Does US citizen need to live in US with spouse for spouse to file for green card?

[lilt 0]

I am a Canadian citizen, married to a US citizen. My husband and I married in Canada, and have been living here for 14 years.

Next year we are moving to the US and I would like to obtain my green card before we leave, as I have heard that it is quicker to obtain using the consular process abroad.

I would like to know if it is even possible for my husband to file the I-130 while we are both still living in Canada. I took a look at the I-130 form and the questions appear to assume that the US citizen that is filing has a US address and is living in the US at the time of filing.

Please advise. And thank you, in advance.

[hikergirl 277]

Here is a link to the Canada Regional Forum: http://www.visajourney.com/forums/forum/93-canada/ At the top is a thread on Proving Domicile when not living in the US.

Here are the guides for the I-130 process: http://www.visajourney.com/content/i130guide1

Ignore anything you see on DCF (direct consular filing) as it is not available in Canada.

Good luck in your journey.

[Penguin_ie 5,997]

** Moving from Waivers to CR-1 spousal visa forum *****

Yes, you can file from abroad. Your main issue will be to a) Prove your husband will move back. and b) affidavit of support- ie how your US husband will support you when moving to the USA.

[jaycali 415]

Your husband can file for you from Canada, and you can apply for an IR-1 visa as long as you both plan to establish domicile in the US. It is not a requirement that he currently lives in the US. This being said, there will be a US income requirement before you actually apply for the visa. If your husband is still living with you in Canada at that time, you may use a co-sponsor. Look at hikergirl's links. She gave you some excellent reading.

Edited November 30, 2012 by Jay Jay