Back and Forth

[Kacey8361 87]

Hoping this is not too unique of a scenario....

 

 

My husband moved to live with me in Canada a few years ago. Now we want to move, as a family, back to the US. Going to go the CR-1 route. 

 

Question is: can he petition for me, and can we complete the application while living in Canada? 

 

Thank you so so so much to everyone who takes the time to answer all these questions on here - trust me when I say, we ALL appreciate it! 

 

Cheers. 

[p-ana 933]

Canada is really big on domicile, so he will definitely need to work on that and most likely move ahead of time. I suggest reading up on the country specific portal so you can get acquainted with the Montreal’s specifics.

 

best of luck

[Mrsjackson 300]

One of the requirements of the spouse visa is the petitioner must submit evidence of domicile in the United States. 

[TBoneTX 43,057]

Thread is moved from the K-1 Process forum to the CR-1 Process forum -- OP is married.

[Kacey8361 87]

4 minutes ago, p-ana said:

Canada is really big on domicile, so he will definitely need to work on that and most likely move ahead of time. I suggest reading up on the country specific portal so you can get acquainted with the Montreal’s specifics.

 

best of luck

Thank you for your response but I am puzzled by your statement that ‘Canada is really big on domicile’? He is a US Citizen, living in Canada, trying to move himself and his family back to the US? Is there any way to show that we will be purchasing a home once approved to live/work in the US? 

 

Thank you again!! 

[NikLR 13,220]

9 minutes ago, Kacey8361 said:

Thank you for your response but I am puzzled by your statement that ‘Canada is really big on domicile’? He is a US Citizen, living in Canada, trying to move himself and his family back to the US? Is there any way to show that we will be purchasing a home once approved to live/work in the US? 

 

Thank you again!! 

Not really.  I suggest browsing this thread: 

 

[p-ana 933]

4 minutes ago, Kacey8361 said:

Thank you for your response but I am puzzled by your statement that ‘Canada is really big on domicile’? He is a US Citizen, living in Canada, trying to move himself and his family back to the US? Is there any way to show that we will be purchasing a home once approved to live/work in the US? 

 

Thank you again!! 

They will want to see he has established domicile in the US and is ready to have the family set up ahead of time before moving. (Kept bank accounts, job, etc)

 

 I’m not sure on the details, since I haven’t gone through that embassy myself, but know from reading vj that it’s a recurring point for usc making the move back.

 

Like I said, best to start off reading the country portal to read up on valuable info.

 

good luck

[Going through 5,668]

19 minutes ago, Kacey8361 said:

Thank you for your response but I am puzzled by your statement that ‘Canada is really big on domicile’? He is a US Citizen, living in Canada, trying to move himself and his family back to the US? Is there any way to show that we will be purchasing a home once approved to live/work in the US? 

 

Thank you again!! 

Domicile intent has to be established by the USC before moving back to the US----not "pending approval" of the spouse visa.

Also, make sure your USC spouse has been filing US taxes while living in Canada over the past few years---this is one way to establish domicile (and also legally required of him).

Edited December 29, 2018 by Going through

[Kacey8361 87]

5 minutes ago, Going through said:

Domicile intent has to be established by the USC before moving back to the US----not "pending approval" of the spouse visa.

Also, make sure your USC spouse has been filing US taxes while living in Canada over the past few years---this is one way to establish domicile (and also legally required of him).

Thank for The quick response. He was granted permanent residency in Canada a few years back and therefore has not needed to file taxes in the US for a few years now. He files his taxes in Canada as this is where he lives/works (for now). 

[Kacey8361 87]

16 minutes ago, NikLR said:

Not really.  I suggest browsing this thread: 

 

Thank you. That thread was exactly what I needed!! I have a good idea what is necessary. 

[NikLR 13,220]

5 minutes ago, Kacey8361 said:

Thank for The quick response. He was granted permanent residency in Canada a few years back and therefore has not needed to file taxes in the US for a few years now. He files his taxes in Canada as this is where he lives/works (for now). 

ACtually the hard truth is that the US requires it's legal residents and citizens to file taxes regardless of where they live or work in the world.  That doesn't mean they OWE taxes but he must back file all the taxes he hasn't done. 

[Going through 5,668]

7 minutes ago, Kacey8361 said:

Thank for The quick response. He was granted permanent residency in Canada a few years back and therefore has not needed to file taxes in the US for a few years now. He files his taxes in Canada as this is where he lives/works (for now). 

He is still a US citizen..... he needs to file US taxes. 

[Kacey8361 87]

1 minute ago, NikLR said:

ACtually the hard truth is that the US requires it's legal residents and citizens to file taxes regardless of where they live or work in the world.  That doesn't mean they OWE taxes but he must back file all the taxes he hasn't done. 

Really? Gahhhhh. Ok. We will get that sorted out ASAP then. Thank you again. 

[Kacey8361 87]

1 minute ago, Going through said:

He is still a US citizen..... he needs to file US taxes. 

Incredible. So, he just has to file $0 on everything since 2014? So strange, but we will sort this out ASAP

[Going through 5,668]

1 minute ago, Kacey8361 said:

Incredible. So, he just has to file $0 on everything since 2014? So strange, but we will sort this out ASAP

He would have to report worldwide income----has he been working in Canada over the years?