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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. 

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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


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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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!! 

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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: 

 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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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


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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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 by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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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). 

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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. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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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. 


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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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. 

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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?


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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