Need Help with My Situation in Canada (merged)

[Lee & Lei 42]

From cursory reading I've done in that domicile thread and elsewhere on here, I believe the embassy will want to see a resignation letter from your wife's current position, an offer letter for a job in the US or a letter of acceptance from a university in the US, and a signed lease agreement for an apartment in the US. Sometimes they only need one of these pieces of evidence, but it depends on the CO you get. 

 

Also, NONE of your wife's current income can be used to satiate the income requirements because the assumption is that she will leave her job and return to the US. Therefore, you will need a co-sponsor or sufficient assets to cover the requirement. 

[payxibka 10,044]

3 minutes ago, Sonata Arctica said:

Thanks. I wasnt sure how to do it.

 

Thanks. A few more questions:

 

1. Can her mom be a joint sponsor and use her dad's income as well since they both live together in the US?

2. What household family size does my mother-in-law need to use to do the calculation?

3. So cash, even though it is the same as income (which is counted on its own without the multiplier) needs to be multiplied to offset the difference? I dont get it.

4. Other than what my wife has already one, what else can she do to show re-establishment of domicile?

5. How can a job offer letter be obtained before the interview, when one doesnt even know how long it takes to complete the process after the interview? Assume the interview is in December in Montreal. Does she need to have a job offer letter before the interview or by the time we move? And who is to say when the move is going to be after the interview? I dont know what employers would give you an offer letter for a job that is a few months into the future.

1) No combining income's

2) 4

3) Cash is NOT income

5) She does not have to wait in Canada for you.  She can go ahead of you if a job offer comes 

[Sonata Arctica 2]

2 minutes ago, payxibka said:

1) No combining income's

2) 4

3) Cash is NOT income

5) She does not have to wait in Canada for you.  She can go ahead of you if a job offer comes 

If my in-laws live together, their combined incomes can be used, from what I have read, or am I wrong? If we need them to combine incomes, do they both need to submit I-864s or she submits I-864 and her husband submits an I-864A?

 

What about re-establishment of domicile? Resignation letter wont be an issue, but why would she resign until just before we move? What confuses me is the timelines for different things. All this I-864 stuff has to be done BEFORE the interview, from what I have understood. But then there could be a few months between the interview and the actual move. How does that make sense or work?

 

 

[jle2234 68]

You have a very similar situation to the one my husband and I had. My husband and I were married in Canada in 2013, and lived there for several years. In 2016, we decided to move to the U.S., and began the immigration process at that time.

 

Regarding domicile:

 

Canada is in a unique position due to its close proximity to the United States. For example, you can drive to New York State from my hometown in about 15-20 minutes. Thus, it would be very easy for a U.S. citizen and their spouse to claim they will be residing in the U.S., but actually remain in Canada, and obtain a U.S. green card and eventual citizenship fraudulently. In my opinion, this is why it is so imperative for a U.S. citizen returning from Canada to provide strong proof of U.S. domicile.

 

Unfortunately, it may be necessary for your spouse to move to the U.S. ahead of you in order to establish domicile for your immigration. This would mean spending time apart, but you can visit each other during this period. When my husband and I were going through the process, he moved to the U.S. ahead of me to establish domicile, which included leasing an apartment, setting up utilities, and starting a job. I had to stay with my parents during that time, as my husband and I could not afford to maintain two residences. It is a difficult process, but it's temporary.

Edited January 7, 2018 by jle2234
typo

[Boiler 43,619]

The links you have been given would really help you.

 

Job offer is not part of the process, employment contract/ confirmation of earnings is.

[Sonata Arctica 2]

2 minutes ago, jle2234 said:

You have a very similar situation to the one my husband and I had. My husband and I were married in Canada in 2013, and lived there for several years. In 2016, we decided to move to the U.S., and began the immigration process at that time.

 

Regarding domicile:

 

Canada is in a unique position due to its close proximity to the United States. For example, you can drive to New York State from my hometown in about 15-20 minutes. Thus, it would be very easy for a U.S. citizen and their spouse to claim they will be residing in the U.S., but actually remain in Canada, and obtain a U.S. green card and eventual citizenship fraudulently. In my opinion, this is why it is so imperative for a U.S. citizen returning from Canada to provide strong proof of U.S. domicile.

