Canadians please help!

[sanchez411 0]

My wife is an American citizen (and a Canadian PR) and I'm a Canadian citizen. Although we were married in the US in 2007, we moved straight to Canada where I live and work. We would now like to move to the US and start fresh.

We would like to apply for my Green card while we are both here in Canada. My question: is the only form my wife needs to complete and send is the I-130??

Are there any other forms my wife will need to complete and send in order for me to obtain a green card? Is there any way to expedite the process as from what I understand, the waiting times for Canadians is approximately 1 year.

Thank you!

[sanchez411 0]

Note*

As my wife has lived here in Canada for the past 7 years, she has no recent US tax returns. Will that be an issue?

[li_09 40]

There's a lot more needed than just that one form. I suggest you study the guides, it'll help you get a better grasp of things. Will your wife be okay proving domicile in the u.s which is one of the requirements if the USC is filing from abroad?

There is expedite available but you'll need a good reason

[sanchez411 0]

There's a lot more needed than just that one form. I suggest you study the guides, it'll help you get a better grasp of things. Will your wife be okay proving domicile in the u.s which is one of the requirements if the USC is filing from abroad?

There is expedite available but you'll need a good reason

Thanks for your response. Had a look at some of the guides and now I'm really confused. Can anyone suggest a link for the steps to require a green card for my particular circumstance? I did have a look here and it confused me further.

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

And not sure which route I should follow.

Any help is much appreciated.

Edited March 30, 2014 by sanchez411

[Ryan H 3,796]

You and your wife need to carefully read the instructions for the I-130.

Also look through this guide: http://www.visajourney.com/content/i130guide1

Your wife will also have an issue with domicile, look through this thread for more information: http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Edited March 30, 2014 by Ryan H

[mtlguy 59]

1- have your wife file the I-130 petition to kick start the process

2- make sure she back files all the tax returns with IRS for the years she didn't. she needs to contact the IRS to find out if there are any penalties involved. unlike Canadians, US citizens ARE required to file tax returns with the IRS even if they are not residing in the US.

3- once the I-130 gets approved, you'll then apply for the immigration visa.

4- as pointed out, your wife will need to re-establish domicile in the US. meaning, she will most probably have to move there ahead of you (get a job, lease an apt, etc...) to show, in good faith, that she's returning home.

[sanchez411 0]

1- have your wife file the I-130 petition to kick start the process

2- make sure she back files all the tax returns with IRS for the years she didn't. she needs to contact the IRS to find out if there are any penalties involved. unlike Canadians, US citizens ARE required to file tax returns with the IRS even if they are not residing in the US.

3- once the I-130 gets approved, you'll then apply for the immigration visa.

4- as pointed out, your wife will need to re-establish domicile in the US. meaning, she will most probably have to move there ahead of you (get a job, lease an apt, etc...) to show, in good faith, that she's returning home.

Thank you MTLGUY,

As her income was ZERO for the past 7 years since she has been leaving with me in CAN, is she still required to fill her taxes in the US?

We have a special needs child and her living in the US without me for a few months will be very difficult. We do have a US bank account here with over $225K that we are hoping to use as proof in moving to the US.

Edited March 30, 2014 by sanchez411

[mtlguy 59]

Thank you MTLGUY,

As her income was ZERO for the past 7 years since she has been leaving with me in CAN, is she still required to fill her taxes in the US?

We have a special needs child and her living in the US without me for a few months will be very difficult. We do have a US bank account here with over $225K that we are hoping to use as proof in moving to the US.

Unfortunately, having a bank account only is not enough proof to establish the intent of moving back to the US; which makes total sense from the point of view of a Consular Officer: lots of foreign nationals can open a US based bank account, deposit money in it, and call it a day. That doesn't mean they have the intention to move there. so the same logic applies for the US citizens who happen to be residing outside the US for a while.

If you have a special needs child, it's up to you guys to prove that it will be a hardship for your wife to move back all by herself (with or without the child). what you're looking at is to try and expedite the process. it's "doable" but from what I've researched, it's highly unlikely they will grant it.

Their definition of "hardship" is vague at best.

[Harpa Timsah 13,258]

Regarding domicile, you can also establish "intent to reestablish domicile." That would not involve being separated, but rather making concrete and specific arrangements for moving. That might include, getting an apartment lease for a future date, enrolling a child in school or making plans to do so, or getting a job offer or maybe just attending interviews. There is a pinned thread about various strategies in the Canada subforum.

You cash should be sufficient for the affidavit of support.

The I-130 is just the first step in the process, there will be more things later. The "guide1" linked above is the correct one.

