Migrating to US & Canada- Desperate for advise

[AnitaPinnalawatta]

My partner and I, applied for migration to Canada (from CHC London)and received AOR- 16 March 2006. Currently residing in UK. I am the principal applicant and my partners is the dependent. My partner has a legal status issue in UK. I have an MBA in Finance and Small business mgt., 6+ years experience in management. (both Sri lankan citizens)

My partners parents are US citizens and have applied to sponsor him-as un-married son. This was done February 2006.
My questions are as stated below and I hope anyone can help me:-

1. My partners parents feel their process should take 2 years. How likely is that?

2. His parents applied from USA for him but the interview is set to take place in Sri lanka. If he leaves to Srilanka for the interview, would he have a problem returning back to UK (maybe on visit)since he overstayed before?
* His parents talked about changing their interview to UK- but were worried about his status in UK causing a problme for his US migration.

3. We applied to Canada on skilled federal migration. Normally there is an interview- and if we have to attend one I fear if US interview is before he may have to go Srilanka and will not be able to return to UK for our Canada interview?

4. I do not want to migrate to the USA and want us both to get the Canadian migration quickly. Any views on whether we could get Canada before he gets USA?
I desperately hope some one can advise me on what to do.
Ani

 

[AnitaPinnalawatta]

PMM any advise!
Thanks
Ani

 

[PMM]

Hi

PMM any advise!
Thanks
Ani

1. Probably too complicated for forum advise.
2. You say your partner is being petitioned by his parents as single, are you in C/law relationship, married? If so then he is not single.
3. You say you have applied for SW for Canada, if you read the AOR it gives you an approximate processing time. 27-54 months, it will probably be at the longer end of the time frame, as your documentation will have to be checked by Colombo.
4. Your partner may be either a first or second preference for the US Green card, I have no idea what the waiting time is for Sri Lanka as it is based on country of Birth.
5. If he has overstayed in the UK, and he returns to Sri Lanka, getting a new UK visitor visa maybe close to impossible.

PMM

 

[AnitaPinnalawatta]

Dear PMM
1. Why too complicated? Who can I contact?
2. We are in a C/law relationship- thats how we applied for SW for Canada. But his parents applied only for him and have not mentioned this fact as they felt it would be faster only applying for him as un-married son.
3. My Canadian SW -AOR said 37 months. Why checked by Colombo? I have never really lived in Sri lanka but I am a citizen of Sri lanka by decent. I have submitted PC for Pakistan as I lived there and in UK.
4. He was born in Srilanka. What classifies a person to become a first or second preference for US Green card?
5. Thanks for this confirmation. Do you think his current status in UK(overstayed) would effect him if we change his US interview to UK?

Thankyou very much PMM for your time and reply
I look forward to your comments
Ani

 

[AnitaPinnalawatta]

Any response PMM?
Ani

 

[clayheart]

Are you kidding me?! Two years?! Even assuming that your partner is indeed single, there is no way that his green card will be processed within two years. Family-based petitions are retrogressed. For unmarried sons and daughters of US citizens, the priority dates are waaaaayyy behind. If he is below 21, he would be 1st priority, and they are now processing cases filed in 2001 (2001! And not moving.). If he is over 21, it's even worse - 1997. So don't worry about which one will come first - I can guarantee that Canada will be done first.

For US, it's place of birth that's important, not current citizenship. So since he was born in Sri Lanka, he will fall under "rest of the world chargeability", and those dates I mentioned above will apply. Actually, even if he was born in the UK, same thing.

Believe me, I know this for a fact. My parents petitioned for me in 1993, and it took so long that I got married in the meantime. If I had waited, it would have been current by now, but you can't put your life on hold for a GC. I was then reclassified to priority 4, but I've abandoned that application and have gone another route (EB in US, and SW in Canada).

 

[AnitaPinnalawatta]

Dear Clayheart

Thankyou for yor response. Sorry I just saw it, and it gives me a lot of encouragement!
Good to know time lines since I could not find this info. on USA any where else. He is over 21. So I am going to try and be positive about the SW visa for Canada.

When did you apply for Canada?
Thankyou very much for your response
Ani

 

[AnitaPinnalawatta]

Clayheart

Do you know where I could get some information on USA family based (over 21) processing times?
Where did you get these time lines from?
Thanks once again
Ani

 

[shabab]

Ani

Try this link https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=VSC

 

[AnitaPinnalawatta]

Dear Shabab

Thanks for the link. I just chcekd and 'Petition for Alien Relative' of U.S citizen filing for an un-married son or daughter over 21 = February 26, 2006. i.e. they are Now processing cases with receipt Notice date of February 26, 2006. His case was filed by his parents on March 2006.

Seems like this will come quicker than Canada SW?
Is this correct Clayheart and ....?

Ani

 

[AnitaPinnalawatta]

Hi Guys

I just checked and 'Petition for Alien Relative' of U.S citizen filing for an un-married son or daughter over 21', his case was filed at the California office and not vermont. California is currently processing 7 January 2003 cases, so maybe you guys are right Canada may come first

Hope it all works
Anita

 

[Rafi]

PMM any advise!
Thanks
Ani

 

[clayheart]

Anita, you are confusing priority dates with change of status dates. The petition itself is processed right away, but the change of status (to receive GC) is the one that's retrogressed. You will find the dates on the US Dept of State site, or for a good summary, here: http://murthy.com/visadate.html

If your partner was petitioned as "unmarried son/daughter of a US citizen", that's 1st priority. As you can see in the chart, the priority date is June 2001. This has not moved for some time. Again, the petition is probably done, but the change of status cannot even be *filed*, until the priority date is current.

The US Dept of State is in Vermont, but that is not the same as the Vermont Processing Center, btw.

 

[AnitaPinnalawatta]

clayheart

Its a very confusing US immigration system?
I applied for Canadian immigration from CHC London in March 2006. It may be coming closer. How is your case going through? When do you thing I should start hearing something from CHC London?

Thanks
Ani