American Citizen with Canadian PR wanting to sponsor Canadian citizen spouse to come to the U.S.

[enfitzs 0]

I am trying to move back into the U.S. and bring my husband who is a Canadian citizen with me. I have lived in Canada since November 2014. He has lived in Canada his entire life. I am a U.S. citizen.

Since I am in Canada I do not have any U.S. income. My legal address in the states (for years before I moved) is at my grandparent's house where I used to live. They have agreed to help me meet the income requirement to sponsor him.

My questions about the sponsorship are:

1. Are my grandparents are able to help me meet the income requirement because they are in my household?

2. Do I need to be present in the U.S. to sponsor him with the help of my grandparents?

3. Am I able to live with him and work in Canada while this is processing?

4. What info do I need to provide for income from me and my grandparents?

5. Anything special I need to do about the affidavit?

I took a look at I-130, I-485, and I-864 but they are very confusing to me.

Questions about the forms:

1. Do I fill out all three?

2. Are there any other forms that I am missing?

3. What documents does he provide other than Canadian birth certificate, passport, 2 identical photos?

4. Where does he go for a medical exam? Do we do this before or after we submit things?

5. Total cost of filing? And we send the check in with the forms individually, correct?

General questions:

1. How long does consular filing take?

2. Is this a hard process?

3. Can this all be done from Canada?

I saw that it said he will have to go somewhere the USCIS says and get fingerprinted. Will this be in Canada?

I also read he will have an interview in Montreal. Do I go?

Do we need to prove our relationship again like we did when I moved up here? We don't take many pictures but I do have some pics of me and my parents with him. My parents can also right letters and I can get friends to do that as well that's not an issue. But we really don't have many pictures.

I have done a ton of research but I am still very lost, nervous, and confused. This is a lot tougher than dealing with the CIC's forms when I immigrated to Canada.

[NikLR 13,234]

I am trying to move back into the U.S. and bring my husband who is a Canadian citizen with me. I have lived in Canada since November 2014. He has lived in Canada his entire life. I am a U.S. citizen.

Since I am in Canada I do not have any U.S. income. My legal address in the states (for years before I moved) is at my grandparent's house where I used to live. They have agreed to help me meet the income requirement to sponsor him.

My questions about the sponsorship are:

1. Are my grandparents are able to help me meet the income requirement because they are in my household?

- They don't need to be a part of your house hold to sponsor. A joint sponsor can be any USC or LPR who is domiciled in the USA who make over the poverty guidelines through income and/or assets.

2. Do I need to be present in the U.S. to sponsor him with the help of my grandparents?

- Not really, but yes. Montreal is quite strict on domicile. Very few have gotten through the interview without the USC already living in the USA.

3. Am I able to live with him and work in Canada while this is processing?

- Yes - to a point.

4. What info do I need to provide for income from me and my grandparents?

- Read the I-864 instructions, wiki's on here, and NVC website

5. Anything special I need to do about the affidavit?

- Not really. I assume you've been filing US tax returns?

I took a look at I-130, I-485, and I-864 but they are very confusing to me.

Questions about the forms:

1. Do I fill out all three? - No just the I-130, G-1145, G-325A x2, plus all documents for those forms to start. The I-864 will be sent to the NVC. The I-485 is for someone who is already inside the USA to adjust their status. Doesn't apply to you.

2. Are there any other forms that I am missing? - DS-261, DS-260 (which is the visa application.)

3. What documents does he provide other than Canadian birth certificate, passport, 2 identical photos? - Check the guides and NVC website.

4. Where does he go for a medical exam? Do we do this before or after we submit things? - After the interview is booked by the NVC. Again read the guides.

5. Total cost of filing? And we send the check in with the forms individually, correct?

I-130 - $420

DS-260 - $325 (IV fee)

I-864 - $120 (AOS fee)

Medical - about $300

Police certificate - $50+

Immigrant fee - $165 (only payable after visa is received.)

