Girlfriend is a USC, but we both live in CAN... options? (merged)

[Shawawa2112 1]

We want to be apart for as short of a time as possible... and I have not found any info online from people in a similar situation to us.

My girlfriend and I both live in Canada. She was born in California, and holds dual USA/CAD citizenship. Her family moved to Canada when she was a young age, and she has lived here ever since. We hope to marry, and live & work in the US as soon as possible.

From what I have read, Canada no longer offers Direct Consular filing for green card applications. In our hopes to not have to be apart for any extended amount of time, would she be able to file for a K-1 fiance visa for me while she lives in Canada? Ideally in this case, we would both be able to continue living together in Canada while the visa is being processed. Once processed, we would move to the US, and marry within 90 days (likely just a courthouse marriage for times sake.)

Is this allowable? We understand she would need to establish her intent to restore domicile within the US when it comes time to file the affidavit of support (she is planning to apply to school there)

 

Any advise on whether or not this is a solid plan? If not, what options do we have?

Edited February 3, 2018 by Penguin_ie

[Unshakable Faith 493]

10 minutes ago, Shawawa2112 said:

We want to be apart for as short of a time as possible... and I have not found any info online from people in a similar situation to us.

My girlfriend and I both live in Canada. She was born in California, and holds dual USA/CAD citizenship. Her family moved to Canada when she was a young age, and she has lived here ever since. We hope to marry, and live & work in the US as soon as possible.

From what I have read, Canada no longer offers Direct Consular filing for green card applications. In our hopes to not have to be apart for any extended amount of time, would she be able to file for a K-1 fiance visa for me while she lives in Canada? Ideally in this case, we would both be able to continue living together in Canada while the visa is being processed. Once processed, we would move to the US, and marry within 90 days (likely just a courthouse marriage for times sake.)

Is this allowable? We understand she would need to establish her intent to restore domicile within the US when it comes time to file the affidavit of support (she is planning to apply to school there)

 

Any advise on whether or not this is a solid plan? If not, what options do we have?

It is fine for her to live there while it processes, lots of people do that- so no worries!

 

As you stated she would need to establish domicile before you arrive and would also need to make sure that she meets the requirements in order to financially sponsor you.

[Boiler 43,852]

Canada is particularly fussy about showing domicile.

 

are you OK not to work for c 4 months.

[Shawawa2112 1]

To answer the posts above:

 

Firstly, I just want to clarify... it is my understanding that my girlfriend would only have to show her "intent in good faith to reestablish domicile in the United States no later than the date of the intending immigrant's admission" in the affidavit of support. She would not move back to the US before knowing whether or not I could join her.

As proof of her intent, we would be able to show her applying to schools/jobs, and a letter from her parents (who own property that we would live at in the US)... what else would we be able to prove?

 

We would likely use a co-sponsor (I have extended family who live in Arizona) to meet any outstanding requirements.

 

I understand that, once I am admitted to the US on a K-1 visa, I would not be able to work until I file for permanent residency, or a work permit. I would be able to support myself with my savings during this time.

[Boiler 43,852]

A's this is Canada specific suggest you look at the many discussions on there.

[Shawawa2112 1]

Crossposted from another forum... See here

 

We want to be apart for as short of a time as possible... and I have not found any info online from people in a similar situation to us.

My girlfriend and I both live in Canada. She was born in California, and holds dual USA/CAD citizenship. Her family moved to Canada when she was a young age, and she has lived here ever since. We hope to marry, and live & work in the US as soon as possible.

From what I have read, Canada no longer offers Direct Consular filing for green card applications. In our hopes to not have to be apart for any extended amount of time, would she be able to file for a K-1 fiance visa for me while she lives in Canada? Ideally in this case, we would both be able to continue living together in Canada while the visa is being processed. Once processed, we would move to the US, and marry within 90 days (likely just a courthouse marriage for times sake.)

Is this allowable? We understand she would need to establish her intent to restore domicile within the US when it comes time to file the affidavit of support (she is planning to apply to school there)

 

Any advise on whether or not this is a solid plan? If not, what options do we have?

 

Firstly, I just want to clarify... it is my understanding that my girlfriend would only have to show her "intent in good faith to reestablish domicile in the United States no later than the date of the intending immigrant's admission" in the affidavit of support. She would not move back to the US before knowing whether or not I could join her.

