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JoshuaCHames

Must the US sponsor be a current US resident?

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Hello, I've been reading up on the guides and forums for the past few days and finally have a question I'm struggling to google. Let me briefly explain our situation.

 

I am a US citizen, who married a Canadian citizen, my wife and I fully completed the immigration process ourselves, and I have been living in Alberta Canada for several years now. I will soon be able to take my citizenship exam, and we have both decided it would be best for us to move back to the States and support my family for the time being. We are going use my father as a joint-sponsor, as I do not make 125% of the poverty line. The guide and other sources specify that the joint-sponsor must be a US resident, which isn't a problem, but it made me realize that It was not specified if I, the main sponsor, had to be a current US resident.

 

So my question is, do I need to be a current US resident to submit IR1/CR1 for my wife, If so, what are my options? Simply move back to the states myself and remain separated a year?

 

Thank you,

Josh

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Posted (edited)

You must be able to show that you intend to resume your domicile in the US.

 

This may include: a job offer; arranging schooling for any children; obtaining a home lease or rental; etc. US posts in Canada are notorious for being picky about this.

Edited by Hypnos

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67 (6/29/12) EAD production ordered
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78 (7/10/12) Interview
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319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

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27 minutes ago, JoshuaCHames said:

current US resident to submit IR1/CR1 for my wife

No you can file anytime but you must re-establish your domicile prior to or with the entry of you spouse to the US.


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4 minutes ago, Hypnos said:

You must be able to show that you intend to resume your domicile in the US.

 

This may include: a job offer; arranging schooling for any children; obtaining a home lease or rental; etc. US posts in Canada are notorious for being picky about this.

Thank you, would something like an acceptance letter to a University count towards this? I'm assuming it's up to the discretion of the agent.

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University admission would certainly be useful.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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To be clear, it is at the time of the visa interview, you must convince a Consular Officer you intend to reestablish your US domicile.  You do not have to do it before filing  the petition.    For Canada, it is often difficult to meet the standard of domicile expected by the Consular Immigrant Visa Unit in Montreal.  The safe bet is to already have you domicile re-established or as close to that as practical.


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