I-130 Address and Domicile Question

[engbeyer 0]

I’m living in Canada with my wife, and we are in the process of filling out and sending Form I-130. I’m an American citizen, and have lived with my spouse in Toronto at the same address since 2011 - first on student visas and then on work permits. Both of our work permits expire in 2017.

I continue to vote in the US, have transferred money from my Canadian bank accounts to US accounts, have paid my federal taxes, have printed email correspondence with moving services and US auto insurers, was just accepted into an online grad program at Penn State, and my parent’s have written affidavits giving written permission that my partner and I are welcome to stay at their home in Wisconsin for as long as we need.

When I fill out I-130, should I still put my Canadian address I am currently living at? I guess my only other option is to put my parent’s address in Wisconsin, but I’m confused about whether or not putting a Canadian address will immediately disqualify my application. If I do list my Canadian address, should I include a letter that explains my intent to maintain domicile in the United States, and include all my supporting documents and evidence? Or do I ONLY need to include this information when I submit the I-864, after my petition has been approved?

Do they even care that I put a Canadian address on the I-130, or is this phase of the process only meant to inform the US government of my intent to help my spouse immigrate to the US?

And then the I-864 phase, I must provide sufficient evidence?

Thank you so, so much for your help!

[NikLR 13,220]

Definitely send from Canada. The issue of domicile is decided at interview which would be months from now. In no way would your petition be rejected because it's coming from outside the USA. Many people live with their spouses abroad because it may be easier to do so.

The I-130 is the petition from the USC to ask for the permission for their family member to apply for a visa.

The I-864 is where you submit evidence that you can support your spouse in the USA so they dont become a public charge. You also submit evidence that you are reestablishing domicile, aka a home, in the USA. Finally at the interview, in Montreal for Canada, the decision is made on the I-864 form and evidence about both income/assets and domicile. Montreal is very strict on domicile and most on VJ find they need a home and a job in the USA before domicile is satisfied for the CO. It's best to do this before interview because after interview the consulate can take an unknown and long period of time to decide you've satisfied their requirements.

[NikLR 13,220]

I take it from your first post that your wife is not a Canadian citizen? Can I ask what country she is from? It's good that she will have a work visa for the next year but this process can take a year in which case if her woek visa expires, she cant interview in Canada.

[engbeyer 0]

Thanks for all your help! Yes, my wife is from China. Actually her work permit in Canada doesn’t expire until June of 2018 -- I got it wrong in my first post.