 

Unfortunately, it may be necessary for your spouse to move to the U.S. ahead of you in order to establish domicile for your immigration. This would mean spending time apart, but you can visit each other during this period. When my husband and I were going through the process, he moved to the U.S. ahead of me to establish domicile, which included leasing an apartment, setting up utilities, and starting a job. I had to stay with my parents during that time, as my husband and I could not afford to maintain two residences. It is a difficult process, but it's temporary.

Thank you for your reply. We live in Calgary and I am originally from Toronto. We did live together in Niagara Region for a couple of years before moving to Calgary in 2016, so I know what you mean about proximity.

 

The question is then, WHEN does she need to move back? Before the interview or around that time? And are you saying that there is no way to prove through genuine documents that she intends to move back, unless she actually moves back before me? We are NOT interested in coming back to Canada unless it is to visit my kids in Toronto. But that is probably moot.

[Sonata Arctica 2]

6 minutes ago, Boiler said:

The links you have been given would really help you.

 

Job offer is not part of the process, employment contract/ confirmation of earnings is.

Thanks, Boiler.

 

Can a lease agreement with her parents and signing up for internet there also be used as proof?

 

I have read through that long thread. There are too many opinions and each case is different. We are not going back to school, so that is out. We have bank accounts, credit card bills in the US. She can probably get her US license again, if needed, but we want to do it when we know the interview time.

 

The I-130 was submitted less than 10 days ago. It will probably be around the fall of of this year when we get the interview call. Or is that too soon?

[jle2234 68]

24 minutes ago, Sonata Arctica said:

Thank you for your reply. We live in Calgary and I am originally from Toronto. We did live together in Niagara Region for a couple of years before moving to Calgary in 2016, so I know what you mean about proximity.

 

The question is then, WHEN does she need to move back? Before the interview or around that time? And are you saying that there is no way to prove through genuine documents that she intends to move back, unless she actually moves back before me? We are NOT interested in coming back to Canada unless it is to visit my kids in Toronto. But that is probably moot.

It may be possible to prove that your spouse intends to move back to the U.S. using only genuine documents -- your documentation will just have to be very strong. For example, a letter of offer from an employer, a signed lease beginning on a certain date, etc. In my opinion, the problem isn't that you can't prove your case via documentation... the real issue is that, without knowing a specific date for your visa approval, it is very difficult to receive the necessary documentation to prove domicile without your spouse simply moving to the U.S. ahead of you.

 

You will need to prove domicile at the point where you upload documents to the NVC. For us, that came about two months prior to my interview and immigration. If you wait until you need the documents to reestablish domicile, that will slow your case down (the NVC upload process is very quick if you are prepared and there are no issues). Ideally, you will have collected all of the necessary documentation prior to being able to upload to NVC, and then you will be prepared to upload ASAP.

[Sonata Arctica 2]

5 minutes ago, jle2234 said:

It may be possible to prove that your spouse intends to move back to the U.S. using only genuine documents -- your documentation will just have to be very strong. For example, a letter of offer from an employer, a signed lease beginning on a certain date, etc. In my opinion, the problem isn't that you can't prove your case via documentation... the real issue is that, without knowing a specific date for your visa approval, it is very difficult to receive the necessary documentation to prove domicile without your spouse simply moving to the U.S. ahead of you.

 

You will need to prove domicile at the point where you upload documents to the NVC. For us, that came about two months prior to my interview and immigration. If you wait until you need the documents to reestablish domicile, that will slow your case down (the NVC upload process is very quick if you are prepared and there are no issues). Ideally, you will have collected all of the necessary documentation prior to being able to upload to NVC, and then you will be prepared to upload ASAP.

And that is why I have started asking questions now, to begin collecting all the documentation that might prove domicile. So far, we have joint bank account statements from a US bank, we can get IRS transcripts showing her mailing address to be in the US, and her credit card statements showing the same US address. We can get a signed lease document from her mom for the property we will be renting from her parents, so that isn't a problem either. What else can I get now? The job offer is not possible because we dont know when the interview will be, or when we will move.

