Must the US sponsor be a current US resident?

[JoshuaCHames 0]

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

[Hypnos 6,576]

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 March 19, 2019 by Hypnos

[Just Paul 4,591]

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.

[JoshuaCHames 0]

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.

[Hypnos 6,576]

University admission would certainly be useful.

[pushbrk 12,110]

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.