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Filed: Other Country: Canada
Timeline

I am extremely confused by a number of things and was wondering if anyone had any insight onto what I need to do in my particular situation. I am Canadian and my husband is American.

My spouse came to Canada in 2012 and we married and filed for his Canadian permanent residency. He received his canadian permanent resident status in October of 2013.

We are now unsure we want to be living in Canada as, work-wise, for what he and I do, it is limiting.

Given that he now has permanent residency in Canada and is living with me in Canada, can he still sponsor me for a US green card?

Also since he has been in Canada for these past few years, he has not had to file any US tax stuff as he has earned nothing there and I have been supporting him in Canada. How do we get around this?

I am so confused and reading a lot of contradictory information about this entire process and feel so defeated. Please help!

Thank you!

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Filed: Citizen (apr) Country: Canada
Timeline

Yes, your husband can sponsor you to the US. He should file his US tax returns even if he doesn't owe anything or pay any taxes as US citizens are supposed to file returns regardless of where they live. As he has no income, it won't cause him any problems. The main issues you will face are: 1) finding a joint sponsor who will complete and sign the Financial affidavit of support that is a requirement of immigrating to the US since your husband does not have US income to do this on his own, and b) proving or re-establishing US domicile. The process otherwise is the same CR-1/IR-1 process that would be used if he were still physically resident in the US. There is a great link in the Canada Regional Forum about how to prove domicile - as well as a lot of other Canadian-American couples, many of whom have gone through the experience you are now considering. Here is a link to the forum - the domicile topic is the first thread pinned at the top: http://www.visajourney.com/forums/forum/93-canada/

The process can be very confusing, and it will be more challenging that your sponsorship of him to Canada but it is doable and you should be able to find a lot of the answers you are looking for here with our members.

welcome to Visa Journey :) .

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Filed: Other Country: Canada
Timeline

Yes, your husband can sponsor you to the US. He should file his US tax returns even if he doesn't owe anything or pay any taxes as US citizens are supposed to file returns regardless of where they live. As he has no income, it won't cause him any problems. The main issues you will face are: 1) finding a joint sponsor who will complete and sign the Financial affidavit of support that is a requirement of immigrating to the US since your husband does not have US income to do this on his own, and b) proving or re-establishing US domicile. The process otherwise is the same CR-1/IR-1 process that would be used if he were still physically resident in the US. There is a great link in the Canada Regional Forum about how to prove domicile - as well as a lot of other Canadian-American couples, many of whom have gone through the experience you are now considering. Here is a link to the forum - the domicile topic is the first thread pinned at the top: http://www.visajourney.com/forums/forum/93-canada/

The process can be very confusing, and it will be more challenging that your sponsorship of him to Canada but it is doable and you should be able to find a lot of the answers you are looking for here with our members.

welcome to Visa Journey :) .

Thank you so much!

His parents have offered to co-sponsor and he has mail and such sent to their address (where he used to live). We do not intend to move to the same state as where they are living in the long run. Is this a problem for co-sponsoring?

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Thank you so much!

His parents have offered to co-sponsor and he has mail and such sent to their address (where he used to live). We do not intend to move to the same state as where they are living in the long run. Is this a problem for co-sponsoring?

As far as co-sponsoring that is not a problem. As long as they are a citizen or resident who lives in the US and has the required income, they can co sponsor :)

s-event.png s-event.png
IR-1/CR-1 Visa : National Benefits Center NVC Received: 2014-01-08
Consulate : Montreal, Canada NVC Case Number: 2014-02-07
Marriage : 2013-02-22 Paid I-864 Bill: 2014-02-13
I-130 Sent : 2013-03-16 Sent I-864 Docs: 2014-02-14
I-130 NOA1 : 2013-03-20 Paid IV Bill: 2014-03-03
Trans. to NSC : 2013-11-05 Sent IV Docs: 2014-03-04
I-130 NOA2: 2013-12-16 Submitted DS-260: 2014-03-06

Case Complete 2014-03-21

Interview & APPROVED 2014-05-08

POE 2014-06-21

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