 

I dont earn enough on my own in Canada to maintain a residence here in Calgary. If she quits her job here and moves to the US ahead of me, it might put me on the street, because when she moves, she will need to take most everything that is ours, with her. We have two vehicles and cannot sell either one of them. And then there is this stupid thing about medicals - the closest doctor to me, I have read, is in Surrey, BC, which is a good 10 hours drive away from us. And going there in winter is a challenge. The rest are either in Montreal or in Toronto. How the hell do they expect a Canadian who does not live in these cities to get medicals done without paying an arm and a leg in both time and money? Or are there more doctors that I am not aware of?

[payxibka 10,044]

29 minutes ago, Sonata Arctica said:

And that is why I have started asking questions now, to begin collecting all the documentation that might prove domicile. So far, we have joint bank account statements from a US bank, we can get IRS transcripts showing her mailing address to be in the US, and her credit card statements showing the same US address. We can get a signed lease document from her mom for the property we will be renting from her parents, so that isn't a problem either. What else can I get now? The job offer is not possible because we dont know when the interview will be, or when we will move.

 

I dont earn enough on my own in Canada to maintain a residence here in Calgary. If she quits her job here and moves to the US ahead of me, it might put me on the street, because when she moves, she will need to take most everything that is ours, with her. We have two vehicles and cannot sell either one of them. And then there is this stupid thing about medicals - the closest doctor to me, I have read, is in Surrey, BC, which is a good 10 hours drive away from us. And going there in winter is a challenge. The rest are either in Montreal or in Toronto. How the hell do they expect a Canadian who does not live in these cities to get medicals done without paying an arm and a leg in both time and money? Or are there more doctors that I am not aware of?

Your interview will be in Montreal so it doesn't get better

[Sonata Arctica 2]

1 minute ago, payxibka said:

Your interview will be in Montreal so it doesn't get better

Yes that much I knew. But the main issue still remains the financial support from my in-laws and the domicile. We will slowly work on it. Does the household size have to be 4 in our case or 3? My wife won't be a dependent, as she is likely to find a job right away - smaller town and people know her and her family. When you have a joint sponsor, can the joint sponsor use her/his whole household income? My mom and dad-in-law both work. He has higher income than she does. So will it be better to just use him as the joint sponsor?

[payxibka 10,044]

Your registered domicile will be the same as the inlaws so it will be difficult to get around the 4.  What is the income of the inlaws?

[Sonata Arctica 2]

2 minutes ago, payxibka said:

Your registered domicile will be the same as the inlaws so it will be difficult to get around the 4.  What is the income of the inlaws?

It is over $40,000 I think. The cut-off is around $31K for 4 members of the household.

[payxibka 10,044]

Moot issue then

[Lemonslice 4,569]

40 minutes ago, Sonata Arctica said:

And that is why I have started asking questions now, to begin collecting all the documentation that might prove domicile. So far, we have joint bank account statements from a US bank, we can get IRS transcripts showing her mailing address to be in the US, and her credit card statements showing the same US address. We can get a signed lease document from her mom for the property we will be renting from her parents, so that isn't a problem either. What else can I get now? The job offer is not possible because we dont know when the interview will be, or when we will move.

 

I dont earn enough on my own in Canada to maintain a residence here in Calgary. If she quits her job here and moves to the US ahead of me, it might put me on the street, because when she moves, she will need to take most everything that is ours, with her. We have two vehicles and cannot sell either one of them. And then there is this stupid thing about medicals - the closest doctor to me, I have read, is in Surrey, BC, which is a good 10 hours drive away from us. And going there in winter is a challenge. The rest are either in Montreal or in Toronto. How the hell do they expect a Canadian who does not live in these cities to get medicals done without paying an arm and a leg in both time and money? Or are there more doctors that I am not aware of?

Some of us downsized, or moved in with roommates/family, for a short period before immigrating.  Reduced costs and easier to move.

 

Medical - some go to BC, others just stay a few extra days in Montreal.

 

You mention vehicles - are you planning to import these to the US? Just double check they're meeting import requirements.