Note: All fees are in US funds. Only the I-130 is payable by money order or check from a US bank account. The rest are paid online, also from a US bank account. Medical may or may not accept credit or debit cards. I used cash. Police certificate from Canada obviously is CDN$$

Read these guides:

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

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

http://www.visajourney.com/wiki/index.php/NVC_for_Montreal_Beneficiaries_%E2%80%93_Electronic_Processing_and_New_Online_Forms

General questions:

1. How long does consular filing take?

- Approximately 1 year give or take.

2. Is this a hard process?

- Not if you don't have red flags. If the Canadian citizen doesn't have any kind of criminal record, or isn't originally from a high fraud country.

3. Can this all be done from Canada?

- Ish* You have to send the forms etc to the USA. The interview will take place in Montreal. The medical must take place a panel physician in Canada.

I saw that it said he will have to go somewhere the USCIS says and get fingerprinted. Will this be in Canada? - At the interview

I also read he will have an interview in Montreal. Do I go? - No you do not have to go. The interview is for the foreign beneficiary. But you can go.

Do we need to prove our relationship again like we did when I moved up here? We don't take many pictures but I do have some pics of me and my parents with him. My parents can also right letters and I can get friends to do that as well that's not an issue. But we really don't have many pictures. - Yes you do. Mostly what the USCIS and CO want to see is time spent together and financial co-mingling. Because you live together you should things like rental agreements or leases together, bills together etc.. Affidavits from friends and family are very low on the evidence scale (of course people are going to say nice things...) but photos are decent. It's a low fraud country so the amount of evidence you need is minimal.

I have done a ton of research but I am still very lost, nervous, and confused. This is a lot tougher than dealing with the CIC's forms when I immigrated to Canada.

answers in red.

Edited June 14, 2016 by NLR

[enfitzs 0]

answers in red.

I have not been filing US tax returns because up here HR Block said I didn't need to since my US income was less than $10,000. Will that be a problem?

I still have a bank account and a valid Pennsylvania drivers license. I wonder if that's enough to prove we're going to move there? Any advice on what else to do to prove that we will move?

I haven't worked in the US since 2014 and even then I barely made any money. Are they going to deny us because I have no income?

Edited June 14, 2016 by enfitzs

[NikLR 13,234]

Yes, if you made under the threshold to file, then you don't need to file.

No that's not enough. Read the Canada forum about domicile.

If you don't have a joint sponsor that qualifies then they will issue a 221g until you either have enough income, assets, or a joint sponsor who qualifies.

I have not been filing US tax returns because up here HR Block said I didn't need to since my US income was less than $10,000. Will that be a problem?

I still have a bank account and a valid Pennsylvania drivers license. I wonder if that's enough to prove we're going to move there? Any advice on what else to do to prove that we will move?

I haven't worked in the US since 2014 and even then I barely made any money. Are they going to deny us because I have no income?

[enfitzs 0]

Yes, if you made under the threshold to file, then you don't need to file.

No that's not enough. Read the Canada forum about domicile.

If you don't have a joint sponsor that qualifies then they will issue a 221g until you either have enough income, assets, or a joint sponsor who qualifies.

Thank you so much for taking the time to respond. If I have to enter the U.S. for a while I can, that is not a problem. Just trying to save as much money as possible by still working up here, but I can work down there too if need be (obviously don't want to be apart from spouse but you gotta do what you gotta do right)

[newacct 688]

I have not been filing US tax returns because up here HR Block said I didn't need to since my US income was less than $10,000. Will that be a problem?

It's not your "US income" that matters. It's your worldwide income that matters. If your worldwide income is above a certain level (about $20k for Married Filing Jointly), you are required to file US tax returns.

[enfitzs 0]

It's not your "US income" that matters. It's your worldwide income that matters. If your worldwide income is above a certain level (about $20k for Married Filing Jointly), you are required to file US tax returns.

Okay, thanks. I think we were under that for the 2015 return, but I'll take a look at the one we did up here.

[NikLR 13,234]

Ah missed that us income part, thanks newacct. Yeah if you made over the threshold to file worldwide you have to do a US return. But you can exclude your foreign income with form 2555 so youre not double taxed.

[NikLR 13,234]

Before taxes income