want to travel/before or after...

[kittyandpipit 0]

My us husband is in Canada with me, his six months are up, but we applied for a year extension, he's on implied status till we find out about his extension in December!

We meet in Oct 2012, I was denied entry to us in Feb 2012 (cuz they thought I was planning on staying/working) he came here the following may, we married in June, and began to collect for Canadian immigration....but now we want to go back to Hawaii!!!

We would also like to take an extended vacation, so my questions are....

1. Should we start cr1 process now while he's here, or while we are traveling...

2. He has 50, 000 trust fund, do we still need a Co sponsor...

3. If he's not in the country should I get his farther to sponsor me?

4. I know if we travel there's a risk he can't get back into Canada...is there a process to go to the US after being denied entry or do I just bring lease, job info, ties to Canada to airport and give it a shot.

Thanks for any help!

[Mark88 184]

1. Should we start cr1 process now while he's here, or while we are traveling...

Start as early as possible, since it will take anywhere from 6-12 months or longer.

2. He has 50, 000 trust fund, do we still need a Co sponsor...

If just using assets, and no income, his (or/and your assets count too) will have to equal 5x the amount stated over the USCIS poverty guide lines. This will be about US$100K. See here:

What Cash Value of Assets is Needed?

http://travel.state.gov/visa/immigrants/info/info_3183.html

3. If he's not in the country should I get his farther to sponsor me?

Any LPR or USC residing in the US can sponsor you, especially if you both don't meet the requirements.

4. I know if we travel there's a risk he can't get back into Canada...is there a process to go to the US after being denied entry or do I just bring lease, job info, ties to Canada to airport and give it a shot.

You can try, but you are most likely flagged in the system and require a B-2 visa for any future visits to US (unless you complete the CR-1 process and have a green card). But be prepared to be denied entry again.

Thanks for any help!

You're welcome

Edited October 20, 2013 by Mark88

[kittyandpipit 0]

Thank you!

Can we start the process while he's in Canada and get his father to cosign? Or can he use his job he will be working at when he and me can return to us?

What visa would I get if it was his family to sponsor me?

Double thanks!!

[Mark88 184]

You can start whenever. It doesn't matter if he's in the US or not (if applying for a Canadian spouse who lives in Canada). The visa will be a same if he or his family sponsors you (a CR-1 which leads to a green card).

[dwheels76 5,484]

Thank you!

Can we start the process while he's in Canada and get his father to cosign? Or can he use his job he will be working at when he and me can return to us?

What visa would I get if it was his family to sponsor me?

Double thanks!!

The co-sponsor paperwork Go read about the I-864 Affidavit of support) is much latter. That doesn't go with your I-130 initial filing. There's no co-signing involved.

Go read about I-130 filing and read in your forums evidence to gather to prove bonafide relationship (shouldn't be t hard since you guys live together and Canada doesn't require too much). His part will be the proof of domicile though that also he will need to show when he send s in I-1864.

What if I (the petitioner) live with my spouse in their foreign country? Do I need to include anything in either package?

You'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 3 and 4) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable of course, to prove that you have, or will re-establish, domicile in the US):

NAME

SOCIAL SECURITY NUMBER

FORM I-1864

No. 15 Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principle residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________

NAME

Thanks to VJ member lemayz for this suggestion!