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Relocating a family from Canada to US

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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:




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?

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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 by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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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 by Jessica1972

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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.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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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.


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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