Relocating a family from Canada to US

[nickVJ 0]

I'm looking to collect some information on how to relocate my family from Ontario to California.

• My wife is an american citizen (born in Mass.)
  
• My wife has permanent residence status in Canada and has been living here for 10 years.
  
• We've been married 11 years.
  
• I am a Canadian citizen (born in Ont.)
  
• Our children have dual citizenship.
  
• My income is greater than hers and she alone would not qualify to file I-864.
  
• We all currently live in Ontario.
  

It looks like our best option is to file for an IR-1 similar to this guide:

http://www.visajourney.com/content/i130guide1

We would however like to move together vs. separate. Would this be achievable through direct consular filing?

With regards to I-864, what are our options? Joint sponsor?

[Ryan H 3,790]

We would however like to move together vs. separate. Would this be achievable through direct consular filing?

Direct consular filing is unavailable in Canada and other VJ members very familiar with Canada have posted time and again that consular personnel at the US Consulate in Montreal are very strict on domicile with regards to the US Citizen.

With regards to I-864, what are our options? Joint sponsor?

Joint Sponsor is your only option unless there is a sufficient amount of assets (refer to the I-864 instructions when using assets to qualify); your wife will still have to complete and submit an I-864.

Edited May 21, 2013 by Ryan H

[Jessica1972 0]

Direct consular filing is unavailable in Canada and other VJ members very familiar with Canada have posted time and again that consular personnel at the US Consulate in Montreal are very strict on domicile with regards to the US Citizen.

Joint Sponsor is your only option (your wife will still have to complete and submit an I-864).

Hi,

As I understood, you can also meet the financial requirements with cash (125% of poverty level x 3) in which case you wouldn't need a joint sponsor. We're in a similar position although I will move to California a month ahead of my husband.

Edited May 21, 2013 by Jessica1972

[Ryan H 3,790]

Hi,

As I understood, you can also meet the financial requirements with cash (125% of poverty level x 3) in which case you wouldn't need a joint sponsor. We're in a similar position although I will move to California a month ahead of my husband.

You are correct (however, "assets" is the proper term, not "cash").

I forgot about using assets to qualify when I posted earlier and I amended my earlier post accordingly.

[NikLR 13,220]

Your wife will need to show her intention to establish domicile in the USA. There are good ideas in the Canada forum (an entire thread is dedicated to domicile requirements.). This may mean that she and the children move ahead of you and start school next year in the USA. Having a home, children in school and a job are the major things that can prove you've established domicile in the USA. Even if they go ahead of you, there are banks that have both USA and Canadian branches that allow you to transfer money back and forth and you can definitely visit as long as you show ties to Canada.

Best of luck to you and your family.