As proof of her intent, we would be able to show her applying to schools/jobs, and a letter from her parents (who own property that we would live at in the US)... what else would we be able to prove?

 

We would likely use a co-sponsor (I have extended family who live in Arizona) to meet any outstanding requirements.

 

I understand that, once I am admitted to the US on a K-1 visa, I would not be able to work until I file for permanent residency, or a work permit. I would be able to support myself with my savings during this time.

 

 

[Lemonslice 4,632]

1 hour ago, Shawawa2112 said:

To answer the posts above:

 

Firstly, I just want to clarify... it is my understanding that my girlfriend would only have to show her "intent in good faith to reestablish domicile in the United States no later than the date of the intending immigrant's admission" in the affidavit of support. She would not move back to the US before knowing whether or not I could join her.

As proof of her intent, we would be able to show her applying to schools/jobs, and a letter from her parents (who own property that we would live at in the US)... what else would we be able to prove?

 

We would likely use a co-sponsor (I have extended family who live in Arizona) to meet any outstanding requirements.

 

I understand that, once I am admitted to the US on a K-1 visa, I would not be able to work until I file for permanent residency, or a work permit. I would be able to support myself with my savings during this time.

The Consulate in Montreal will ask for more than that. 

 

[Shawawa2112 1]

So what else can we prepare for proof of her intending to reestablish domicile, without her actually having to move there ahead of me?

[Lemonslice 4,632]

6 minutes ago, Shawawa2112 said:

So what else can we prepare for proof of her intending to reestablish domicile, without her actually having to move there ahead of me?

Please read the thread I quoted. I would say that most people filing from Canada end up being separated,  at least for a little while. 

[JFH 12,189]

Why are you considering a K-1? Why not get married first and then apply for a CR-1? You would then enter the USA and become a permanent resident immediately. You'd be able to work immediately. No need to use up your savings on rent and groceries. 

 

Yoir girlfriend/wife can stay will you until your visa is approved if you really think being apart for any length of time will kill you (it doesn't - we've all survived). 

 

It's a cheaper process. It gives you full status immediately. Why anyone would think being in limbo status with the current administration is a good idea when they have a very easy alternative is a mystery to me.  

[JFH 12,189]

Please do not create multiple identical threads.

[acidrain 325]

My spouse also had not lived in the US since he was young. Unfortunately it will be an uphill climb to convince a consulate officer if she has never lived in the US as an adult. Most people who are able to re-establish domicile are people who have been temporarily gone from the US. They want to see concrete proof like a job, house purchase, lease, etc. We moved my spouse ahead of us and we visit regularly.  I am not sure if your spouse has been filing US taxes but that is also a requirement. The number one reason why Canadians are denied is lack of domicile. Your wife will also have to show she can financially support you.

[little immigrant 800]

My ex filed I-130 for CR1 while he was in the US and came to Germany while waiting for the visa with me. 

[Shawawa2112 1]

2 hours ago, acidrain said:

My spouse also had not lived in the US since he was young. Unfortunately it will be an uphill climb to convince a consulate officer if she has never lived in the US as an adult. Most people who are able to re-establish domicile are people who have been temporarily gone from the US. They want to see concrete proof like a job, house purchase, lease, etc. We moved my spouse ahead of us and we visit regularly.  I am not sure if your spouse has been filing US taxes but that is also a requirement. The number one reason why Canadians are denied is lack of domicile. Your wife will also have to show she can financially support you.

I have not read anywhere that filing US taxes is a requirement. That is impossible for us, as she has never worked in the US. She moved to Canada as a small child. What options do we have?

I just don't understand how her applying to schools/having a confirmed place to live isn't enough evidence for them. So frustrating.

[Lemonslice 4,632]

Immigration or not, she is required to file, unless she has very minimal income.

 https://www.irs.gov/individuals/international-taxpayers/us-citizens-by-birth-or-through-a-us-citizen-parent

Quote

All U.S. citizens are subject to U.S. income tax on their worldwide income, regardless of where they reside. U.S. citizens residing abroad are subject to the same income tax filing requirements that apply to U.S. citizens living in the United States. All U.S. citizens must file a U.S. federal individual income tax return each year – Form 1040, 1040A, or 1040-EZ – if their gross income from all sources meets the amounts in the filing requirement charts located in the forms’ instructions.

You guys will be fine, it might not be as fast and smooth as what you imagined, but it is totally feasible.