties are outside the USA. I got my green card in a month. The process was designed for American military personnel who marry or have children while posted abroad, but it benefits all Americans. They just don't advertise it, I only found out through friends.

Wow, thanks. That is really encouraging. I was just about to make a topic regarding the Green Card, as it's a thing my boyfriend and I are considering. We are both in Canada right now.

You said you only found out through friends? Do you have any links or resources you could provide me so I can research it? I would really appreciate it if so.

Hope to see you in my topic since you have experience with this.

Also, sorry to hear about your long ordeal with CIC. That sounds like a nightmare.

 

[mpottier]

http://seoul.usembassy.gov/visas_spouse_of_american.html

This is the link we used for Korea. Unfortunately I can't find the equivalent page on the Montreal/Ottawa USA embassy page. It appears that Canada doesn't have an immigration field office like Korea. Annoying, and bizarre. But basically how it works is you apply using the I-130 petition at the embassy. After about 3-4 weeks they will respond with a letter saying everything is go, and they will give you a list of docs you need (medical check, background check etc). If you have all these docs ready before hand you can send it to them as soon as you get the initial letter. After they receive your docs they will review them and a week or two later they will tell you to come in for an "interview" which really only amounts to them asking if everything in the application is true. Then a week later you get your green card package in the mail. It can take as little as 4-5 weeks, and I have never seen it take longer than 3 months (only because people took their time to get their docs). It also cost quite a bit less.

As I mentioned in the previous post since both my wife and I were living and working abroad (Korea) they weren't interested in her income or even her family's income back in the States (we provided them all the docs for this. They really only worry about that the the american sponsor is currently living in the USA. Since my wife and I were working in Korea, they assumed we were fine as we were able to take care of ourselves in Korea.

However, It might be worth trying to get a hold of the consulate in Canada, because it seems to be a different system there.

 

[epmarshall]

http://seoul.usembassy.gov/visas_spouse_of_american.html

This is the link we used for Korea. Unfortunately I can't find the equivalent page on the Montreal/Ottawa USA embassy page. It appears that Canada doesn't have an immigration field office like Korea. Annoying, and bizarre. But basically how it works is you apply using the I-130 petition at the embassy. After about 3-4 weeks they will respond with a letter saying everything is go, and they will give you a list of docs you need (medical check, background check etc). If you have all these docs ready before hand you can send it to them as soon as you get the initial letter. After they receive your docs they will review them and a week or two later they will tell you to come in for an "interview" which really only amounts to them asking if everything in the application is true. Then a week later you get your green card package in the mail. It can take as little as 4-5 weeks, and I have never seen it take longer than 3 months (only because people took their time to get their docs). It also cost quite a bit less.

As I mentioned in the previous post since both my wife and I were living and working abroad (Korea) they weren't interested in her income or even her family's income back in the States (we provided them all the docs for this. They really only worry about that the the american sponsor is currently living in the USA. Since my wife and I were working in Korea, they assumed we were fine as we were able to take care of ourselves in Korea.

However, It might be worth trying to get a hold of the consulate in Canada, because it seems to be a different system there.

Thanks for the informative response!

Yeah, the fact that Canada doesn't have one is very bizarre considering its good relationship with the US. I will at least contact them and ask if they offer it, though. If they don't, then we'll look into other methods but it's at least worth checking out.

That interview doesn't sound terrible like the ones you usually hear about for these things. Did you two still need relationship proof/history?

Thanks again!

 

[mpottier]

Yes there was really was no interview, I was standing at the 'bank teller' like area, and just raised my hand and said everything I provided was true. All we provided was our marriage certificate. Canadians are not really pegged as contributors to marriage fraud, also the first Green card they give you (if you have been married less than a year) if only for 2 years, and when you renew this you give evidence that you are still married legitimately (apartment lease, wedding pics etc.). But they have to prove your your marriage is fake, the onus is on them.
the process was so easy in Korea, and you actually spoke to American officials in person at the embassy.