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-   -   Big Confusion (https://www.askmehelpdesk.com/showthread.php?t=602549)

  • Oct 10, 2011, 09:51 AM
    vishpatel
    Big Confusion
    I am an international student studying in Canada since 4 months.
    My fianc?(C)e lives in USA and she is a green card holder.
    We are going to marry in December.
    After marriage she will put my petition file to come USA.

    My question is that after she put the file of petition, do I need to go back to my home country to attend interview to US consulate Or I can able to do the process in canada?

    Please... help me
  • Oct 10, 2011, 06:27 PM
    NYcityboy
    You would apply for the immigrant visa at a US consulate, if you are lawfully in Canada, you should be able to apply at the US consulate in Canada.

    The FB-2A category priority date is currently at January 2009, so you will have about 3 years to wait, after you marry and after she files, which sets your priority date.
  • Oct 10, 2011, 09:47 PM
    vishpatel
    Thank you sir,

    But I heard that it witll take only 9 months only to get visa for USA.

    Is it true??
  • Oct 11, 2011, 05:57 AM
    NYcityboy
    Yes, that is about the standard processing time, after you apply for the immigrant visa, which you can only do when your priority date is current.
  • Oct 11, 2011, 07:33 AM
    vishpatel
    Could you tell me the highlighted process of that?

    Where she has to put the file??
    From USA or From my home country?

    Any useful points you may know that to share with me, please do it.


    Regards

    Stay blessed
  • Oct 11, 2011, 09:07 AM
    NYcityboy
    It's a 3 step process.

    1. after you get married, she files the relative petition for you as an FB-2A (spouse of an LPR). Its Form I-130 (and several other forms). This filing creates your priority date, (your place in line for an immigrant visa). It should be approved and then the USCIS will notify the National Visa Center (NVC) which will forward to the US consulate noted on the petition.

    2. check the US DOS visa bulletin regularly and when your priority date is current, you will file for the immigrant visa at your home consulate or possibly in Canada if you are there lawfully and they accept TCN's. You go for the interview, bring medical exam, etc. Get the immigrant visa issued.

    3. Enter the US with the IV, and the CBP officer at the port of entry will annotate your passport with "temporary evidence of I-551 processing." the I-551 is your green card. Should be approved for a 10-year card.

    Hope this was helpful, Good luck.

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