[sanchez411 0]

Unfortunately, having a bank account only is not enough proof to establish the intent of moving back to the US; which makes total sense from the point of view of a Consular Officer: lots of foreign nationals can open a US based bank account, deposit money in it, and call it a day. That doesn't mean they have the intention to move there. so the same logic applies for the US citizens who happen to be residing outside the US for a while.

If you have a special needs child, it's up to you guys to prove that it will be a hardship for your wife to move back all by herself (with or without the child). what you're looking at is to try and expedite the process. it's "doable" but from what I've researched, it's highly unlikely they will grant it.

Their definition of "hardship" is vague at best.

Thanks,

From what I've researched, if you have no income then you do not have to file taxes with IRS and this is the case with my wife as she has lived with me here in Canada for the past 7 years and has not worked.

In terms of proving domicile in the US, I don't see the point of getting started on that process started at this point as it will take a year (at the very least) before I receive a green card. At what point do they ask to prove domicile? I would find it hard to imagine that it would be 6 months+ before the app is approved. I would hope they would ask us to prove when it's getting closer to the end and not so early in the process. It doesn't make sense to sign up for a lease or buy a house a year in advance.

Any thoughts on this as well?

Thanks,

Edited March 30, 2014 by sanchez411

[Lakehouse 293]

All of the above advice is very good! Be sure to read those links provided.

The issue of domicile is important in the 2nd stage, ie the NVC stage after you get the I-130 approval. So you do have some time before needing that proof. However you should be actively starting to decide exactly what proofs you can obtain and how you will obtain it, as nothing ever happens as easily as hoped

We chose to have my husband move back to the US and although we're apart, we won't have to deal with proving 'intent' to re-establish which is much more difficult. I realize that's not really an option for you, so search this thread and follow those links as already mentioned.

Oh, and I'm not sure about the taxes. My husband filed even though he didn't make any substantial money (0-1000) in the years he was here in Canada obtaining his PR.

And good luck!

[sanchez411 0]

All of the above advice is very good! Be sure to read those links provided.

The issue of domicile is important in the 2nd stage, ie the NVC stage after you get the I-130 approval. So you do have some time before needing that proof. However you should be actively starting to decide exactly what proofs you can obtain and how you will obtain it, as nothing ever happens as easily as hoped

We chose to have my husband move back to the US and although we're apart, we won't have to deal with proving 'intent' to re-establish which is much more difficult. I realize that's not really an option for you, so search this thread and follow those links as already mentioned.

Oh, and I'm not sure about the taxes. My husband filed even though he didn't make any substantial money (0-1000) in the years he was here in Canada obtaining his PR.

And good luck!

Thank you everyone for your replies thus far. Your assistance is much appreciated!

I'm in the process of filing the I-130 but as per the guide: http://www.visajourney.com/content/i130guide1

I will also have to send out the G-325A.

I haven't seen any mention of anyone sending out the G-325A as well. Is that a requirement? Is there any advantage to sending it out along with the I-130?

Thanks,

[Lakehouse 293]

Be sure to read the instructions of the forms you fill out, as yes, the G325A is a requirement when sending in the I-130. (One for each of you).

Here's your link for the form and instructions:

http://www.uscis.gov/i-130

Edited March 31, 2014 by Lakehouse

[NikLR 13,220]

The instructions for the I-130 clearly state each of you must send a G-325a and a recent passport style photograph along with evidence of an ongoing genuine relationship. Please thoroughly read the instructions so you don't end up making mistakes. As you've lived in Canada for the last 7 years together it shouldn't be hard to prove joint bank accounts, living at the same address, joint insurance or joint mortgage or leases. Remember to send photocopies of your documents, not originals with the I-130 package.

Also you'll need a US check or money order to pay for the petition fees, but most Canadian banks can make a US money order.

The issue of domicile for Montreal (yes, that is the ONLY place you can have your interview in Canada for an IR1 visa) is a major one so don't take it lightly.

[sanchez411 0]

Be sure to read the instructions of the forms you fill out, as yes, the G325A is a requirement when sending in the I-130. (One for each of you).

Here's your link for the form and instructions:

http://www.uscis.gov/i-130

I was just about to delete my post. Yes, I understand that the G325A is a requirement...sorry about that.

I noticed that it has been almost a year for you in terms of your application. Any reason why it's taking this long? I was under the impression it should be one and done within 10 months of submitting from Canada.

In the instructions with regards to the cheque/money order:

:

1.

The check or money order must be drawn on a bank or

other financial institution located in the United States and

must be payable in U.S. currency;

First of all, does it really have to be drawn from an instituion located in the US as stated in the I-130 instructions? If not, do I have to send a money order/draft or will a personal cheque in American funds be sufficient?

Thanks,

Edited March 31, 2014 by sanchez411