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macnine13

US Born Citizen living in Canada wanting to return to US with non-citizen family

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If you want your whole family to move mostly together, getting a joint sponsor by the NVC stage would be advisable.


The link you posted of the other forum discussion looks to state you can prove domicile from outside of the US as long as you can prove intent to move. That's helpful to know.

The burden of proof of intent to move for a USC who's spouse is interviewing in Montreal is quite high. In some countries, you can have a letter from a family member stating you'll live with them and a bank account set up. Montreal will not accept that.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: Country: Canada
Timeline

What is your sense of rough timeline between approval of petition and NVC starting? USCIS said it's around 5 months for petition approval but i've already seen some quick turnarounds on this site. I'm just trying to get a sense if there is a wait in between petition and being able to start the NVC process.

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Also, is the burden of proof around things like bank accounts and car insurance, etc still high if we have a joint sponsor? Or does the joint sponsor sort of deal with this whole issue we are talking about?

The joint sponsor only takes care of the poverty guidelines requirements. In no way, shape, or form, does it help with domicile.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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What is your sense of rough timeline between approval of petition and NVC starting? USCIS said it's around 5 months for petition approval but i've already seen some quick turnarounds on this site. I'm just trying to get a sense if there is a wait in between petition and being able to start the NVC process.

Depends if you get the unofficial auto expedite or not. It's been happening less recently. It's between 4-6 months generally for a petition.

You can take as much time as you need at the NVC stage as long as you keep in contact with them once per year. You could realistically drag the process out for several years by submitting fees and forms overtime.

The one benefit a Canadian beneficiary has is electronic processing at the NVC stage. All the documents can emailed instead of physically mailed to the NVC. This generally cuts down on the time, if you're looking to go fast, significantly.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: Country: Canada
Timeline

Unofficial auto expedite? Do you apply for that?

How fast can the NVC process go if you want to do it more quickly? You said 2-10 weeks. Is that immediately after learning of petition approval? And is that 2-10 weeks from getting pre processing notification to the interview being scheduled?

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You don't. Its unofficial and occasionally granted to petitioners living outside the USA.

No 2-10 weeks is if you don't prove domicile the US Consulate in Montreal and have to send the consulate more documents. This would be AFTER the interview., Which would mean that the NVC stage is finished.

I'm unsure how fast you can get through the NVC right now from case numbers to case complete. I haven't paid attention to the NVC filers threads in over a year.

Here take a look at this guide for a basic overview of the steps. Once you understand where each step is I hope what I'm saying will make more sense.

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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1) petition 4-6 months (or more)

- NOA1

-(RFE?)

- NOA2

2) NVC - 20-?? days

- case numbers

- DS-261

- AOS Fee

- AOS and IV document submission

- IV fee

- DS-260

-(checklists?)

- Case complete

- Interview letter (P4)

3) US Consulate - approx 1 month after P4

- Visa return sign up

- Medical

- Interview

-(extra documents?)

- Visa

- Immigrant fee (can be paid after POE)

4) POE - must do within 6 months of the medical. Visa expires 6 months from medical completion.

- SSN

- Green card

Happily ever after. :D

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Anything in brackets may be something you need that another person doesn't or vice versa. Not everyone gets an RFE or checklist etc...

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: Country: Canada
Timeline

One thing I'm still struggling with is if my parents sponsor us, why is it so important to prove domicile? Obviously we are moving there otherwise we wouldn't be going through all this trouble. I lived there for 28 years. My parents and family live there. What does it matter if i have a bank account before I go, and my kids signed up for school, or even a job. I'd rather get everything done and then use the 6 months post visa approval to determine when we go based on work, etc.

Is there anywhere else to read on this topic?

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